Analysis of Section 404 of the Malaysian Penal Code in Relation to Criminal Liability by the Personal Representative in Estate Administration

Abstract

Personal representative refers to an individual or a body that is vested with the authority to manage the inheritance estate of the deceased person. Since estate administration deals with legal and technical matters, the key point in ensuring the success of inheritance management lies in the competency of the personal representative. This is corroborated by the fact that the administration of estate is known for its lengthy process which could sometimes take years to complete. Several reports show that there are several cases involving breach of trust committed by the personal representative during his tenure. This includes the misappropriation of the estate property for his personal benefit and other adverse actions taken by the personal representative that led to the detriment of the entitled beneficiaries. The focus of this paper is to analyse the criminal liability that is associated with the mismanagement of the estate by the personal representative under Malaysian criminal law, with specific reference to the Penal Code. This paper adopts a qualitative approach by undertaking library-based research as its main methodology. Relevant materials include, but not limited to statutes, case laws, textbooks, journal articles, newspapers and seminar papers are being referred to in this research. It is found that misappropriation of estate property by the personal representative occurs due to the lack of knowledge and awareness on how to administer the estate and failure to distinguish between his duties and entitlement over the deceased’s estate.