Siblings Disputing Over Estate Administrator❓ What Factors Does the Court Usually Consider❓

In Malaysia, it is commonly assumed that only one estate administrator can be appointed. However, this is not strictly the case. The court has the discretion to appoint more than one administrator depending on the circumstances of the estate.
How many administrators can the court appoint at most?

Generally, the court may appoint up to four (4) administrators to jointly manage a single estate. However, this is not a fixed rule, but rather a discretionary maximum depending on the complexity and needs of the case.

For example, if the deceased leaves behind six siblings, the question often arises as to how many may be appointed. The answer is that up to four may be appointed, but whether this is necessary depends on practicality.

In estate disputes, the purpose of appointing an interim administrator is to stabilise assets, preserve the status quo, and prevent misuse. In practice, courts may appoint a third party rather than family members when it is deemed that entrusting management to family members is no longer safe or feasible.
Why does the court appoint a third-party interim administrator?

Although it may be assumed that family members should naturally take charge, in practice the court may prefer a neutral third party (such as Amanah Raya Berhad) in situations

In some intestate estate disputes, it is common for one party to act unilaterally before any administrator is formally appointed, for example by collecting rental income from tenants belonging to the estate. In principle, without lawful authority (such as being appointed executor or administrator, or obtaining a court order), any unilateral collection or handling of estate assets may raise serious legal issues and may be regarded as improper dealing with estate property.

In such situations, the priority is not confrontation, but to promptly “secure” the estate to prevent further loss.
Possible action: applying for an interim administrator

A commonly used legal approach is to apply to the court for the appointment of a temporary/interim administrator.

In many estate disputes, what causes the process to stall is not “how to divide the estate”, but “who should manage it”. When family members do not trust each other or cannot reach agreement, and multiple parties insist on being appointed, the court may, in certain circumstances, prefer appointing a neutral third party as an interim administrator to ensure the estate administration process continues.

In estate administration cases, one of the most common and conflict-prone issues is: who should be responsible for managing the estate. This becomes especially sensitive when the deceased left behind substantial assets such as multiple properties, bank savings, investments, or other forms of wealth. In such situations, it is not uncommon for family members to dispute the appointment of an administrator, and in some cases, two or more parties may insist on being appointed, causing the process to stall.

This Episode: Who Should Be the Administrator of an Estate? How Does the Court Decide?

In this episode, we discuss an issue that many families encounter, but which often escalates into court disputes: who should be appointed as the Administrator of an estate, and what factors does the court consider?
Estate Administration in Malaysia: 3 Main Institutions

In Malaysia, estate matters generally involve three main institutions:

The Court
The Land Office
Amanah Raya

Today, we focus on: what the court considers when appointing an estate administrator.
With a Will vs Without a Will: A Significant Difference
With a Will

If the deceased has left a valid will, disputes over administration are usually minimal because the will typically already specifies:

The beneficiaries
The executor

In such cases, the estate is administered according to the will, and disputes are relatively limited.