The Affidavit of Executor is a fundamental document in Malaysian probate proceedings, required when seeking to obtain a Grant of Probate from the Malaysian courts. This affidavit must comply with the Probate and Administration Act 1959 and the Rules of Court 2012, serving as the executor's formal declaration of their appointment and intentions. The document is used when a named executor seeks legal authority to administer a deceased person's estate, requiring detailed information about the deceased, their will, the estate's composition, and the executor's capacity to act. It must be sworn before a Commissioner for Oaths and typically accompanies the petition for Grant of Probate, forming part of the court's official record.
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1. Title and Venue: Formal heading stating this is an Affidavit of Executor, including the court's name and location
2. Deponent Information: Personal details of the executor including full name, NRIC number, occupation, and address
3. Deceased's Information: Details about the deceased including full name, last address, date of death, and occupation
4. Relationship and Appointment: Statement of relationship to deceased and basis for appointment as executor
5. Will Details: Information about the will including date, witnesses, and confirmation it's the last will
6. Estate Overview: General statement about the nature and approximate value of the estate
7. Beneficiaries: List of beneficiaries named in the will and their entitlements
8. Declaration of Capacity: Executor's declaration of legal capacity and willingness to act
9. Undertaking: Formal promise to administer estate according to law and will terms
10. Verification: Statement of truth and signature block with jurat
1. Foreign Assets: Required when deceased owned assets in other countries
2. Business Interests: Needed when deceased had business ownership or partnerships
3. Pending Litigation: Required when there are ongoing lawsuits involving deceased or estate
4. Prior Applications: Needed if there were previous probate applications
5. Co-Executors: Required when multiple executors are named in the will
6. Renunciation References: Needed if any named executors have renounced their right to act
1. Schedule A - Assets: Detailed inventory of deceased's assets including real property, bank accounts, vehicles, investments
2. Schedule B - Liabilities: List of all known debts and liabilities of the deceased
3. Schedule C - Will Copy: Certified true copy of the last will and testament
4. Schedule D - Death Certificate: Certified copy of the death certificate
5. Schedule E - Beneficiary Details: Complete information about all beneficiaries including contact details
6. Schedule F - Supporting Documents: Copies of relevant documents such as property titles, share certificates, bank statements
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