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Explained: Current State of Malaysian Estate

Posted on September 6, 2022September 6, 2022 by TIH

As of 2020, there are around RM 105 billion [1][2] of frozen assets in Malaysia. This represent huge estates were left without care after demise of owner. For property it may be left unattended. Meanwhile for money, it was stuck with Trustee in Accountant General’s Department of Malaysia

Frozen Assets

As you may see from the statistics below, this trend is increasing year on year. From 2009 to 2011, the increment is not very obvious. Steep increase started in 2012 and keep on increasing since then. The amount is growing to bigger number. Currently stands at RM 105 billion. This amount is enough to support 36,458 Engineers’ life till they reach their life expectancy!

Frozen Asset in Malaysia, 2009-2020

Unclaimed Money

There is no clear definition of frozen assets as per se. Particularly on physical asset. For instance land, property, car and etc. However for unclaimed monies, there is a clear demarcation [3] for them.

  1. Moneys which are legally payable to the owner but have remained unpaid for a period of not less than one year. Example:
    • Salaries, wages, bonuses, commissions and other payments due to employees
    • Dividend
    • Profits declared for distributions
    • Insurance claims which have been approved for payment
    • Bank draft, cashier’s order and other documents of similar nature which validity period have lapsed
    • Fixed deposits (without automatic renewal instructions ) which have matured
    • Tender deposits for which the intended purpose has been fulfilled
    • Sundry creditors or sundry debtors with credit balance
  1. Moneys standing to the credit of an account that has not been operated in whatever manner by the owner for a period of not less than seven years. Example:
    • Saving account
    • Current account
    • Fixed deposit (with automatic renewal instructions).
  1. Moneys to the credit of a trade account that has remained dormant for a period of not less than two years. Example:
    • Trade creditors account
    • Trade debtors account with credit balance.

Entity for Estate

Among the party [4] that involves with the estate, typically as follows:

  1. Shariah court
  2. Civil high court
  3. Jabatan Ketua Pengarah Tanah dan Galian
  4. Amanah Raya Berhad
  5. Trustee company

Vulnerable Group

According to Utusan [5], from RM 105 billion value of frozen asset, 90% of this portion is belong to Bumiputera. Among the challenges that contribute to this problem:

  1. Heirs is untracable
  2. Document is missing
  3. Lack of financial planning
  4. Lack of financing
  5. Illiterate
  6. Bureaucracy in estate distribution
  7. Procrastinate
  8. Assuming Faraid is the only way to distribute the asset
  9. Disagreement among family members

Source:

  1. Unisza
  2. UTHM
  3. AGD
  4. IKIM
  5. Utusan
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