Probate and Administration Act · 1984 Revised Edition · Part IV · Rules for Administration of Property
Section 58
Official textFrom Attorney General's Chambers, unchanged
On obtaining probate or letters of administration the legal personal representative shall forthwith -
probate
"probate" and "letters of administration" include confirmation in Scotland, and any instrument hav-ing in any other part of the Commonwealth the same effect which under English law is given to probate and letters of administration respectively;
collect and recover all the property, assets and effects covered by the grant;
discharge thereout all the debts due by the deceased which are legally recoverable; and
distribute the residue of the estate -
where the deceased was a Muslim domiciled in Brunei, in accordance with Muslim law as practised in Brunei;
where the deceased was not a Muslim but was an Asian domiciled in Brunei and the race to which he belonged has its own recognised and clearly-defined customs relating to the admi-nistration and distribution of the estates of de-ceased persons, in accordance with the terms of the will or, if no will has been produced, according to those customs;
in all other cases where the deceased was domiciled in Brunei, in accordance with the terms of the will or, if no will has been proved according to the law for the time being in force in England relating to the administration of the estates of deceased person; and
in all cases where the deceased was not domi-ciled in Brunei, in accordance with the law of the country of his domicil~:
'-
Provided that before distributing the residue of the estate an executor or administrator may reimburse himself out of
Probate and Administration the assets of the estate in respect of any monies paid by him on account of funeral expenses, estate duty, other probate or administration expenses and any other necessary ex-penses incurred by him on behalf of the estate.
Terms defined in this Act
letters of administration
Defined · s 77"probate" and "letters of administration" include confirmation in Scotland, and any instrument hav-ing in any other part of the Commonwealth the same effect which under English law is given to probate and letters of administration respectively;
probate
Defined · s 77"probate" and "letters of administration" include confirmation in Scotland, and any instrument hav-ing in any other part of the Commonwealth the same effect which under English law is given to probate and letters of administration respectively;
Part VI
Sealing of Grants Made by British Courts Outside Brunei
Part VII