KUCHING, Dec 7: Former Bukit Assek assemblywoman Irene Chang has urged the State law minister to urgently review the latest policy issued by the State Attorney-General’s Chambers to all District Offices in Sarawak regarding probate applications of a deceased’s estate.
The policy requires an executor of a deceased’s estate to make separate probate applications at each individual District Office where the deceased’s estate consists of landed properties located in different districts of Sarawak.
According to a press statement, Chang emphasised that the standard practice prior to the new policy was that the executors would make the probate application at any one District Office in the district at which the estate of the deceased consist of some landed properties.
“That particular District Office would then obtain consent from the other District Office concerned to proceed with the application, without needing the executor to make separate applications at every District Office where the Deceased had their properties.
“This practice is supported by the Statutory Declaration required to be signed by the executors whereby they would have to declare that they have never lodged a report of the probate matter at any other District Office,” she stated.
She went on to say that the policy had made sense and should have been improved on by the State authorities by making available online applications on par with the digital transformation which is constantly advocated for by the Premier of Sarawak.
She also said that it would enhance productivity and efficiency in Sarawak’s government departments and hence improve their quality of service to the people.
“However, instead of improving on this policy, the policy now being practised by these District Offices has not only retrogressed our society but is also making a mockery of the Premier’s determination and commitment to achieve a digital transformed society in Sarawak.
“With this policy, not only do our people have to make physical applications but instead they also have to physically run around different parts of Sarawak in order to apply for the probate of the estate of the deceased from different district offices if the deceased have landed properties in different parts of Sarawak,” she asserted.
Chang continued stating, “Thus, at the end of the day, does it mean that the executor concerned would be armed with at least 2-3 probates from different parts of Sarawak before they are able to carry out their duty to administer the estate?
“Won’t this new policy double or triple the time normally taken to process the probates?
“Furthermore, with the new policy in force, won’t it also mean that what is declared in the accompanying Statutory Declaration by the executor that he has never lodged a report of the probate matter at any other District Office would be a false declaration punishable under the law as the Statutory Declaration is in the standard form given by the District Office?”
In addition, she reiterated that she strongly urges not only the State law minister to advise the State Attorney-General’s Chambers to review the policy, but also the Advocates Association of Sarawak (AAS) to take a proactive role in liaising and brainstorming with the law minister or the State Attorney-General’s Chambers to review legislations and policies which are placing a great burden on the people of Sarawak.
“Legislation and policies should be improved, instead of causing more burden to the people,” she remarked. — DayakDaily
