Renunciation of Probate (Malaysia)
Form NC 7 — Renunciation of executor appointment under Order 71 Rule 22 of the Rules of Court 2012
Renunciation of Probate
IN THE HIGH COURT OF MALAYA AT [Court Name] IN THE ESTATE OF [Deceased Name] (MyKad No. [Deceased Ic]), DECEASED RENUNCIATION OF PROBATE (Corresponding to Form NC 7 under Order 71 Rule 22 of the Rules of Court 2012) I, [Renouncee Name] (MyKad No. [Renouncee Ic]), of [Renouncee Address], being the [Renouncee Relationship] of the above-named deceased and being a person named as executor in the Last Will of the said deceased dated [Will Date], hereby renounce all my right, title, claim and authority as executor in relation to the estate of [Deceased Name].
Deceased's Particulars
PARTICULARS OF DECEASED Full Name: [Deceased Name] MyKad Number: [Deceased Ic] Date of Death: [Date Of Death] Place of Death: [Place Of Death] Last Known Address: [Deceased Last Address]
Declaration of Non-Intermeddling
DECLARATION OF NON-INTERMEDDLING I, [Renouncee Name], do hereby declare that: 1. I have not intermeddled in the estate of the above-named deceased. I have not collected any assets, paid any debts, given any instructions to any financial institution, land registry, or government agency as executor, or taken any other step in the administration of the estate of [Deceased Name], deceased; 2. The reason for my renunciation is: [Renunciation Reason]; 3. I understand that this renunciation, once filed at the High Court Probate Registry, is irrevocable except in limited circumstances permitted by the court under Order 71 of the Rules of Court 2012; 4. I understand that upon filing this renunciation, I lose all rights as executor in relation to the estate of [Deceased Name], deceased; 5. Co-executors named in the will (if any): [Co Executor Names]. These persons may apply for a Grant of Probate in relation to the estate without my participation.
Renunciation
RENUNCIATION I, [Renouncee Name], hereby formally renounce all my rights, powers, and duties as executor under the Last Will of [Deceased Name] (deceased) dated [Will Date]. This renunciation is made freely and voluntarily, with full understanding of its legal effect under the Probate and Administration Act 1959 (Act 97) and Order 71 of the Rules of Court 2012. I consent to the remaining named executors (if any), or to any person with a sufficient interest in the estate, applying to the High Court of Malaya for a Grant of Probate or Letters of Administration with the will annexed in relation to the estate of [Deceased Name], deceased.
Statutory Declaration
STATUTORY DECLARATION I, [Renouncee Name] (MyKad No. [Renouncee Ic]), of [Renouncee Address], do solemnly and sincerely declare that the contents of this Renunciation are true to the best of my knowledge and belief, and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1960 (Act 783). Declared at ______________________ this [Renunciation Date] Before me: _______________________________ [Commissioner Name] Commissioner for Oaths / Notary Public Deponent's Signature: ___________________________ [Renouncee Name] (MyKad No. [Renouncee Ic])
Filing Note
FILING NOTE This Renunciation of Probate (Form NC 7) must be filed at the High Court Probate Registry — [Court Name] — together with the applicable court filing fee under the Rules of Court 2012. Filing the renunciation formally removes [Renouncee Name] from the estate administration and allows other eligible persons to apply for administration of the estate of [Deceased Name], deceased.
Renouncing Executor
________________
Signature
Commissioner for Oaths
________________
Signature
What Is a Renunciation of Probate (Malaysia)?
A Renunciation of Probate in Malaysia supports the grant of authority to administer a deceased person's estate.
A Renunciation of Probate may only be made before the executor has intermeddled in the estate. Under the common law doctrine of intermeddling — applied by the High Court of Malaya and the Court of Appeal of Malaysia — an executor who has taken any step in the administration of the estate (such as collecting estate funds, giving instructions to banks, paying debts, or taking possession of estate assets) is deemed to have accepted the executorship and cannot renounce. The Probate and Administration Act 1959 (Act 97) and Order 71 of the Rules of Court 2012 govern the renunciation procedure.
Upon the renunciation of all named executors, the estate requires an alternative administrator. If the will names a substitute executor, that person may apply for a Grant of Probate. If no substitute executor is named, the beneficiaries or Amanah Raya Berhad may apply to the High Court for Letters of Administration with the will annexed (grant cum testamento annexo) under Section 16 of the Probate and Administration Act 1959, by which the administrator distributes the estate in accordance with the will.
A Renunciation of Probate is distinct from a Renunciation of Right to Letters of Administration, which is filed by a person entitled to apply for Letters of Administration (in an intestate estate) who wishes to decline that right. Both forms of renunciation are filed at the High Court Probate Registry and are irrevocable once filed, except in rare circumstances where the court permits withdrawal of the renunciation before probate is granted to another person.
The legal framework governing the Renunciation of Probate (Malaysia) in Malaysia draws on several key statutes and regulatory bodies. Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Parties executing a Renunciation of Probate (Malaysia) in Malaysia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Wills Act 1959 (Act 346) sets the foundational requirements.
When Do You Need a Renunciation of Probate (Malaysia)?
A Renunciation of Probate is needed in Malaysia whenever a named executor is unwilling or unable to act and wishes to formally relinquish their appointment before intermeddling in the estate.
A Renunciation of Probate is needed when the named executor is overwhelmed by the responsibilities of estate administration — particularly for complex estates involving multiple properties under the National Land Code 1965, business interests in companies registered with SSM, and multiple financial accounts — and prefers to step aside in favour of a professional executor such as Amanah Raya Berhad.
A Renunciation of Probate is required when the named executor is in a conflict of interest — for example, where the executor is also a beneficiary who disputes the will's provisions and cannot impartially administer the estate in the beneficiaries' interests.
A Renunciation of Probate is needed when the executor is residing outside Malaysia and cannot realistically fulfil the duties of executor in person — attending the High Court Probate Registry, liaising with the Land Registry, and dealing with Malaysian financial institutions — without incurring prohibitive costs or delays.
A Renunciation of Probate is required when the executor has been diagnosed with a serious illness or cognitive impairment after being named in the will, and is no longer able to perform the executor's duties, but wishes to formally renounce rather than simply failing to act (which would delay estate administration indefinitely).
A Renunciation of Probate is needed when there are multiple co-executors named in the will and one executor wishes to step down, leaving the remaining executors to administer the estate without the renouncing co-executor's involvement.
Parties in Malaysia should prepare a Renunciation of Probate (Malaysia) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Renunciation of Probate (Malaysia)
A valid Renunciation of Probate in Malaysia (Form NC 7) must contain the following essential elements under Order 71 Rule 22 of the Rules of Court 2012.
Deceased's Details: The full legal name, MyKad number, date of death, and last known address of the deceased testator, as these must correspond to the probate application at the High Court Probate Registry.
Will Reference: The date of the will in which the renouncing executor was appointed, confirming the will for which probate is being renounced.
Renouncing Executor's Details: The full legal name, MyKad number, and address of the person renouncing. The renouncing person must confirm that they are named as executor in the will and have not previously intermeddled in the estate.
Declaration of Non-Intermeddling: The renouncing executor must declare that they have not intermeddled in the estate — they have not collected assets, paid debts, or taken possession of estate property — as intermeddling bars renunciation under the common law rule recognised by Malaysian courts.
Voluntary and Informed Renunciation: The declaration must confirm that the renunciation is made freely and voluntarily, with full understanding of the effect — that upon filing, the renouncing executor loses all rights as executor in relation to the estate.
Affidavit or Statutory Declaration: In practice, the renunciation is typically filed as part of an affidavit sworn before a Commissioner for Oaths or as a statutory declaration under the Statutory Declarations Act 1960 (Act 783), verifying the facts stated in the renunciation.
Court Filing: The completed Form NC 7 must be filed at the High Court Probate Registry in the state of the deceased's domicile, together with the applicable court filing fee under the Rules of Court 2012.
Additional compliance elements for a Renunciation of Probate (Malaysia) used in Malaysia include: Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Forms-legal.com provides this template as a starting point for Malaysia-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Renunciation of Probate (Malaysia) (Malaysia) [Legal document template]. Forms Legal. https://forms-legal.com/malaysia/estate-planning/estate/renunciation-of-probate-malaysia
"Renunciation of Probate (Malaysia) (Malaysia)." Forms Legal, 2026, https://forms-legal.com/malaysia/estate-planning/estate/renunciation-of-probate-malaysia.
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author = {{Forms Legal}},
title = {Renunciation of Probate (Malaysia) (Malaysia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/malaysia/estate-planning/estate/renunciation-of-probate-malaysia}},
note = {Free legal document template. Based on Wills Act 1959 (Act 346)}
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Frequently Asked Questions
A renunciation of probate in Malaysia is generally irrevocable once filed at the High Court Probate Registry under Order 71 Rule 22 of the Rules of Court 2012. However, the High Court of Malaya has a limited inherent jurisdiction to allow a renouncing executor to retract the renunciation before probate has been granted to any other person, where the court is satisfied that the renunciation was made under a mistake of fact or under circumstances that make it inequitable to hold the renouncing executor to the renunciation. Once probate has been granted to another person — whether another executor or an administrator under Letters of Administration with the will annexed — the renunciation cannot be withdrawn and the renouncing executor has no further rights in relation to the estate. Executors should therefore take careful legal advice before filing a renunciation, as the decision is effectively permanent.
When all executors named in a will renounce probate in Malaysia, the estate requires an alternative administrator to administer and distribute the estate in accordance with the will. The court may grant Letters of Administration with the will annexed (also called a grant cum testamento annexo) to a person with an interest in the estate — typically the principal beneficiary under the will, the surviving spouse, or Amanah Raya Berhad. The administrator under Letters of Administration with the will annexed has the same powers and duties as an executor, but must administer the estate in accordance with the will's terms rather than the Distribution Act 1958 (which applies to intestate estates). The application for Letters of Administration with the will annexed is made at the High Court Probate Registry under Section 16 of the Probate and Administration Act 1959.
An executor may be removed by the High Court of Malaya without the executor's consent under Section 46 of the Trustee Act 1949 (Act 208) or under the court's inherent jurisdiction to supervise the administration of estates. Grounds for compulsory removal of an executor include: the executor has committed a breach of fiduciary duty, such as misappropriating estate assets; the executor is in a conflict of interest with the beneficiaries; the executor has become mentally incapacitated or bankrupt; the executor is residing outside Malaysia and cannot effectively administer the estate; or the executor is refusing to administer the estate, causing unreasonable delay and prejudice to the beneficiaries. A beneficiary or co-executor may apply to the High Court for the removal of the executor and appointment of a substituted executor or administrator, often Amanah Raya Berhad, in their place.
The doctrine of intermeddling in Malaysia prevents an executor from renouncing probate once they have taken steps in the administration of the estate. Intermeddling includes: collecting money owed to the estate, paying estate debts, taking possession of estate assets, or giving instructions to banks or other institutions as executor. Not every act in connection with the deceased's affairs constitutes intermeddling — purely protective acts, such as arranging the deceased's funeral (which is a personal obligation independent of the executorship) or securing the deceased's home to prevent theft, are generally not treated as intermeddling by Malaysian courts. The boundary between legitimate protective action and intermeddling is a matter of degree and the courts apply a fact-specific test. Executors who are unsure whether a proposed action would constitute intermeddling should seek advice from advocates and solicitors registered with the Malaysian Bar before acting.
A Renunciation of Probate (Malaysia) does not legally require a lawyer in Malaysia, and individuals and businesses may draft and execute the document independently. The Wills Act 1959 (Act 346) does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified Malaysia lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The Federal Court of Malaysia has jurisdiction over disputes arising from this type of document, and Companies Commission of Malaysia (SSM) may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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