Formulating a legal framework for the administration of bona vacantia (ownerless estate) in West Malaysia

Abstract

The concept of Bona vacantia, denoting ownerless estates, arises when a deceased person's estate lacks rightful heirs. This research explores the formulation of a legal framework for the administration of Bona vacantia (ownerless estate) in West Malaysia, with a comprehensive examination of legal and procedural aspects. The existing legal provisions for Bona vacantia in West Malaysia are fragmented, leading to inconsistencies in administration, especially concerning Muslims and non-Muslims. This research aims to address these issues by investigating applicable laws and administrative variations towards proposing a comprehensive legal framework. The study explores the legal landscape governing Bona vacantia in West Malaysia, emphasising state-based legal provisions for Muslims and dual-level administration for non-Muslims. Undeniably, the lack of uniformity in law and the absence of mechanisms to locate potential beneficiaries have resulted in the denial of their rights. The study utilises a multi-faceted methodology that includes a doctrinal approach by analysing the legal and non-legal literature and field studies that involve semi-structured interviews with authorities in West Malaysia. A comparative analysis with international models from the United Kingdom (UK) and Singapore is conducted to obtain valuable insights into successful global practices that can be adapted to the West Malaysian context. Tables and figures are also incorporated to visualise and clarify the data. In conclusion, the proposed legal framework is delineated, emphasising legislative changes, key legal principles, and procedural aspects that aim to enhance the administration of Bona vacantia in West Malaysia, drawing on international best practices. Special attention is given to the identification of Bona vacantia assets, notification and registration procedures, handling of funds and assets, and dispute resolution mechanisms. The study contributes valuable recommendations for legislative changes, administrative reforms, and strategies for successful implementation. The goal is that this research will pave the way for improved asset management, inheritance procedures, and legal administration in the context of Bona vacantia for Muslims and non-Muslims in alignment with international best practices while considering regional legal frameworks for compatibility.