SIBU: Opposition DAP has called on the state government to urgently review its new policy on probate applications.
Its political education director Irene Chang said the policy was made known by the State Attorney-General (AG) Chambers to all the District Offices in the state.
She claimed under the policy an executor of a deceased’s estate needs to make separate probate applications at each individual district office where the estate of the deceased had consisted of landed properties in different districts of the state.
Chang said the standard practice prior to this 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 consisted of some landed properties.
“That particular district office would then obtain consent from the other district offices concerned to proceed with the application, without needing the executor to make separate applications at every district office where the deceased had properties.
“This practice is supported by the statutory declaration required to be signed by the executors whereby they would have to declare that they had never lodged a report of the probate matter at any other district office,” she said in a press statement here Wednesday (Dec 7).
According to Chang, who is a lawyer, this 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.
She said this would enhance productivity and efficiency in the government departments and hence improve their quality of service to the people.
However, she claimed that instead of improving on this policy, the policy now being practised by these district offices has not only retrogressed the society but is also making a mockery of the Premier’s determination and commitment to achieve a digital transformed society.
“With this policy, not only do our people have to make physical applications but 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 had landed properties in different parts of Sarawak.
“Thus, at the end of the day, does it mean that the executor concerned would be armed with at least two or three 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?,” she questioned.
In this respect, she called on not only the state law minister to advise the State AG chambers to review this policy but also the Advocates Association of Sarawak to play a proactive role in liaising and brainstorming with the law minister/AG chambers to review legislation and policies which are placing a great burden on the people.
