Contrary to popular belief, only the death certificate issued by the Registrar General of Births & Deaths Malaysia, and not the hearsay from your mother-in-law that you have met your Maker, is the official confirmation of your demise – if and when that happens.
That said, the High Court is equally a competent arm of the government that has legal authority to reconfirm that someone has indeed died. This can basically arise in two situations:
- either when the High Court is presented to hear the application for Grant of Probate (Probate), where someone dies leaving a will, OR
- the application for Grant of Letters of Administration (LA) when someone dies without a will.
In both instances, the High Court registrar will only issue either the Probate, or LA (as the case may be) when, inter alia, he or she has had sight of the original death certificate, or some other irrefutable evidence that the deceased has died.
Without such documents or evidence, no Probate or LA can be issued.
It must also be remembered that the Probate or LA is more than just officially reconfirming the deceased’s death. They are, more importantly, the principal documents that promulgate the Executor (in the Probate), and the Administrator (in the LA) with authority over the deceased’s entire estate (debts and assets).
In that regard, any person furnished with either document is legally compelled to give due recognition to same, which would contain the following key information:
- the High Court suit number and date of issuance;
- the deceased’s full name;
- the deceased’s identity card registration number;
- the deceased’s date of death,
- the full details of the Executor or the Administrator (as the case may be)
The land registries throughout Malaysia, without any exception, must be lauded for truly understanding the legal purport of what a Probate or LA entails.
In my 25 years of practice, they have never demanded beyond the Probate or LA as confirmation of the deceased’s death.
Unfortunately, not all take that position.
From my experience, banks, Lembaga Tabung Haji, and the Employees Provident Fund, are some of those who remain steadfast in their desire to have a death certificate as the only proof for the same. No amount of explanation on my part could convince them otherwise.
One local bank went one step further and required a copy of the deceased’s burial permit.
That happened to me in 2016, when I attempted to cancel my late wife’s credit card just after her tragic death due to cancer.
The said bank insisted not only for a copy of her death certificate (as expected), but also demanded for a copy of her burial permit before proceeding to cancel her credit card.
In grief and pain, I could only fume at that juncture over what I believe to be an insanely ridiculous demand, without an iota of intelligence.
Years later, and after being happily remarried with stepchildren, I can now rationalise how and why such a demand came into being.
As an epilogue to this piece, I reproduce below what I believe to be the unsubstantiated minutes that took place at that very bank’s special committee meeting, set up to decide why a burial permit is required for proof of death.
Chairperson: How do we confirm someone has died?
Inhouse legal adviser: Death certificate.
Bank’s intellect of the day: Must also get the deceased’s burial permit.
Bank’s inhouse beautician: (Not exactly sure why she was summoned to the meeting, decided to remain silent, and not make eye contact with anyone for fear of being asked about matters outside the scope of the latest hair and skin care products).
Chairperson: Why a burial permit?
Bank’s intellect of the day: Boss, from the mortuary to grave, someone still can use the deceased’s thumbprint for online banking. Make sure to bury properly.
Chairperson: Sure or not?
Bank’s intellect of the day: Got one, boss.
Chairperson: Okay then, get the death certificate and burial permit.
Inhouse legal adviser: (Quietly going along with the preposterous idea so as not to jeopardise good relations with Chairperson and impending bonus)
Bank’s inhouse beautician: (Still not making eye contact with anyone)
Jokes aside, my hopes are simply this – when implementing anything affecting anyone, put some considerate thought into it, and not cause unnecessary hardship to all and sundry.
Where Probates and LAs are concerned, it would be most helpful if parties could simply accept them as official reconfirmations of death, without having the need to demand for the actual death certificate as well.
This is the personal opinion of the writer and does not necessarily represent the views of Twentytwo13.