Wills & Inheritance
Distribution of estate under a will
If a person dies leaving a will, his or her estate will be distributed according to the terms of the will. An application to court for a grant of probate to execute the will is required.
Although a person has generally the freedom to chose his beneficiaries in his will, the Inheritance (Family Provision) Act 1971 allows certain family members such as wives, husbands, and children to apply to the courts for reasonable provision to be made for their maintenance if nothing, or an insufficient amount, has been left for them under the will.
Where the deceased leaves no will
Where the deceased leaves no will, the estate is then distributed according to the Distribution Act 1958 as seen below:
| Parents | Spouse (husband or wife) | Children |
|---|---|---|
| 1/4 share divided equally between mother and father; if only one parent surviving then the 1/4 share to him/her | 1/4 share (equally divided if more than one legal wife) | 1/2 share to be equally divided among all children (male and female children have equal rights) |
| No parents | 1/3 share | 2/3 share to be equally divided |
| No parents | No Spouse | All to children to be equally divided |
| 1/2 share | 1/2 share | No children |
| No parents | All | No children |
If there are no surviving parents, spouses, or children, the estate will be distributed according to the following order in priority:
- Grandparents (if both are alive, in equal share);
- If no grandparents, to brothers and sisters in equal share;
- If no grandparents, no siblings, then to uncles and aunts in equal share;
- If no relatives, then to the government.
The same application applies, wherein Inheritance (Family Provision) Act 1971 allows certain family members such as wives, husbands, and children to apply to the courts for reasonable provision to be made for theie maintenance if nothing, or an insufficient amount is left for them under the law which applies where the deceased does not leave a will.
Small estates
Where the deceased’s estate consists of entirely or partly of immovable property (e.g. house or apartment) and does not exceed RM 600,000 in total value, there is also the option of distribution of the estate according to the Small Estates (Distribution) Act 1955. For very small estates where there is no immovable property involved, assistance for distribution may be sought from the Public Trustee’s Office (Pejabat Amanahraya).