Wills & Inheritance (Civil)
When A Person Dies Leaving A Will
If a person dies leaving a will, the deceased’s 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 generally has the freedom to choose his/her beneficiaries in his/her 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.
Intestacy (When A Person Dies Without Leaving A Will)
Where the deceased leaves no will, the estate is then distributed according to the Distribution Act 1958, as follows:
| 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);
- Brothers and sisters (in equal share);
- Uncles and aunts (in equal share);
- 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 their 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 RM600,000 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).
Marriage Revokes A Will
If a person is single at the time of writing his or her will, this will is automatically revoked once he or she marries. However, if he or she plans to marry in the near future, he or she can still make a will now by stating in the document that it is being made in contemplation of his or her marriage to a particular person. The name of the future spouse must be clearly stated in the will.
Property of Deceased Spouse After Conversion to Islam
Where a spouse who has converted to Islam dies before his/her non-Muslim marriage is dissolved (through divorce, for instance), the deceased spouse’s matrimonial assets shall be distributed by the civil court according to Section 51A of the Law Reform (Marriage and Divorce) Act 1976 upon application by the surviving spouse, children and parents of the deceased spouse (known as “the interested parties”), if any.
In this situation, the court will consider the following factors when distributing the assets:
- The extent of the contributions made by the interested parties in money, property or works towards acquiring the matrimonial asset or payment of expenses for the family’s benefit.
- Any debts owing by the deceased and the interested party which were contracted for their benefit.
- The extent of the contributions to the welfare of the family by looking after the home or caring for the family.
- The duration of the marriage.
- The needs of the children, if any, of the marriage.
- The rights of the interested party or parties under the Distribution Act 1958 if the deceased had not converted to Islam.
WCC Disclaimer: The above information is intended as a useful guide for women seeking a divorce. The Women’s Centre for Change accepts no liability for the content of this information, or for the consequences of any actions taken on the basis of the information provided. The user is solely responsible to act or not to act on the information given.