WILLS, SUCCESSION & ESTATE ADMINISTRATION


 

LAWS OF INTESTACY APPLICABLE TO NON-MUSLIMS

 

 

Distribution (Amendment) Act, 1997, Malaysia
Section 6 (amended in August 31, 1997)
  INTESTATE LEAVING SURVIVING

    ENTITLEMENT

 
  Spouse only
(no parent(s) / issue)
_
Spouse - whole estate
 
  Spouse
Parent(s)
(no issue)
_
Spouse - half
Parent(s) - half
 
  Issue only (no parent(s)) _
Issue - whole estate
 
  Spouse
Issue
(no parent(s))
_
Spouse - one third
Issue - two thirds
 
  Issue
Parent(s)
(no spouse)
_
Issue - two thirds
Parent(s) - one third
 
  Spouse
Issue
Parent(s)
_
Spouse - 1/4
Issue - 1/2
Parent(s) - 1/4
 
  A person dies intestate leaving no spouse, no parent(s) and no issue, the following persons are entitled in accordance to priority:      
 
(a) brothers and sisters
(b) grandparents
(c) uncles and aunts
(d) great grandparents
(e) great granduncles and grandaunts
(f) Government
_
   In equal shares
   In equal shares
   In equal shares
   In equal shares
   In equal shares
   Whole estate
 
_
_
_
_
_

 

LAWS OF INTESTACY APPLICABLE TO MUSLIMS IN MALAYSIA (SYARIAH LAWS)

 

 

The Wills Act, 1959, Malaysia and the Wills Ordinance (Sabah) does not apply to Muslims.  Persons professing to the religion of Islam are governed by Islamic Laws (commonly known as Syariah Laws). Generally, the following are appliable:  
  Everything which is owned by a Muslim at the time of death (movable and immovable properties, jewellery, clothes, cash, loans given by the deceased and everything else, big or small) comes under the deceased's estate.  
  When a Muslim dies,
1. the first consideration is payment of funeral expenses for shrouding and burying the deceased.
2. Then, the deceased's debts are to be repaid according to merit.
3. After expenses and debts have been paid that the bequests can be taken into consideration.  This will be up to a third of the estate.  The remaining two thirds are distributed according to Syariah Law.
4. Bequests can be made to relatives, friends, people in need or public welfare, so long as the beneficiaries are not entitled to a fixed share under the Syariah Law.
5. A bequest can be made by a Muslim to a non-muslim, but not to anyone or anything that opposes Islam.
6. In the event that the deceased bequests more than a third of his estate, it can still be effected provided all who are entitled to a fixed share from the remaining two thirds of the estate agree to a corresponding reduction in their respective shares.
 
  The remaining two thirds - even though the beneficiaries' entitlement are fixed under Syariah Law, a Muslim is allowed to state in the Will that specific items to be given to certain relatives, provided the value of any such items does not exceed the value fixed by the Syariah.   Other beneficiaries' agreement must be given to a corresponding reduction in their shares if that item is worth more than allotted share.  
  If the deceased had no debts to pay, nor did he make any bequests, whatever estate he has after payment of funeral expenses will go to the beneficiaries according to entitlement under the Syariah Law.  
  If there are no beneficiaries or if all of them have predeceased the deceased, the estate will go automatically to the Baitulmal (a public fund maintained by Syariah Law).  
 

A Muslim may alter the prescribed shares during his/her lifetime by giving outright gifts or create a Trust.  

 

 

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