In Malaysia, the distribution of the estate of a person who died intestate (without a valid will) is governed by the Distribution Act 1958 (Revised 1983). Pursuant to Section 6 of the Distribution Act, the distribution of the estate is based on the following:-
Sub-Section | Surviving beneficiaries | Share of estate |
a) | Spouse | Whole estate |
b) | Spouse | 1/2 |
Parent | 1/2 | |
c) | Children only | Whole estate |
d) | Parent only | Whole estate |
e) | Spouse | 1/3 |
Children | 2/3 (equally divided) | |
f) | Children | 2/3 |
Parent | 1/3 | |
g) | Spouse | 1/4 |
Children | 1/2 (equally divided) | |
Parent | 1/4 |
Section 6(i) of the Distribution Act states that if the deceased person dies leaving no spouse, children and parent, the whole of his or her estate shall be held on trusts for the following persons living at his or her death and in the following order, namely:-
Order of Priority | Surviving beneficiary |
1. | Siblings |
2. | Grandparent |
3. | Uncles and aunties |
4. | Great grandparent |
5. | Great grand uncles and great grand aunts |