General Inheritance Questions
Succession law governs how a person’s estate is passed on after their death. It ensures that the estate is distributed fairly and legally to the rightful beneficiaries or heirs.
- Testate succession: When a person dies with a valid will, their estate is distributed according to the will.
- Intestate succession: When a person dies without a will, the estate is distributed according to the law.
- Refer Distribution Act 1958 for non-Muslims
- Faraid for Muslims.
Non-Muslims: Spouse, children, parents, and sometimes siblings or grandparents can inherit.
Refer Distribution Act 1958.
- Muslims: Only certain relatives are entitled under Faraid,(blood relatives) including spouse, children, parents, as specified under Islamic law.
- Muslims: The estate is distributed based on Faraid, where specific shares are given to heirs like spouse, children, and parents according to Islamic law
- Non-Muslims: The estate will be distributed according to Section 6 Distribution Act 1958, based on fixed percentages to the spouse, children, and parents.
Wills & Testate Succession
- Be made by a sane, adult Muslim (Baligh & Aqil)
- Be made voluntarily without coercion,
- Only dispose of up to 1/3 of the estate, unless all heirs consent to more,
- Not benefit an heir (unless all other heirs agree),
- Be made with sound mind at the time of writing,
- Have clear identification of the property and beneficiary.
Yes, you can write your own will. However, to ensure its validity and compliance with Islamic law, it’s advisable to consult a qualified lawyer or a certified Islamic estate planner. This helps prevent potential disputes and ensures the will is executed according to your intentions.
- A new will revokes the old one. A will may be revoked by destroying it or expressing intention in writing.
- Reference: Wills Act 1959, Sections 12–14
- The most recent valid will prevails. Older wills are revoked unless explicitly stated otherwise.
- Reference: Wills Act 1959, Section 13
Yes, especially on grounds of:
- Lack of testamentary capacity
- Undue influence or fraud
- Improper execution
- Person appointed in the will to administer the estate.
Duties: Apply for probate, pay debts, distribute assets. - Reference: Probate and Administration Act 1959
Typically 6 months to a year, but can vary depending on complexity.
Intestate Succession (No Will)
- Estate is distributed as per Distribution Act 1958 for non-Muslims, or Faraid for Muslims.
- Distribution Act 1958 – Section 6(1)
- Non-Muslims: Spouse, children, parents, etc. under Section 6 of the Act.
- Muslims: Only those entitled under Faraid.
- Non-Muslims: Fixed shares in Distribution Act 1958
- Muslims: Shares fixed in Faraid chart
No, the estate must be divided according to law. For non muslim refer to:
Reference: Distribution Act 1958, Section 6
- Non-Muslims: Yes, if legally adopted.
- Muslims: No, under Faraid, adopted children do not inherit automatically. A gift (hibah) or will (wasiyyah) may be used instead.
- Non-Muslims: Yes, from mother only (under Evidence Act 1950, Section 112 exceptions).
- Muslims: Generally, no under Islamic law
Muslim vs. Non-Muslim Succession
- Civil law: Equal rights for children, fixed rules under statute.
- Distribution Act 1958
- Syariah law: Faraid distribution, unequal shares based on gender and relationship.
Based on specific Faraid shares to heirs like spouse, children, parents.
Yes, but only 1/3 of the estate can be disposed of via will unless heirs consent.
-Reference: Islamic Law (Wasiyyah)
No, based on Islamic principle: a non-Muslim cannot inherit from a Muslim.
Estate Administration & Probate
- Resolving disputes
- Granting probate or letters of administration
- Ensuring lawful distribution
- Grant of Probate: Issued when there’s a will.
- Letters of Administration: Issued when no will exists.
- File at the High Court or Amanah Raya (if estate < RM600,000).
- Submit death certificate, will, asset details, etc.
Government trustee handling estate administration, especially for small estates.
Beneficiaries may apply to court for replacement.
–Reference: Probate and Administration Act 1959
6 months to several years depending on complexity and disputes.
Debts, Taxes & Legal Issues
- Debts are paid from the estate before distribution.
- Reference: Probate and Administration Act 1959, Section 36
No inheritance tax in Malaysia since 1991.
Their share is redistributed among other heirs according to applicable laws.
No, estate must go through probate or letters of administration first.
Beneficiaries can apply to court to remove the executor and claim damages.