Succession determined by statute
In intestacy, the right of succession is determined by statute. The statute in West Malaysia and which applies to estates of non Muslims is the Distribution Act 1958 as amended by the Distribution (Amendment) Act 1997 – Sect 6.
To inherit on intestacy as a spouse, it is necessary for that person to have the status of a legally married husband or wife at the date of death (Goh Liew Kee v C Moosa Haji Abdullah [1993]AMR 215).
A person who is not legally married even if that person has been deceived into thinking that he or she is the lawful spouse of the other is not entitled to a share in the inheritance (Shaw v Shaw [1954]2 QB 429).
A person whose marriage has been dissolved by a decree absolute of divorce is not entitled to inherit on intestacy.
There can be plurality of wives if the intestate is permitted by his personal law but the wives share equally the share which the wife of the intestate entitled to, had the intestate left one wife surviving him.
Child means legitimate child and where the intestate is permitted by his personal law a plurality of wives includes a child by any such wives and child adopted under the Adoption Act 1952.
Parent means the natural mother or father of a child or lawful mother or father of a child under the Adoption Act 1952.
This preview is an excerpt from the following publication. this publication for access to all the commentary and precedents.
Wills - Step by Step Guide & Precedents
by By Lawyers For Lawyers author - C M Teng
Overview
This Wills Step-by-Step Legal Practice Guide and Precedents contains precedent wills and guidance for the following three situations:
- for a single testator
- for spouse to spouse, and then children; and
- using schedules for use in blended family and other more complex situations
As with all Step-by-Step Guides this guide takes you sequentially through a Wills matter from getting the matter underway and taking instructions, right through to finalisation.
A wide range of issues are discussed including testamentary capacity, revocation, executors, and estate duty. This guide includes a Library of Provisions.