Succession of Property on Intestacy

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.

Order of succession for death after 31.8.1997

Spouse but no issue or parent(s)

The spouse entitled to the whole of the estate.

Spouse and parent(s) but no issue

The spouse is entitled to 1/2 of the estate and the parent(s) entitled to the remaining 1/2.

Issue but no spouse, no parent(s)

Equally between issues and if any predecease the intestate leaving issue, such issue to take in equal shares if more than one the share which their parent would have taken.

Parent(s) but no spouse no issue

Surviving parent or parents entitled to the whole of the estate.

Spouse and issue but no parent(s)

Spouse entitled to 1/3 and the remaining 2/3 equally between the issues and if any predecease the intestate but leaving issue, such issue to take in equal shares if more than one the share which their parent would have taken.

Issue and parent(s) but no spouse

2/3 equally between issues and the remaining 1/3 to parent or parents. If any issue predeceases the intestate leaving issue, their issues share equally in that share.

Spouse, issue and parent(s)

Spouse entitled to 1/4, the issue 1/2 and parent or parents the remaining 1/4. If any issue predeceases the intestate leaving issue, their issues share equally in that share.

No spouse, no issue, parent(s)

• Then brothers and sisters
• Then grandparents
• Then aunts and uncles
• Then great grandparents
• Then on trust for great grand uncles and great grand aunts
• Government except in so far as the same consists of land.

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