Rights of inheritance
In intestacy, the right of inheritance 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 intestate be permitted is entitled to, had the intestate left one wife surviving him.
Child means legitimate child and where the intestate is permitted by his personal law to a plurality of wives includes a child by any such wives and a 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.
Letters of Administration - Step by Step Guide & Precedents
by By Lawyers For Lawyers author - C M Teng
Overview
This step by step guide navigates through the substantive law governing the process of obtaining letters of administration in Western Malaysia.
The guide will ensure compliance with the Probate and Administration Act 1959 as well as the procedural law as set out in the Rules of the High Court 1980.
The guide includes sections to help with;
- Getting the matter underway: Including sections on executors, beneficiaries, estate taxes, missing will and certificate precedents as well as guidance on whether a Grant of Probate is needed or Letters of Administration?
- Special grants in limited situations
- Initial letters to asset holders requesting information
- Administration on intestacy
- Letters of administration
- Reseal of letters of administration
- Applications for Executor and Administrator Commission
- Finalising the matter: Including appointment of solicitors, transfer and sale of immovable properties.
This publication will benefit both experienced practitioners and junior lawyers as it is conclusive, practical and easy to use.