Order of succession for death after 31.8.1997
Spouse but no issue or parent(s)
The spouse is 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) is entitled to the remaining 1/2.
Issue but no spouse, no parent(s)
Equally between issue 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 parent or parents the remaining 1/3. 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.
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.