See how a non-Muslim's estate is shared when there is no will, under the Distribution Act 1958.
Net estate to distribute
RM 700,000.00
Under the Distribution Act 1958
Net estate to distribute: RM 700,000.00
This is what happens with no will. A will lets you decide instead, and there is no estate duty in Malaysia. Muslim estates follow faraid: use the Faraid calculator. The Act also does not cover natives of Sabah and Sarawak, whose estates can follow native customary law.
RM700,000 net estate: spouse, 2 children, 1 parent
Shares of 1/4, 1/2 and 1/4 under the Distribution Act 1958.
Spouse RM175k, children RM175k each, parent RM175k
Spouse and children, no parents
Children share equally.
Spouse 1/3, children 2/3
How the figures above are worked out — the rules, rates and reasoning behind every line.
If a non-Muslim dies without a will, the Distribution Act 1958 decides who inherits. The shares depend on whether a spouse, children and parents survive.
Muslim estates follow faraid instead, which the Faraid calculator covers. Malaysia has no estate duty: it was abolished in 1991.
Spouse, children and parents: 1/4 to the spouse, 1/2 to the children, 1/4 to the parents.
Spouse and children: 1/3 to the spouse, 2/3 to the children.
Spouse and parents: 1/2 each.
Children and parents, no spouse: 2/3 to the children, 1/3 to the parents.
Only one group surviving: they take everything.
A will lets you choose who inherits, name an executor and guardians for young children, and usually makes administering the estate faster.
Not if you have nominated someone with KWSP: it goes straight to your nominees. Without a nomination it forms part of your estate.
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