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DISTRIBUTION OF ESTATE UPON INTESTACY

 

WEST MALAYSIA AND SARAWAK

 

Distribution (Amendment) Act, 1997, Malaysia

Section 6 (amended in August 31, 1997)

 

 

INTESTATE LEAVING SURVIVING

    ENTITLEMENT

 

 

Spouse only
(no parent(s) / issue)

Spouse

- whole estate

 

 

Spouse
Parent(s)
(no issue)

Spouse

- 1/2

Parent(s)

- 1/2

 

 

Issue only (no parent(s))

Issue

- whole estate

 

 

Spouse
Issue
(no parent(s))

Spouse

- 1/3

Issue

- 2/3

 

 

Issue
Parent(s)
(no spouse)

Issue

- 2/3

Parent(s)

- 1/3

 

 

Spouse
Issue
Parent(s)

Spouse

- 1/4

Issue

- 1/2

Parent(s)

- 1/4

 

 

A person dies intestate leaving no spouse, no parent(s) and no issue, the following persons are entitled in accordance to priority:

 

(a) brothers and sisters In equal shares
(b) grandparents  In equal shares
(c) uncles and aunts  In equal shares
(d) great grandparents In equal shares
(e) great granduncles and grandaunts  In equal shares
(f)  Government     Entitle to the whole estate

 

Note  Issue includes children and the descendants of deceased children.
This Act only applies in West Malaysia and the State of Sarawak.
It does not apply to Muslims and the natives of Sarawak.

 

SABAH

Intestate Succession Ordinance, 1960, Malaysia

 

 

RULE

SITUATION

DISTRIBUTION

1.

Rule (1)

Intestate dies leaving a surviving spouse, no issue and no parent

Spouse entitled to the whole estate

2.

Rule (2)

Intestate dies leaving a surviving spouse and issue

Spouse entitled to 1/3 share of the estate

3.

Rule (3)

Subject to the rights of the surviving spouse

Issue entitled to 2/3 share of the estate

4.

Rule (4)

Intestate dies leaving a surviving spouse, no issue but parents

Spouse is entitled to all personal chattels and 1/2 share of the remaining estate

5.

Rule (5)

Subject to rights of the spouse, if there are no descendants, then parents are entitled

In equal shares of the remainder 1/2 share of the estate

6.

Rule (6)

If there are no surviving spouse, descendants or parents, the brothers and sisters are entitled

In equal shares of the whole estate

7.

Rule (7)

If there are no surviving spouse, descendants, parents, brothers or sisters, but grandparents

Grandparents take whole of estate in equal shares

8.

Rule (8)

If there are no surviving spouse, descendants, parents, brothers and sisters or their children or grandparents, but uncles and aunts of the intestate

Uncles and aunts take the whole of the estate in equal shares

9.

Rule (9)

In all other cases, the estate shall go to the next-of-kin in accordance with the table in the schedule

All next-of-kin sharing equally

10.

Rule (10)

In default of distribution under the Rules

The Government of Borneo is entitled to the whole estate

 

NOTE:

 

The preceding Act applies only in Sabah.  It does not apply to Muslims and the natives of Sabah.

 

 

 

"Personal chattels" means horses, stable furniture and effects (not used for business purposes), motor cares and accessories (not used for business purposes), garden effects, domestic animals, plate, plated articles, linen, china, glass, books, pictures, prints, furniture, jewellery, articles of household or personal use or ornament, musical and scientific instruments and apparatus, wines, liquors consumable stores, but does not include any chattels used at the death of the intestate for business purposes, nor money or securities for money.

 

 

 

Issue includes children and the descendants of deceased children.

 

SCHEDULE
Table of Consanguinity (Sabah)

 

Great-grandfather's
father (4)

 

 

 

 

 

 

 

 

 

gryrghtdwn.gif (213 bytes)

 

 

 

 

 

 

 

Great-
grandfather (3)

 

Great-
granduncle (5)

 

 

 

 

 

 

 

gryrghtdwn.gif (213 bytes)

 

 

 

 

 

 

 

Grandfather (2)

 

Granduncle (4)

 

 

 

 

 

 

 

gryrghtdwn.gif (213 bytes)

 

gryrghtdwn.gif (213 bytes)

 

 

 

 

 

Father (1)

 

Uncle (3)

 

Granduncle's
son (5)

 

 

 

 

 

gryrghtdwn.gif (213 bytes)

 

gryrghtdwn.gif (213 bytes)

 

gryrghtdwn.gif (213 bytes)

 

 

 

The intestate

 

Brother (2)

 

Cousin-
german (4)

 

2nd cousin (6)

 

 

Son (1)

 

 

gryrghtdwn.gif (213 bytes)

 

gryrghtdwn.gif (213 bytes)

 

 

 

Grandson (2)

 

 

 

Nephew (3)

 

Son of cousin-
german (5)

 

 

 

 

 

 

 

gryrghtdwn.gif (213 bytes)

 

gryrghtdwn.gif (213 bytes)

 

Great-grandson (3)

 

 

 

 

 

Son of nephew (4)

 

Grandson of cousin-german (6)

 

NOTE:

 

In this table, the degrees are shown up to the sixth.  Degrees beyond this can be ascertained by expanding the table.

 

 

 

To ascertain the degree of consanguinity, compute from the intestate to the common ancestor and down to the claimant, with each step forming one degree.

 

 

 

Cousin-german refers to a relative descended from a common ancestor.

 

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