The distribution of the movable property of a person deceased shall be regulated by the law of the country in which he was domiciled at the time of his death.
For example if it was found a person is a Malaysian domicile and he dies intestate, the law which is applicable for distributing his movables will be the Distribution Act.
The distribution of the immovable property located in Malaysia of a person deceased intestate shall be regulated by this Act wherever he may be domiciled at the time of his death.
For example, a person with an Australian domicile dies intestate leaving a piece of land in Malaysia, that piece of land will be distributed in accordance with the Distribution Act.
INTESTATE LEAVING SURVIVING | A ENTITLEMENT |
---|---|
Spouse Only (No Parent / Issue) | Spouse - Whole Estate |
Spouse & Parent(s) (No Issue) | Spouse - 1/2 share Parent(s) - 1/2 share |
Issue Only (No Spouse / Parents) | Issue - Whole Estate |
Parent(s) Only (No Spouse / Issue ) | Parent(s) - Whole Estate |
Spouse & Issue (No Parent) | Spouse 1/3 share Issue 2/3 share |
Parent(s) & Issue (No Spouse) | Parent(s) 1/3 share Issue 2/3 share |
Spouse, Parent(s) & Issue | Spouse 1/4 share Parent(s) 1/4 share Issue 1/2 share |
The following person(s) are entitled accordance to priority when an intestate dies without leaving surviving spouse, children and parents:-
RULES | SITUATION | DISTRIBUTION |
---|---|---|
Spouse only (no parent/issue) | Spouse - whole estate | |
Issue only (no parent/spouse) | Issue - whole estate | |
Parent(s) only (no spouse/issue) | Parent(s) - whole estate | |
Spouse & Parent(s) (no issue) | Spouse - 1/2 & All Personal Chattels Parent(s) - 1/2 |
|
Spouse & Issue | Spouse - 1/3 Issue - 2/3 | |
Parent(s) & Issue (no spouse) | Parent(s) - Nil Issue - whole estate |
|
Parent(s), Spouse & Issue | Parent(s) - Nil Spouse - 1/3 Issue - 2/3 |
|
If no surviving spouse, no descendants, nor parents, but leaving brothers and sisters | Whole estate to brothers and sisters equally | |
If no surviving spouse, descendants, parents, brothers and sisters but leaving grandparents. | Whole estate to grandparents equally | |
If no surviving spouse, descendants, parents, brothers and sisters or their children or grandparents but uncles and aunts of the intestate | Whole estate to uncles and aunts equally | |
In all other cases, the estate shall go to the next-of-kin in accordance with the table in the Schedule | Whole estate to next-of-kin equally | |
In defaults of distribution under the Rules | Whole estate to Government of Borneo |