International Inheritance Laws

You are currently viewing a revision titled "Malaysia ", saved on April 19, 2013 at 10:34 am by joe
Title
Malaysia
Content
  My assigned country for this assignment wasMalaysia. After doing some rigorous research I have found some information relating to the questions at hand. Citizens of Malaysia may make a will as long as they are at least Eighteen years of age and of sound mind. As stated in the source below: "The purpose of writing a will is for a person to leave behind a legacy for loved ones, and to ensure that they are well provided for in the unfortunate event of the testator’s passing. If a person dies intestate (without having written a valid will), then the provisions under theDistribution Act 1958 will apply unless he or she is a Muslim in West Malaysia and Sarawak or is a native of Sarawak. If the person is in the state of Sabah, then the Intestate Succession Ordinance 1960 will apply. Both the act and ordinance set out the manner of distribution of any property to specific beneficiaries, after all outstanding debts (including taxes) are paid. In addition, the provisions under the Inheritance (Family Provision) Act 1971 allow the courts to grant an order that the maintenance of certain categories of dependents shall be reasonably provided for where such dependents have not been provided for, or are inadequately provided for, under the testator’s will." (http://malaysia.angloinfo.com/money/pensions-wills/) In Malaysiayou are to make your own wills and does not require an attorney, however one is recommended. Here is a very simplistic website that I have come across for a Malaysian attorney that specializes in probate. The website  www.vitalwills.com gives you a very linear view onMalaysia law and how best to go about creating a will. The laws of intestacy forMalaysiaare as follows, If you die with a spouse and no issue and no parents, spouse gets 100%. If you die with no spouse, no parents and issue the issue gets 100%. If you die with no spouse, no issue, and have parents the parents get 100%. If you die with a spouse and parents they split 50% each. If you die with no parents but spouse and issue, spouse gets 1/3 and the issue gets 2/3. If you die with parents and issue but no spouse, parents get 1/3 and issue gets 2/3. And finally if you die with all three living parents, spouse, and issue then the parents and spouse get 50% each and the issue gets 50%. As you can see the Malaysian law heavily favors the issue. This information was readily available on the web, makes me think that perhaps many Malaysians die intestate?? http://www.ehomemakers.net/en/article.php?id=1655 http://vitalwills.com/ http://malaysia.angloinfo.com/money/pensions-wills/
Excerpt
Footnotes