Inheritance Laws in Malaysia

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asked on Apr 2, 2001 at 18:50
by   Jackie Lim
My mom owns a house in Malaysia. She now lives with my dad in this house. My parents have 3 children. Presently none of the children live with my parents - all the 3 children own their own property and live in them.

However, one of the children (the eldest - my sister) is going to move into my parents house soon - together with her husband. There is no real reason for them to do this, as my parents are very capable to handle things on their own. I don't know what their motive is, but they have put it across to my parents that they want to save some money as they can rent out their property.

My question is: should my parents pass away, would all the 3 children have equal share to this property (parent's house)? Or would my sister, who may be living there until they pass away get sole (or most ) inheritance of the said property, as she was looking after them until they passed away? What legal right to the other 2 children have with regards to getting their share of the parent's property?

My mom does not have any will.
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6 Answers

answered on Apr 17, 2001 at 15:45
by   Michael
Let's say you are in west Malaysia or Sarawak. Under the Distribution Act, should your mum pass away leaving three children and your dad and no parents, your dad is entitled to 1/3 of the share and the three children 2/3. Children are entitled to the whole share if your mum pass away leaving only the three of you.

Whether that it in equal share, have to check the Distribution Act in details.

It is advisable for your mum to draw up a will in this case.
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answered on Apr 24, 2001 at 15:33
by   Surfer
Under the Distribution Act, the share is equal.

However, you sister may contest and that would depends on the merit of the case and the court.
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answered on Apr 25, 2001 at 12:58
by   be_informed
edited Oct 17, 2017 at 10:19

Retracting on Micheal's reply to your query, in the event that your mom passes away intestate (died without a legally binding last Will and testament) then her estate (all that she legally owns) shall be distributed as per the Malaysian law of
distribution that is Distribution Act 1958 (Amendment 1997).

Assuming that your mom passes away intestate leaving behind surviving husband and three surviving children, then 1/3 of her estate shall be given to her surviving husband and the remainder 2/3 shall be given to her surviving children in equal shares. Should any of her children predeceases her leaving behind surviving children of his/her own (your mom's grandchildren) then those children shall take the share what their parent would have taken if he/she had survived your mom.

Please that note that if your mom passes away also leaving behind surviving parent(s) of her own then the distribution of her estate is entirely different altogether.
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answered on Jun 14, 2001 at 15:15
by   Jackie Lim
Let's say that when my mom passes away:

1. My dad had already passes away much earlier.
2. My mom has no living parents.
3. The only survivors she has are her 3 children, of whom one (my sister and her husband) are living with her until the day she dies.

Could my sister them file for sole/most ownership of the house - since she was looking after mom?
Could I still inherit 1/3 part of the property?
Could I take a laywer then to fight a case - saying that my sister had saved on rental staying there - and there was no monetary assistance from them as mom was having good funds for her maintenance, so that I may still get my fair share of 1/3?
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answered on Jun 21, 2001 at 16:34
by   Anonymous
edited Oct 17, 2017 at 10:19
The Law on Intestacy has made it very clear and that is to say:
If your mother died intestate (no written Will) leaving behind three children, then her three children shall share her estate equally. Period.
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answered on Oct 1, 2017 at 06:20
by   Angelina
edited Oct 17, 2017 at 10:26
My dad just died and my eldest sister took away the house plan. I am not very clear about the will. Assuming I understand what my mum recently conversation, she said that my sister made my dad sign the house inherit to her. Supposing the house plan is under either only my mum name or both mum and dad's name. Now if my sister has my dad's signed his part for her. And left mum signature. Mum said she seems to con her sign some paper and she is not educated so she signed once thinking it's the house plan that was lost and renewed by my sister. She felt she was conned by her. The house insurance bill /tax sent a fine under dad's name and mum said she had to pay extra RM30 because bill was not settled on the date my dad passed away.

What can I do to claim the inheritance back if my mum wants to give it to me or another sister of mine?  My parents had 6 children altogether. My mums' parents still alive but never stayed together or in touch often. Thanks!
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