Federal Constitution (Modification. of Laws) (Ordinances and. Proclamations) Order Ord. 26/ Small Estates (Distribution). DISTRIBUTION ACT We are a law firm based at Kuala Lumpur, Malaysia specializing in various legal practice. Contact us at + for more. Distribution Act applies only for West Malaysia and Sarawak. Issue means children and descendants of children Parent(s) – natural mother or father of a.

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This provision maintains the law before Act A As stated above, before the enforcement of Act A, the surviving kata of an intestate married woman was entitled to the whole of her estate such that her surviving parent or parents were not entitled to any share of the estate. It is now irrelevant that the deceased has left brothers or sisters or grandparents. Where under the provisions of pembahafian 6 the estate of an intestate or any part thereof is directed to be held on the trusts set out in this section for any class of relatives of the deceased other than the issue of the intestate, the same shall be held on trusts corresponding to the trusts set out in subsection 1 of this section for the issue of the intestate as if such trusts were repeated with the substitution of references to the members or member of that class for references to the children or child of akt intestate.

Why Should You do Estate Planning?

Section of the Distribution Act as amended. If an intestate dies leaving a spouse and issue but no parent or parentsthe surviving spouse shall be entitled to one-third of the estate and the issue the remaining two-thirds. Section 6 Amended in August 31, The significant point was that a parent or parents of the deceased had no right to inherit any part of his estate if he was survived by a wife and issue. If the intestate dies leaving no issue but a spouse and a parent or parents, the surviving spouse shall be entitled to one-half of the estate and the parent or parents shall be entitled to the remaining one-half.

What is Estate and Estate Planning? What are the choices of distribution in a Wasiyyah? What pebahagian the Executor duties? This article has attempted to highlight the key changes brought about by Act A to the scheme of distribution for non-Muslims by the amendments to section 6 of the Distribution Act Thus the estate of a married woman, who had accumulated a considerable amount of property for her children, would be inherited by her husband, unless she had prior to her death made testamentary or inter vivos gifts to the children or created trusts of her property in their favour.


A was survived by a brother B. Part V briefly explains the scheme of statutory trusts under section 7 of the principal Act. Pembahagin Set Up A Trust?

In this respect, pembwhagian scheme of the trusts affecting the shares of issue is similarly applied. As a result of the new provision, his brothers and sisters are no pembanagian entitled to a share of his estate. After the introduction in Part I, Part II discusses the changes in the scheme of intestate distribution where a woman dies intestate. What if a Muslim Dies Without a Will?

Act A has also significantly improved the rights of the parents of an intestate deceased, whether the deceased is a son or a daughter.

Journal of Malaysian and Comparative Law

If any aita so dying intestate be permitted by his personal law a plurality of wives and shall leave surviving him more wives than one, such wives shall share among them equally the share which the wife of the intestate would have been entitled to, had such intestate left one wife only surviving him.

Section 7 1 further provides for the preservation of the interest of a child who, though predeceases the intestate, has left issue. As has been pointed out earlier, the principal Act, as amended by Act A, makes no distinction between the rights of a surviving husband and those of a surviving wife.

Spouse and Parent s. The above table only shows the entitlement of the three main categories of beneficiaries, namely spouse, issue and parents.

Akta Pembahagian – Panickar Balan – Google Books

Again, there is no change in the pembahagiam. Who can Vary Your Will? Section 7 3 deals with the situation where a child or issue who survives the intestate but afterwards dies without attaining an absolutely vested interest.


This is a significant new development. The children, who previously obtained no share, are now entitled to one-half. In this instance, Act A makes no change to the rights of the parents of a deceased married man and the legal position under the principal Act before Act A is maintained. If an intestate dies leaving a spouse and issue but no parent or parents, the surviving spouse shall be entitled to one-third of the estate and the issue the remaining two-thirds.

The new provision only applies if the deceased has left no parent or parents. It is commendable that the legislature has finally recognised that the distinction between the rights of intestate succession of a surviving husband and those of a surviving wife could no longer sustain in a modern era.

The surviving parent or parents, who previously were entitled to nothing, are now entitled to the remaining one-quarter.

Akta Pembahagian 1958 (Disemak – 1983)

What is Customary Law? Finally, for easy and quick reference, the writers have prepared as an appendix to this article tables which set out in summary, in relation to intestate distribution pemvahagian deceased married men and women, the intestate distribution entitlement of three main categories of beneficiaries, namely spouse, pembxhagian and parents, both in respect of the law before and after the enforcement of Act A This is a recognition of the fact that many parents are dependent on their children for some support.

What are the Advantages of a Will Wasiyyah? The relevant new provision is paragraph f of section 6 1 of the principal Act, which provides as follows:. Cases of bona vacantiahowever, are rare because of the application of the statutory trusts in section 7.

It is hoped that this article will serve as a supplement to the above mentioned well researched and detailed work of Associate Professors P Balan and Rafiah Salim as they then were. This change, however, may not be wholly socially positive in all circumstances.