Wills, intestacy and probate (non-Muslim estates)

Wills Act 1959; Distribution Act 1958; Probate and Administration Act 1959; Inheritance (Family Provision) Act 1971 · Acts 346, 300, 97 and 39
Akta Wasiat 1959; Akta Pembahagian 1958; Akta Probet dan Pentadbiran 1959; Akta Pewarisan (Peruntukan Keluarga) 1971
Applies to: Federal; the Wills Act and Distribution Act do not apply to Muslims, and Sabah and Sarawak have some separate rules · Official text ↗

Key points

A valid will must be in writing, signed at the end by a testator aged 18 or over, in the presence of two witnesses present at the same time (Wills Act ss 4, 5).
A beneficiary, or a beneficiary's spouse, should never witness the will: the gift to them becomes void (Wills Act s 9). Marriage revokes an earlier will (s 12).
With no will, the Distribution Act 1958 fixes the shares; for example spouse 1/3 and children 2/3 when there are no surviving parents (s 6).
Nobody can deal with the estate until they get authority: probate (with a will) or letters of administration (without), from the High Court, or an order from the Land Administrator or Amanah Raya for smaller estates.
Small estates up to RM5 million (no will) go to the Land Administrator; movable-only estates up to RM600,000 can go to Amanah Raya Berhad; the High Court handles the rest.
A spouse or dependent child left without reasonable provision may ask the High Court for maintenance from the estate, within 6 months of the grant (Inheritance (Family Provision) Act 1971 ss 3, 4).

The four laws and how they fit together

Law	What it does
Wills Act 1959 (Act 346)	How to make, alter and revoke a valid will. Does not apply to Muslims (s 2(2)).
Distribution Act 1958 (Act 300)	Who inherits, and in what shares, when a non-Muslim dies without a will (intestate, tidak berwasiat).
Probate and Administration Act 1959 (Act 97)	How the High Court appoints the people who administer the estate (executors and administrators) and what they must do.
Inheritance (Family Provision) Act 1971 (Act 39)	Lets close dependants ask the court for maintenance if the will or intestacy rules leave them without reasonable provision. Does not apply to Muslims or to natives of Sabah and Sarawak (s 1(2)).

Smaller estates are handled under the Small Estates (Distribution) Act 1955. For Muslims, faraid and Syariah rules apply instead; see Wills and estates.

Step 1: making a valid will

You must be 18 or older (s 4) and of sound mind.
The will must be in writing and signed at the end by you, or by someone else in your presence and at your direction (s 5).
You must sign, or acknowledge your signature, in front of two or more witnesses present at the same time, who then sign in your presence (s 5).
Witnesses: a gift to a witness or the witness's spouse is void, though the rest of the will stands (s 9).
Marriage revokes a will (s 12), unless it was expressly made in contemplation of that marriage. Make a new will after you marry.
Name an executor (wasi or pelaksana), and consider a substitute. Keep the original safe and tell the executor where it is.

Nominations under EPF, insurance or takaful policies are separate from your will. Check each nomination.

Step 2: no will? The Distribution Act 1958

If a non-Muslim dies intestate, the net estate (after funeral costs and debts) is shared under s 6:

Surviving family	Shares
Spouse only	Spouse: all
Spouse + parent(s), no children	Spouse 1/2; parent(s) 1/2
Spouse + children, no parents	Spouse 1/3; children 2/3
Spouse + children + parent(s)	Spouse 1/4; children 1/2; parent(s) 1/4
Children + parent(s), no spouse	Children 2/3; parent(s) 1/3
Children only	Children: all
Parent(s) only	Parent(s): all

'Children' includes the descendants of a child who died earlier. If there is no spouse, child or parent, the estate passes to brothers and sisters, then grandparents, then uncles and aunts, and so on. If there is no relative at all, it goes to the Government.

Step 3: getting authority to administer the estate

Banks, the land office and other bodies will not release assets until someone has legal authority. There are three routes:

Route	When	Who decides
Small estate	No will, total value up to RM5 million	Land Administrator (Estate Distribution Unit, JKPTG). See Small Estates (Distribution) Act 1955.
Summary administration	Movable property only (bank accounts, shares, vehicles and so on), up to RM600,000	Amanah Raya Berhad
High Court	There is a will, or the estate is above RM5 million	High Court: grant of probate (geran probet) to the executor named in the will, or letters of administration (surat kuasa mentadbir) where there is no will or no executor able to act

High Court rules under the Probate and Administration Act 1959:

Probate is granted to the executor appointed by the will (s 3). Representation cannot be granted to more than four people for the same property (s 4(1)).
If a beneficiary is a minor, or there is a life interest, administration must normally go to a trust corporation or at least two individuals (s 4(2)).
An executor may renounce (s 8). If an executor does not come forward, an interested person can cite them to accept or renounce (s 9).
On intestacy, administration is normally granted to one or more of the people entitled to the estate (s 30). Until then, the estate vests in Amanah Raya Berhad (s 39).
Administrators usually have to give an administration bond, normally with sureties, unless the court orders otherwise (s 35).

Step 4: the executor's or administrator's job

Collect the assets, and pay funeral and testamentary expenses and debts first (ss 44, 67 to 69).
Keep proper accounts and produce an inventory when required (s 62).
The personal representative may sell or deal with estate property to administer it (s 60).
They are not bound to distribute before one year from the death (s 77), the so-called executor's year, to allow claims to come in.
Then distribute according to the will or the Distribution Act, transferring land, shares and accounts to beneficiaries.

A personal representative who mismanages the estate can be removed by the court and made personally liable.

Step 5: family members left out

Under the Inheritance (Family Provision) Act 1971, the High Court may order reasonable maintenance out of the net estate if the will, intestacy rules, or both, do not make reasonable provision for any of these dependants (s 3(1)):

a wife or husband;
an unmarried daughter, or a daughter unable to maintain herself because of mental or physical disability;
an infant son;
a son unable to maintain himself because of mental or physical disability.

No claim may be made if the surviving spouse gets at least two-thirds of the income of the net estate and the only other dependants are that spouse's children (s 3(1) proviso). Maintenance is usually by periodic payments, ending for example on remarriage or when a son turns 21 (s 3(2)). The application must be made within six months of the first grant of probate or letters of administration, though the court can extend this in limited cases (s 4).

Laws cited on this page

Act 39	Inheritance (Family Provision) Act 1971 · Akta Pewarisan (Peruntukan Keluarga) 1971	Official text
Act 97	Probate and Administration Act 1959 · Akta Probet dan Pentadbiran 1959	Official text
Act 98	Small Estates (Distribution) Act 1955 · Akta Harta Pesaka Kecil (Pembahagian) 1955	Official text
Act 300	Distribution Act 1958 · Akta Pembahagian 1958	Official text
Act 346	Wills Act 1959 · Akta Wasiat 1959	Official text

Listed automatically from the federal Acts named on this page. All laws of Malaysia →

Key sections

Provision	What it says, in plain words
Wills Act s 2(2)	The Wills Act does not apply to Muslims.
Wills Act s 4	A testator must have reached the age of majority (18).
Wills Act s 5	Formalities: in writing, signed at the end, two witnesses present at the same time.
Wills Act s 9	Gift to an attesting witness or the witness's spouse is void.
Wills Act s 12	Marriage revokes a will unless made in contemplation of that marriage.
Distribution Act s 6	Shares on intestacy for spouse, children, parents and other relatives.
PAA s 3	Probate granted to the executor appointed by the will.
PAA s 4	No more than four representatives; at least two (or a trust corporation) where a minor or life interest is involved.
PAA s 30	Court's discretion over who gets letters of administration; normally those entitled to the residuary estate.
PAA s 35	Administrators normally give an administration bond with sureties.
PAA s 39	An intestate's property vests in Amanah Raya until administration is granted.
PAA s 77	No obligation to distribute before one year from death.
IFPA s 3	Court may order reasonable maintenance from the net estate for a spouse or dependent child.
IFPA s 4	Family provision claim within six months of the first grant of representation.

Worked examples

Example 1: Witness who was also a beneficiary

Facts. Mr Tan writes a will leaving his car to his nephew Daniel and the rest to his wife. Daniel and a neighbour sign as witnesses.

The law. The will is still valid if it meets s 5, but the gift to Daniel, an attesting witness, is void under Wills Act s 9.

Outcome. Daniel loses the car, which falls into the residue going to the wife. Always use independent witnesses who receive nothing under the will.

Example 2: Dying without a will

Facts. Ravi dies without a will, leaving his wife, two children and his elderly mother. His estate is a house worth RM900,000 and RM200,000 in savings.

The law. Distribution Act s 6: spouse, children and a parent survive, so the wife takes 1/4, the children 1/2 (shared equally) and the mother 1/4. There is no will and the total is under RM5 million, so the small estates route applies.

Outcome. The family applies to the Land Administrator through the Estate Distribution Unit for a distribution order. Heirs can agree among themselves how to split specific assets in line with those shares.

Example 3: Will leaves nothing to a disabled son

Facts. Mr Lim leaves his whole estate to a charity. His adult son Kevin has a serious disability and cannot work.

The law. Kevin is a son unable to maintain himself because of disability, so he is a dependant under Inheritance (Family Provision) Act s 3(1)(d). He must apply within six months of the grant of probate (s 4).

Outcome. The High Court may order reasonable maintenance for Kevin from the net estate, usually as periodic payments.

Example 4: Executor named in the will is overseas and silent

Facts. Mrs Wong names her brother, who lives abroad, as sole executor. He ignores the family's messages for months.

The law. An interested person may issue a citation calling on him to accept or renounce (PAA s 9). If he does not appear, he is deemed to have renounced, and administration with the will annexed can be granted to another suitable person, such as a beneficiary (ss 7, 30).

Outcome. A beneficiary instructs a lawyer to cite the executor in the High Court and then apply for letters of administration with the will annexed.

Examples are simplified illustrations with invented names; real cases turn on their own facts.

Questions & answers

Do I need a lawyer to make a will?

No. Any will that meets the Wills Act formalities is valid: in writing, signed at the end, and witnessed by two people present at the same time (s 5). A lawyer, trust company or Amanah Raya can help avoid mistakes, especially for larger or complicated estates.

Does getting married cancel my will?

Yes. Under Wills Act s 12, marriage revokes an earlier will, unless the will says it was made in contemplation of that particular marriage. Make a new will after you marry.

What is the difference between probate and letters of administration?

Probate is granted to the executor named in a valid will (PAA s 3). Letters of administration are granted when there is no will, or no executor willing or able to act, usually to the people entitled to the estate (s 30). Both give legal authority to collect and distribute the estate.

My father died without a will. Who inherits?

For non-Muslims, the Distribution Act 1958 s 6 decides. For example, a spouse and children with no surviving parents share 1/3 to the spouse and 2/3 to the children. If his parents are also alive, the split is spouse 1/4, children 1/2, parents 1/4.

How long does the executor have to distribute?

The law does not force distribution before one year from the death (PAA s 77). In practice, getting the grant and collecting assets often takes longer, especially for contested estates.

Where do I apply if the estate is small?

If there is no will and the total is RM5 million or less, apply to the Land Administrator (Estate Distribution Unit) under the Small Estates (Distribution) Act 1955. If it is movable property only, up to RM600,000, Amanah Raya Berhad can handle summary administration. Otherwise, apply to the High Court.

Can a stepchild or an unmarried partner claim?

Not as an heir under the Distribution Act, which follows blood, marriage and legal adoption. The family provision claim is also limited to a spouse and certain sons and daughters (IFPA s 3). A person in that position should make sure a will provides for them.

All questions & answers → · Ask your own →

This page explains the general position in Malaysia (last reviewed October 2026). It is not legal advice — check the current law and get advice on your own facts.

Sources

Wills and estates Small Estates (Distribution) Act 1955 (Act 98)Law Reform (Marriage and Divorce) Act 1976 Courts and their powers How a civil case runs Getting legal help