- A non-Muslim's will must be in writing, signed by someone 18 or over, and witnessed by two people present at the same time.
- Never let a beneficiary (or their spouse) witness the will, or their gift fails.
- With no will, the Distribution Act 1958 fixes the shares, for example spouse 1/4, children 1/2, parents 1/4.
- Muslim estates follow faraid. A wasiat is generally limited to one-third. Ask the Syariah court.
- Estates up to RM5 million go to the JKPTG small estates unit, movable-only estates up to RM600,000 to Amanah Raya, and larger or will-based estates to the High Court.
Wills for non-Muslims: the Wills Act 1959
In Peninsular Malaysia, wills of non-Muslims are governed by the Wills Act 1959 (Akta Wasiat 1959). The Act does not apply to Muslims (s 2(2)). Sabah and Sarawak have their own rules, so check locally. A will (wasiat) is valid only if:
- the person making it (the testator, pewasiat) has reached the age of majority, 18 (s 4) and is of sound mind;
- it is in writing (s 5(1));
- it is signed at the end by the testator, or by someone else in the testator's presence and on their instruction (s 5(2));
- the signature is made or acknowledged in the presence of two or more witnesses present at the same time, who then sign in the testator's presence (s 5(2)).
Common pitfalls
- Do not let a beneficiary, or a beneficiary's spouse, witness the will. The will stays valid, but the gift to that witness (or spouse) is void (s 9).
- Marriage revokes a will (s 12), unless the will says it was made in contemplation of that particular marriage.
- Name an executor (wasi or pelaksana) you trust, and tell them where the original is kept.
- Review your will after major life events such as marriage, divorce, the birth of children, or buying property.
No will? The Distribution Act 1958 (non-Muslims)
If a non-Muslim dies without a will (intestate, tidak berwasiat), the Distribution Act 1958 decides who inherits, in Peninsular Malaysia and, since 1986, in Sarawak (with exceptions for natives of Sarawak). Sabah has a separate ordinance. Under section 6, after expenses:
| Surviving family | Who gets what |
|---|---|
| Spouse only (no children, no parents) | Spouse: all |
| Spouse + parent(s), no children | Spouse 1/2; parent(s) 1/2 |
| Children only | Children: all |
| Parent(s) only | Parent(s): all |
| Spouse + children, no parents | Spouse 1/3; children 2/3 |
| Children + parent(s), no spouse | Children 2/3; parent(s) 1/3 |
| Spouse + children + parent(s) | Spouse 1/4; children 1/2; parent(s) 1/4 |
"Children" includes the descendants of a child who has died. If there is no spouse, child or parent, the estate passes in order to brothers and sisters, then grandparents, then uncles and aunts, then great-grandparents, then great-grand-uncles and great-grand-aunts. If there is no one at all, the Government takes the estate (except land).
Muslims: faraid and wasiat
The estate of a Muslim is distributed under Islamic law (faraid), which fixes the shares of each heir. The state Syariah court can issue a faraid certificate (sijil faraid) confirming the heirs and their shares. Before distribution, debts, any valid wasiat or hibah, and any claim for jointly acquired property (harta sepencarian, decided by the Syariah court) are dealt with.
A Muslim may make a wasiat (will). Under the rules applied in Malaysia it is generally limited to one-third of the net estate, and a wasiat in favour of an heir generally needs the consent of the other heirs. State laws on Muslim wills differ, so ask the Syariah court or the state religious authority for the rules where you live. This page does not give religious rulings.
Where to apply: three routes
| Route | When | Handled by |
|---|---|---|
| Small estate (harta pusaka kecil) | Total estate (movable and immovable) not more than RM5 million, with no will under the Wills Act | The Estate Distribution Unit (Unit Pembahagian Pusaka) of the Department of the Director General of Lands and Mines (JKPTG), where the Land Administrator hears the case. Apply online through MyLand. |
| Summary administration | Movable property only (bank accounts, EPF, unit trusts, vehicles and so on), not more than RM600,000 | Amanah Raya Berhad (the public trustee) |
| High Court | Estates above RM5 million, or where there is a will (Wills Act) | The High Court: probate (probet) where there is a will; letters of administration (surat kuasa mentadbir) where there is none |
The Small Estates (Distribution) (Amendment) Act 2022 raised the small-estate limit to RM5 million and allowed estates made up only of movable property to be handled through this route.
The small estate process in brief
- An heir or other interested person files an application (through MyLand or at the unit), with the death certificate, the heirs' identity documents, land titles and proof of other assets.
- All heirs are given notice of a hearing before the Land Administrator. Heirs who cannot attend may give written consent on the prescribed form.
- The Land Administrator issues a distribution order (perintah pembahagian) or letters of administration, which heirs then present to the land office, banks, EPF, JPJ and others.
This process applies in Peninsular Malaysia. It does not apply in Sabah or Sarawak.
Practical tips
- Apply early. Delays make estates harder to settle, especially when heirs die in turn.
- Keep a list of assets and where the documents are.
- Nominations (for example for EPF and insurance or takaful) work differently from wills. Check how each nomination will be treated.
- Heirs who disagree can sometimes resolve matters by agreement at the hearing. Otherwise, get legal advice.
When to see a lawyer
See a lawyer to draft a will for a complex estate, to apply for probate or letters of administration in the High Court, or when heirs disagree. Muslims can consult a peguam syarie for faraid, hibah and harta sepencarian matters. See Getting legal help.
Laws cited on this page
| 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 →
Sources
- Wills Act 1959 (Act 346), ss 1-5, 9, 12 (text)
- Distribution Act 1958 (Act 300), s 6 (reprint incl. amendments to 2006)
- MyGovernment portal - Distribution of estates (RM5 million, RM600,000, routes)
- Skrine - Small Estates (Distribution) (Amendment) Act 2022
- JKPTG (Department of Director General of Lands and Mines)
- Amanah Raya Berhad
Related
Syariah courtsCourts and their powersFamily law: marriage, divorce, maintenance and custodyGetting legal helpHow a civil case runs