What happens if you die without a valid Will?

If you die without a valid Will, you die “intestate”. Intestate succession takes time and costs money. In Malaysia, the Distribution Act 1958 determines who gets what if you are a non-Muslim and die without a Will. [ In the state of Sabah, the Intestate Succession Ordinance 1960 applies.]

You have no say or control over who gets what. 

Under the Distribution Act 1958, your property will be distributed among your family members according to a set formula, depending on who you leave behind.

1. If you die without parents, but with a spouse and issue (children), your spouse will receive one-third of your estate and your issue two-thirds.

2. If you die with a spouse, children and descendants (called issue), and parents, your issue will get half of your estate, and the other half will be split equally between your spouse and your parents.

3. If you leave no issue, but a spouse and parents, your estate will be divided half-half.

4. If you leave no spouse, but parents and issue, your issue will receive two-thirds and your parents one-third.

5. If you leave only a spouse, or only issue, or only parents, they will receive the whole estate.

6. If you die without a spouse, parents, or issue, your estate will go to siblings, grandparents, or uncles and aunts in equal shares.

7. If you leave no one behind, your entire estate will go to the government.

Intestate succession might not be the same as your wishes or your families’ needs.

Hence, writing a Will is necessary to ensure that your wishes for your loved ones and your property are executed after your death. It is important to remember that your Will becomes invalid or void if you get married or re-married. You will need to prepare a new Will unless you have specifically stated that your Will is “in contemplation of marriage”.

The same applies if you convert to the Islamic faith because the distribution of your assets will then be done in accordance with the Islamic law of inheritance.