Key Points:

• Without a will, inheritance is distributed based on Malaysia’s Distribution Act 1958.

• The court appoints an administrator, which may cause delays.

• Family disputes are more likely when there is no clear legal document.

• Having a will ensures your assets are distributed according to your wishes.

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Many Malaysians do not have a will, assuming that their assets will automatically go to their spouse or children. However, dying intestate (without a will) means the estate is distributed according to the Distribution Act 1958, which may not align with your wishes.

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For example, if a married individual passes away without a will, their estate is distributed as follows:

• 1/4 to the spouse

• 1/4 to parents (if alive)

• 1/2 to children

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If there are no living parents, the spouse gets 1/3, while children receive 2/3. If there are no children, the estate is split between the spouse and parents. This standard distribution may not reflect the deceased’s actual intentions, leading to family disputes and legal complications.

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Additionally, an administrator must be appointed by the court to handle the estate, which can cause significant delays. Having a properly drafted will ensures that your assets are given to the right people without legal complications.