How To Inherit Assets in Malaysia for Non-Muslim

How To Inherit Assets in Malaysia for Non-Muslim

If you’re a non-Muslim living in Malaysia, understanding your inheritance rights and how to secure your property from your loved ones is crucial. This article simplifies the process, highlighting the benefits of writing a will and guiding you through obtaining probate or a letter of administration.

Inheritance Law for Non-Muslim in Malaysia

As a non-Muslim, your inheritance is governed by the Distribution Act 1958, which follows the principles of intestacy. This means, if you die without a will, your possessions will be distributed to your surviving family members as outlined by the law and this may not be your intention.

Why a Will is Your Best Friend

A will empowers you to choose your beneficiaries and dictate how your assets are distributed. Here are few benefits of writing your Will:

• Clarity and Control: Clearly state your wishes, ensuring your desired distribution plan is followed.
• Peace of Mind: Knowing your loved ones are taken care of provides immense comfort.
• Reduced Conflict: A will minimizes the potential for disputes among beneficiaries.
• Flexibility: Allows you to appoint guardians for minor children, specify charitable donations, and even express special wishes.

What is Probate vs. Letter of Administration in Malaysia?

Once you pass away, your loved ones need legal authorization to access your assets. This involves obtaining either probate or a letter of administration before they can have access or inherit the assets under the law in Malaysia.

• Probate: If you have a valid will, your beneficiaries require a Grant of Probate, issued by the High Court, to legally manage your estate.
• Letter of Administration: If you die without a will, your next of kin can apply for a Letter of Administration, granting them the authority to handle your estate according to intestacy law.

The Probate Process Simplified

1. Consult a Lawyer: They will interpret your will, identify beneficiaries, and advise on the appropriate next course of action.
2. Gather Documents: Prepare copies of the deceased’s will, identification documents, property deeds, bank statements, and other relevant financial records.
3. File for Probate: Your lawyer will submit the application for Grant of Probate to the High Court, along with the required documents and fees.
4. Estate Administration: Once granted, your beneficiaries or appointed executor will administer the estate, paying off debts, taxes, and distributing assets according to the will.

Letter of Administration

The process for obtaining a Letter of Administration is similar, but involves additional steps and generally requires a longer time due to legal complications:

1. Application: The next of kin submits an application to the High Court, along with supporting documents like proof of kinship and the deceased’s death certificate.
2. Bond and Security: The applicant may be required to provide a bond to guarantee proper administration of the estate.
3. Estate Administration: Similar to probate, the appointed administrator manages the estate, but the distribution follows the Malaysian Distribution Act 1958.

What Else You Need to Know

• Probate processes can be time-consuming and costly, so starting early with a will is recommended.
• Seek professional legal advice throughout the process to ensure smooth administration and avoid complications.

This article provides a general overview and should not be taken as legal advice. Always consult a qualified estate planning lawyer to discuss your specific circumstances and ensure you’re taking the right steps to secure your assets and your loved ones’ future.

Get Free Advice & Quote From Our Estate Planning Lawyer In Less Than 2 Working Hours Now via WhatsApp