• If a Muslim deceased died testated, should the beneficiaries apply for the distribution of the estate?

    For a Muslim deceased regardless he/she died testated or intestated, the beneficiaries may file an application for distribution of the estate at the Small Estate Distribution Units or Land Offices where the  immovable property is situated subject to the total value not exceeding RM2 million.
  • What is the meaning of ‘will’?

    A will means the property bequeath by a testator while he is still alive to anyone or organization / institution, and it shall be enforced only after the testator dies.
    For muslims, it shall be inaccordance with specific Islamic rules, whereas for non-muslims they will be subjected to the Wills Act 1959.
  • Who can accept the will under Islamic law?

    A Muslim can bequeath his property to those who are not his beneficiaries according to Faraid. For example, the deceased bequeathed his property to adopted children, illegitimate children, and people with no blood relationship with the  testator or any organization permitted by Islamic rules.
  • How much can a Muslim dispose his property under a will?

    A muslim can only bequeath 1/3 of his property, the other 2/3 should be left to his lawful beneficiaries except in the case when all the beneficiaries agreed otherwise..
  • A deceased Muslim has an adopted child since childhood. His birth certicate recorded the deceased’s name as his father. Can he inherit the estate?

    A Muslim’s adopted child cannot inherit his adopted parents property even the adoptive’s father name is stated on his birth of certificate. If there is any dispute, this matter should be referred to the Syariah Court.
  • Is it permissible that buildings or parcels without strata title be given to benefeciaries?

    Buildings without strata title can not be transmitted to benefeciaries, only a Letter of Administration  can be granted. The transmission to the beneficiaries can only be implemented when the strata title is ready.
  • Can an non- Muslim  adopted child inherit their adopted parent's estate in case the adopted parents died ?

    Non- Muslim adopted child can inherit their adopted parents’ estates if their adoption was legally registered under the Adoption Act 1952 (Act 257).
  • If we lost the death certificate, where can we get the copy of it?

    An extraction of death certificate can be made at the National Registration Department. The information needed is the deceased’s name, their NRIC and date of death.
  • Does the Muslim nominee have the right to use all of the deceased's money in case he/she has been named as nominee for the Employee Provident Fund (EPF), insurance or Tabung Haji?

    No. The nominee who was appointed by the deceased is only entitled to withdraw the money in order to expedite the process.The Majlis Fatwa Kebangsaan has ruled that the nominee is the executor, who is responsible for distributing the money to  beneficiaries who are entitled according to Islamic law (Faraid).
     
  • Who can inherit the deceased’s estate?

    If the deceased is a Muslim, their heirs are as stipulated in Hukum Syarak (Faraid), sucah as father, mother, husband, wife, son, daughter, grandson, grand daughter and so forth. For non-Muslims, theirs heirs are as stated in the Distribution Act 1958,  such as  father, mother, husband, wife, children and issues.
  • Where can the Faraid Certificate (Sijil Faraid) be applied?

    Beneficiaries can apply for the Faraid Certificate at the Syariah Court.
  • Can a non-Muslim estate be inherited by Muslims?

    According to Mazhab Syafie, Muslims cannot inherit non- Muslim’s estate and vice versa. However, the distribution of  non-Muslim ‘s estate  is  subject to the distribution Act (Amendment) 1997-Act A1004 & Will Act 1959
  • Does an administrator appointed by the Land Administrator have a right to sell any land under his administration?

    No. However, the administrator may be permitted to sell the  under his administrations provided that permission is granted by  the Land Administrator or the High Court.
  • Besides the stipulated fees under the Regulations, is there any other fees imposed?

    Other charges that may be imposed is the duty of the estates where a death occurs prior to 1/11/1991. The amount is subject to the Estates Duty Act 1941. Death after this date is exempted from this duty.
  • What are the provisions used to settle the estate  of customary land?

    There are several provisions used to settle the distribution of customary land, such as Enakmen Pemegang Tanah Adat Bab 215 and Enakmen Pemegangan Adat (Tanah Lengkongan) 1960.
  • How to determine the estate duty?

    Estate duty is determined based  on the value of the assets of the deceased at the date of his death, excluding funeral expenses. The rates are stipulated under the Estates Duty Act 1941
  • What is a Husband-Wife Common Property (Harta Sepencarian)’?

    The husband-wife common property is  a property acquired by husband and wife during their marriage. The portion is not specified by syarak but can be determined by the Syariah Court based on the contribution of each party.
  • If the death was not registered, can it be proved by other documents?

    The applicant has to submit A Statutory Declaration as provided in the Statutory Declaration Act 1960 or obtain an order for presumption of death from the High Court if the deceased has been missing for more than seven (7) years.
  • Where the deceased succeded non-citizen beneficiary, does the beneficiary have a right on the deceased's estate?

    Non-citizen beneficiaries are not precluded from inheriting the deceased estate. However, for the purpose of registration of his name in the title, the case is subject to the approval of the State Authority
  • Why is it that the Land (Group Settlement Area) Act 1960 does not allow any transmission directly to the beneficiaries?

    The transmission under the Land (Group Settlement Area) Act 1960 is allowed but persuant  to Section 16 of the said Act, the transmission can only be made not to more than two beneficiaries.
  • What is the  right of a divorced wife on her ex-husband’s estate?

    The divorced wife is entitled to receive their  common property  during the marriage.
     
    If the wife is still in the idah period, she is entitled to inherit her ex-husband’s estate for 1/8 of the property if they have children, and if they do not have any children, she shall get ¼ of the property.
  • Who can attest the Letter of Consent in case the beneficiary lives abroad?

    The attestation can be done before the Notary Public in that particular country.
  • What action can be taken to resolve the distribution of the estate if there are any beneficiaries  missing or could not be traced?

    Lost beneficiaries could be advertised in newspapers. After a certain period, the hearing may be continued and the distribution will be made according to the Faraid in the case of Muslims or the Distribution Act 1958 for the non-Muslims. The administrator may also be appointed to administer the lost beneficiary’s portion. In  cases when order for sales is being issued, the proceeds of the sale of the missing beneficiary will be deposited in the Amanah Raya Berhad.
  • Are there any differences between Adat Pepatih and Islamic Law of Inheritance (Faraid) and to what extent it is applicable?

    There are differences between Adat Pepatih and Islamic Law of Inheritance (Faraid) with regards to the list of beneficiaries and their portions. However, Adat Pepatih  is only applicable in certain districts of Negeri Sembilan.
  • Which district in Negeri Sembilan and Malacca do practise the customary land?

    Most of the customary lands are situated in the districts of Jelebu, Rembau, Kuala Pilah, Jempol, Tampin and Gemas in Negeri Sembilan. While in Malacca, most customary lands are situated in the districts of Alor Gajah and Jasin.
  • If a non-Muslim died testated with the total value of the estate not exceeding RM2 millions, can his estate be distributed under the Small Estate Distribution Act 1955?

    As long as the non- Muslim dies testated, the distribution of his estate shall fall within the jurisdiction of the High Court regardless of its total value.
  • Does the Distribution Act 1958 clarify any portion given to the beneficiary who died before the deceased?

    There are no provisions which  state that the beneficiary who died before the deceased may inherit as the Act only mention for the surviving issues who are entitled to the deceased estate.
  • Who is entitled to the estate if a non-Muslim deceased has no heir?

    If the deceased did not leave a beneficiary, Section 6 (1) (j) of the Distribution Act 1958 provides that the property may revert to the government.
  • What are the matters that must be resolved before distributing the Muslim deceased's estate?

    There are three (3) things that must be resolved:


     i) the funeral expenses,

    ii) the debts of the deceased, and

    iii) the will.

  • Can a wife claim for a husband-wife common property of  her late husband’s estate?

    A wife can claim for  such property to the Syariah Court with evidence in support of her application. Her contribution in acquiring that property during the marriage would be taken into consideration as the basis in determining her share. As a result, the order granted by the Syariah Court will be applied in the distribution of the estate.
     

  • Despite being awarded the husband-wife common property, is a husband/wife still entitled for other right of inheritance?

    Although the husband/wife has been allocated with the portion of the  common property,  both of them are still entitled to inherit the remaining estate according to the Faraid  with other heirs.
  • Does  non-Muslim practise  the concept of  husband-wife common property?

    The concept of  husband-wife common property  does not exist in  non-Muslim’s practices, however there is a concept of matrimonial assets among non-Muslim couple where the property will be divided between husband and wife as soon as the marriage is being annulled but not after the death of one of them.
  • What is the right of an illegitimate child in Islamic Law of Inheritance?

    According to the Islamic Law of Inheritance, an illegitimate child can only inherit from his mother but not from his father.

  • What is a customary land?

    Customary land is a land gazetted under the Enakmen Pegangan Adat Bab 215 and Enakment Pegangan Adat (Tanah Lengkongan) 1960 , and it is inherited by a tribe (suku’). In the registration certificate ,the name of the suku is stated .Customery land is located in Negeri Sembilan and Melaka.
  • Does senile parent have rights on their childeren's estate?

    Yes. Even though both parents of the deceased are senile, they are still entitled to the deceased’s estate.
  • If all of the beneficiaries live far away from the deceased's estate, uninterested to that estate, or have the desire to sell the property, how can this be implemented?

    Beneficiaries may sell the estate provided that the Letter of Administration for an order for sale has been obtained
  • If a marriage is not registered in accordance with the Law Reform (Marriage and Divorced) Act 1976, is the widow/widower entitled to inherit one of them in the event of death?

    Any marriage solemnized under any law, religion, or custom prior to 01 March 1982 and is not registered, the marriage is deemed to be valid under the law and is eligible to inherit. For unregistered marriage solemnized after the date, the marriage is deemed to be invalid and therefore not eligible to inherit.
  • What is the rationale of the restriction for the Land (Group Settlement Area) Act 1960 (GSA) not to permit more than two beneficiaries's names on the title?

    The rational of the restriction is to achieve the spirit of the Act (GSA) which was to maximize revenue from agricultural activities.

  • A settler (the deceased) has made a will which is contrary to the restrictions under the Land (Group Settlement Area) Act 1960 (GSA). Can the will be executed?

    Any will that is contrary to the Act can not be implemented

  • A settler (the deceased) has made a will which is contrary to the restrictions under the Land (Group Settlement Area) Act 1960 (GSA). Can the will be executed?

    Any will that is contrary to the Act can not be implemented.
  • How could  movable estates such as vehicle, saving account and share be distributed?

    The movable and immovable estate can be distributed together during the small estate distribution hearing.