Who inherits without a will in Malaysia?

For non-Muslims the spouse takes one third and the children share two thirds. For Muslims the spouse takes an eighth (a wife) or a quarter (a husband), and the children take the rest, a son twice the share of a daughter.

For non-Muslims, with no children the spouse and the parents take half each; with no parents, the spouse takes everything. For Muslims, a wife takes a quarter and a husband a half, and the parents and siblings have fixed shares.

For non-Muslims: children first, then the parents, then the siblings, then more distant relatives. If there is no heir, the estate goes to the state.

An unmarried partner does not inherit.

Non-Muslims can freely will away the whole estate. A Muslim can freely will away only up to a third of the estate, and not to an heir.

Which law applies can depend on the person's religion and nationality, so a foreign estate needs advice in the country.

Malaysia belongs to the Religious (Islamic) law is a leading source family. Succession law grows out of the legal tradition, so it helps to know how the system works.

Read the Malaysia legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Malaysia? →

• Laws of Malaysia (Attorney General's Chambers)