Inheritance (Family Provision) Act 1971 (Act 39) & Distribution Act 1958 (Act 300) and Order [As At 15th January 2022]

Inheritance (Family Provision)Act 1971 (Act 39)

Act 39 – An Act to amend the law relating to the disposition of estates of deceased persons and for other purposes connected therewith.

Act 300 – An Act relating to the law of distribution of intestate estates.

Detailed Contents Of Inheritance (Family Provision) Act 1971 (Act 39) :

The Inheritance (Family Provision) Act 1971 (Act 39) and the Distribution Act 1958 (Act 300) are laws in Malaysia that govern the distribution of a deceased person's estate.

The Inheritance (Family Provision) Act 1971 (Act 39) allows certain family members to claim a share of a deceased person's estate if they feel that they have not been adequately provided for in the deceased person's will or by intestacy laws. The Act applies to Muslims and non-Muslims and allows for claims to be made within six months of the grant of probate or letters of administration.

Under the Act, the court can make an order for the provision of maintenance or support to be paid out of the deceased person's estate to a spouse, child, parent, or any other person who was being wholly or partly maintained by the deceased person. The court will consider a variety of factors, including the financial needs and resources of the claimant and the other beneficiaries of the estate, the size and nature of the estate, and the deceased person's obligations and responsibilities towards the claimant.

The Distribution Act 1958 (Act 300) governs the distribution of a deceased person's estate in cases where there is no valid will or where the will does not dispose of all the assets. The Act applies only to non-Muslims and sets out a hierarchy of beneficiaries who are entitled to inherit from the deceased person's estate, starting with the surviving spouse and children, followed by parents, siblings, and more distant relatives.

Under the Act, the court can make an order for the distribution of the deceased person's estate if there is a dispute between the beneficiaries or if the executor or administrator of the estate is not fulfilling their duties. The court will consider the provisions of the will (if there is one), the needs and interests of the beneficiaries, and any other relevant factors in making its decision.

The Order [As At 15th January 2022] is a set of rules and procedures that have been established by the courts to guide the application of the Inheritance (Family Provision) Act 1971 (Act 39) and the Distribution Act 1958 (Act 300). The Order sets out the forms and procedures for making a claim under the Inheritance (Family Provision) Act, as well as the forms and procedures for applying for a grant of probate or letters of administration under the Distribution Act.

The Order also sets out the rules for the distribution of assets in cases where the beneficiaries cannot agree on how the estate should be divided, and provides guidance on the responsibilities and duties of executors and administrators of estates.

Overall, these laws and the accompanying Order provide a framework for the fair and equitable distribution of a deceased person's estate, taking into account the interests and needs of the deceased person's family members and other beneficiaries.

Inheritance (Family Provision) Act Contains:

Inheritance (Family Provision) Act 1971 (Act 39)
Distribution Act 1958 (Act 300)
Modification of Laws (Distribution Act 1958) (Extension to the State of Sarawak) Order 1986