In Malaysia, the distribution of the residuary estate in the absence of a Will generally follows the distribution rules outlined in the Distribution Act 1958. The act provides a hierarchy of inheritance based on the surviving relatives of the deceased.
Here is a general overview of how the residuary estate may be distributed without a Will in Malaysia:
1. Spouse and children
If the deceased person is survived by a spouse and children. The surviving spouse is entitled to one-third of the estate, and the remaining two-thirds is distributed equally among the children.
2. Spouse only
If the deceased person is survived by a spouse but no children, the spouse is entitled to the entire residuary estate.
3. Children only
If the deceased person has no surviving spouse but has children, the estate is divided equally among the children.
4. Parents
If the deceased person is not survived by a spouse or children, the residuary estate may pass to the parents of the deceased in equal shares.
5. Siblings
If the deceased person is not survived by a spouse, children, or parents, the residuary estate may pass to the deceased person’s siblings in equal shares. The distribution hierarchy continues further to more distant relatives if there are no surviving spouses, children, parents, or siblings.