039b.fm law REPRINT MALAYSIA PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with MALAYAN LAW JOURNAL SDN BHD and PERCETAKAN NASIONAL MALAYSIA BHD 39 Act 2006 ACT INHERITANCE (FAMILY PROVISION) Act 1971 Contains all amendments to 1 January 2006 039b.fm Page 1 Tuesday, March 28, 2006 8:46 AM PREPARED for PUBLICATION by the MALAYAN LAW JOURNAL SDN BHD and PRINTED by PERCETAKAN NASIONAL MALAYSIA BERHAD KUALA LUMPUR BRANCH INHERITANCE ACT (PROVISIONS 2006 2 Family) 1971 date of Assent......... August 30, 1971, the date of publication in the Gazette of ... ... more 2 September 1971 REPRINT BEFORE Reprinting the first......... 1993 Reprint the second......... 1999 039b.fm Page 2 Tuesday, March 28, 2006 8:46 AM 3 laws of MALAYSIA Act 39 of the ACT of INHERITANCE (PROVISION of FAMILY ARRANGEMENT of SECTIONS) 1971 section 1. Short title, commencement and application 2. Interpretation 3. Power of court to order the payment out of the net estate 4. The period in which the application must be made 5. Impact and the form of order 6. Variation of order 039b.fm Page 3 Tuesday, March 28, 2006 8:46 AM 039b.fm Page 4 Tuesday, March 28, 2006 8:46 AM 5 laws of MALAYSIA Act 39 of the ACT of INHERITANCE (FAMILY PROVISION) Act 1971 an act to amend the law relating to the transfer of the deceased's estate and for other purposes that apply to it.
[Throughout Malaysia — 1 January 1973, P.U. (B) 509/1972]
BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: short title, commencement and application 1. (1) this Act may be cited as the Act of inheritance (Family Provision) Act 1971 and shall come into force on such date as the Minister may, by notification in the Gazette, which cannot be earlier than the date the notification is published.
(2) this Act shall apply throughout Malaysia but cannot be used for the estate of a deceased Muslims or native of any State in Sabah and Sarawak who died.
Interpretation 2. In this Act, unless the context otherwise requires — "son" and "daughter" respectively include a boys or girls are taken to be adopted by the deceased under the provisions of any written law the hiring 039b.fm Page 5 Tuesday, March 28, 2006 8:46 AM 6 laws of Malaysia ACT 39 adoption in force at that time and also the son or daughter of the deceased who are still in the content on the date of death of the deceased;
"death duty" means the estate duty and any other duty that may be levied or paid on death;
"net estate" means all the property of a person deceased authority disposes of it with a will (other than with a special power of appointment) less total expenses of death, wills and administration expenses, debts and liabilities of the estate and the estate duty due from the property pusakanya when he dies;
"Court" means the High Court;
"Minister" means the Minister responsible for the administration of the estate;
"annual income" in respect of the net estate of the deceased person, means the income anticipated at the date of order will be obtained from the estate of the net in a given year when diperhasilkan;
"wills" includes kodisil.
Power of court to order the payment out of the net estate 3. (1) where, after the commencement of this Act, a person who is domiciled in Malaysia died leaving — (a) spouse; (b) unmarried daughter, or which, by reason of a disability of the brain or body, unable to bear living himself;
(c) the son is still small; or (d) a son who, by reason of a disability of the brain or body, unable to bear the maintenance itself, if on application by or on behalf of the wife, husband, daughter or son of the above (in this Act referred to as "dependants" of the deceased) the Court is of the opinion that the transfer of the deceased's estate made pursuant to 039b.fm Page 6 Tuesday , March 28, 2006 8:46 AM Inheritance (Family Provision) 7 his will, or according to the law relating to death not bequeath, or according to the will of the deceased as well as the law, may not be able to convene a reasonable provision for the dependants of maintenance, the Court may order a reasonable provisions as it deems fit by it held from the deceased's net estate for the maintenance of the dependants, subject to such conditions or restrictions , if any, as may be imposed by the Court: provided that an application cannot be made to the Court by or on behalf of any person j if the transfer of the deceased's estate as is mentioned earlier mengehakkan a husband or wife living received not less than two-thirds of the net estate income and if other dependants, if any only son of the spouse is still alive.
(2) the provision of a living to be made with an order, subject to the provisions of subsection (4), shall be made by way of periodic payments of income and such order shall make provisions so that payment is terminated not later than — (a) on a person's spouse, the date he remarried;
(b) on a person's unmarried daughter, or disability, the date he marry or date missing becomes severely disabled again stop, whichever date is later;
(c) about a small boy, the date he reaches age twenty-one years;
(d) the son of disability, date missing becomes severely disabled again stopped, or, of any such person, the date of her death.
(3) the amount of annual income that can be set by an order to be enforced at any one time to judge the deceased's dependants shall be as much as cannot, however, make the dependants is entitled, under the will of the deceased or under laws relating to the death not bequeath or the 039b.fm Page 7 Tuesday, March 28, 2006 8:46 AM 8 laws of Malaysia ACT 39 under the will of the deceased as well as the law was as varied by the order eke, in excess of the following breakdown of the annual income of the net estate of the deceased, that is to say — (a) if the deceased have left a spouse and one or several dependants, two-thirds; or (b) if the deceased does not leave a spouse, or there is leaving spouse and no other dependants, and a half.
(4) if the value of the net estate of the deceased is not more than forty-thousand dollars, Court authorities make an order for maintenance provide either full or in part, by way of a bulk payment.
(5) in determining whether, and how, and from the date when the provision of maintenance should be made by an order, the Court shall give consideration for the type of property which is the net estate of the deceased and the Court cannot order that made a provision the provisions of production may not be enough in the future in view of the importance of the dependants of the deceased and the interests of the person , if not for the order, shall be entitled to property that.
(6) the Court shall, upon an application made under this Act, the deliberation of any capital or income the past, now or in the future from any source for the dependants of the deceased intended by the application, about the behavior of the dependants of the deceased and otherwise, and of any matters or other matters it deems relevant or material by the Court in respect of dependants that , in view of the circumstances of the case of a person who has an interest on the estate of the deceased or other.
(7) the Court shall also, when an application is made, deliberation about the reasons, as far as can dipast fish, why s i die te lah to transfer the property with his will (if any), or why the deceased did not make any provisions or any more provisions, as the case may be, to a person's liabilities, and the Court may accept any evidence 039b.fm Page 8 Tuesday, March 28 , 2006 8:46 AM Inheritance (Family Provision) 9 she thinks enough about the reasons, including any statement in writing signed by the deceased and are dated, so that when assessing whether interest, if any, will be given to the statement of the Court shall give consideration of all the circumstances that can provide a reasonable conclusion about right or t idaknya the statement.
(8) the Court, when considering for the purpose of subsection (1) whether the transfer of the deceased's estate effected according to law relating to death not bequeath, or according to the will of the deceased as well as the law is reasonable, to make provision for dependants, living not bound to assume that the law relating to death not bequeath provide reasonable in all of the transfer of property.
The period in which the application must be made
4. (1) Except as provided by the following provisions of this section or in section 6, an order under this Act shall not be made unless the application is made within six months from the date of representation of the estate of the deceased is first taken.
(2) if it is proved to the satisfaction of the Court that the limit of the said six-month period may result in the eventual elimination of — (a) by reason of the found something the will involve changes to material about the transfer of the deceased's estate (whether involving the granting of further representation or not); or (b) by reason of a question whether a person has an interest on the estate, or the type of an interest on the estate, which has not yet been determined at the time the representation was first taken; or (c) by reason of a case of other circumstances affecting the administration or the estate, the Court may extend such period.
039b.fm Page 9 Tuesday, March 28, 2006 8:46 AM 10 laws of Malaysia ACT 39 (3) of this Act does not render personal representatives of the deceased liable legally because dividing any part of the estate of the deceased after the expiration of the six months on the ground that they should take into account the possibility of the Court's exercise of its powers to extend it, but this subsection shall apply without prejudice to any power to recover any part of the estate was divided so following the making of an order under this Act.
(4) for the purposes of section 30 and section 45 probate and Administration Act 1959 [Act 97], a deceased's dependants that application proposed to be made by him or on his behalf under this Act shall be deemed to be a person who has an interest on the estate of the deceased.
Locate and order form 5. (1) where an order made under this Act for all purposes, including for the purposes of the law relating to the duty of death, the will or the law relating to death not bequeath, shall become effective, and shall be deemed to have come into force from the date of death of the deceased, subject to any changes specified in the order for the purpose of implementing the provisions of alimony made by the order.
(2) the Court may give any directions arising as it thinks fit for the purpose of enforcing an order made under this Act, but there are parts that are greater than the net estate can be reserved or assigned to comply with, from the income of the estate, the provision of alimony made by the order, of which part of the date the order is enough to get out of the total income of the estate of such provision.
(3) a copy of each order for Office made under this Act shall be sent to the registry of the High Court to recorded and filed, and a memorandum of the order shall be entered or attached permanently in probate or letter of administration which administered the estate.
039b.fm Page 10 Tuesday, March 28, 2006 8:46 AM Inheritance (Family Provision) 11 variation of order 6. (1) upon an application made on a date after the expiration specified in subsection 4 (1) or, as the case may be, after the expiry of an extended under subsection 4 (2), the Court may make an order as hereinafter mentioned, but only in respect of property income at that date can be used to judge the deceased's dependants , that is to say — (a) an order to vary an order formerly on the ground that a material statement was not disclosed to the Court when the order is made or that a material change has occurred regarding the circumstances of the dependants or about the circumstances of a person who is entitled to benefit from the property according to the will or, as the case may be, in accordance with the law relating to death not bequeath; or (b) an order to provide maintenance for any dependents of the deceased to another.
(2) an application to the Court for an order under paragraph (1) (a) may be made by or on behalf of a person dependant of the deceased or by the Trustees of the property or by or on behalf of a person who is entitled to benefit from the property according to the will or, in accordance with the law relating to death not bequeath.
039b.fm Page 11 Tuesday, March 28, 2006 8:46 AM 12 laws of MALAYSIA Act 39 of the ACT of INHERITANCE (FAMILY PROVISION) Act 1971 LIST OF AMENDMENTS LIST SECTION AMENDED laws that amend the short title effect from the – no-section Power amend with effect from – no – 039b.fm Page 12 Tuesday, March 28, 2006 8:46 AM