AKTA PEMBAHAGIAN 1958 PDF

Federal Constitution (Modification. of Laws) (Ordinances and. Proclamations) Order Ord. 26/ Small Estates (Distribution). DISTRIBUTION ACT We are a law firm based at Kuala Lumpur, Malaysia specializing in various legal practice. Contact us at + for more. Distribution Act applies only for West Malaysia and Sarawak. Issue means children and descendants of children Parent(s) – natural mother or father of a.

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Finally it may be noted that section 6 2 of the principal Act has not been amended by Act A In the case where the deceased was a son, the parents were not entitled to any share where he left issue. Where he left no wife or issue, the parents were entitled to the whole estate. Before and after Act A, where an intestate man dies leaving parent or parents but no wife or issue, the whole of the estate will be inherited by his parent or parents.

Act A alters the law by giving the parent or parents one-quarter of the estate when previously they had no share at law. As a result of the currently in force section 6 1 aif the deceased husband leaves no issue or parent or parents, the surviving wife is pwmbahagian entitled to the whole of his estate.

How Your Estate is distributed under Distribution Act (Died intestate)

The following are entitled according to priority if you die without a Will and not leaving behind spouse, issue and parent s. Both before and after Act A, where a married intestate woman dies leaving a parent or parents but no surviving husband or issue, the whole of the estate will be inherited by her parent or parents.

Section of the Distribution Act before Act A Section 7 1 deals with the shares of the issue of an intestate. The remaining two-thirds went to his issue.

Journal of Malaysian and Comparative Law

It is commendable that the legislature has finally recognised that the distinction between the rights of intestate succession of a surviving husband and those of a surviving wife could no longer sustain in a aktaa era.

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Section 7 3 deals with the situation where a child or issue who survives the intestate but afterwards dies without attaining an absolutely vested interest.

It is hoped that this article will serve as a supplement to the above mentioned well researched and detailed work pembahagjan Associate Professors P Balan and Rafiah Salim as they then were. If the intestate dies leaving no issue but a spouse and a parent or parents, the surviving spouse shall be entitled to one-half of the estate and the parent or parents shall be entitled to the remaining one-half.

Pembahagiaan is obvious from what has been mentioned earlier, before Act A, the fact that an intestate married woman was survived pembahagina her issue or a parent or parents was irrelevant because the surviving husband was entitled to the whole of her estate.

What are the Characteristics of Your Will?

Needless to say, some of the changes have been long overdue. The present section 6 1 f of the principal Act provides as follows:.

As an illustration, suppose that A, who was unmarried, died leaving an uncle, B, as his sole living beneficiary. Part V briefly explains the scheme of statutory trusts under section 7 of the principal Act.

Akta Pembahagian 1958 (Disemak – 1983)

If any person so dying intestate be permitted by his personal law a plurality of wives and shall leave surviving him more wives than one, such wives shall share among them equally the share which the wife of the intestate would have been entitled to, had such intestate left one wife only surviving him.

D will be entitled to the remaining one-half in the form of trusts pebmahagian out in section 7 1. But in fact, there is an important pembahaglan in the law. The major changes brought about by Act A to the scheme of intestate distribution for non-Muslims are by the amendments to section 6 of the Distribution Act A died in In the case where the deceased was a daughter, the parents had no share in her estate unless she died without a husband or issue.

Under section 6, where an intestate has left issue but no spouse or parent, the issue are entitled to the whole estate. This is a significant change in the law.

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What is Customary Law? Both before and after Act A, where an intestate man dies leaving issue but no wife or parent or pembahgian, the whole of the estate will be inherited by his issue in the form of statutory trusts as set out in section 7.

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Where under the provisions of section 6, the estate of an intestate or any part thereof is directed to be held on the trusts set out in this section for the issue of the intestate, the same shall be held in trust in equal shares if more than one for all or any of the children or child of the intestate living at the death of the intestate, who attain the age of majority or marry under that age, and for all or any of the issue living at the death of pembanagian intestate, who attain the age of majority or marry under that age, of any child of the intestate who predeceases the intestate, such issue to take through all degrees according to ppembahagian stocks, in equal shares if more than one, the share which their parent would have taken if living at the death of the intestate, and so that no issue shall take whose parent is still living at the death of the intestate and so capable of taking.

This change, however, may not be wholly socially positive in all circumstances. Before Act A, the principal Act made a significant distinction between the rights of a surviving husband and those of a surviving wife of an intestate.

Join us on Facebook. After Act A, a parent or parents are entitled to a share of the estate of the intestate daughter or son so long as they survive their deceased child, regardless of whether the deceased had left a spouse or issue, or a spouse and issue, or no spouse and issue.