WILL THE GOVERNMENT SEIZE PROPERTIES OF THE DECEASED WITHOUT A WILL?!
As daunting as that may sound, but contrary to common belief, the short answer is … it rarely happens.
If the deceased owns property(ies) and other valuable assets and monies at the time of demise without a valid will, it is referred to as dying intestate. For the case of intestacies, distribution will be according to the Distribution Act.
In Malaysia, the Distribution Act 1958 provides as follow:
| If the Deceased dies leaving… | Parents Get… | Spouse Gets… | Issue Gets… |
| Parents only, but no spouse and issue | Whole Estate | - | - |
| Spouse only, but no parent and issue | - | Whole Estate | - |
| Issue only, but no Spouse and Parents | - | - | Whole Estate |
| Parents and Spouse, but no Issue | 1/2 | 1/2 | - |
| Spouse and Issue, but no Parents | - | 1/3 | 2/3 |
| Parents and Issue, but no Spouse | 1/3 | - | 2/3 |
| Parents, Spouse and Issue | 1/4 | 1/4 | 1/2 |
* Spouse means Legal Husband / Wife
* Issue means Children / Adopted Children under the Adoption Act 1952
If a person dies leaving no parents, spouse and issue, his/her estate will go to the following persons in order of priority in equal shares absolutely:-
(a) his brothers and sisters
(b) his grandparents
(c) his uncles and aunts
(d) his great grandparents
(e) his great granduncle and grandaunts
Only in the event that the deceased have none of the surviving ties as mentioned above, then will the Government be entitled to whole of the estate.