Distribution Act -Sabah

DISTRIBUTION OF ESTATE UPON INTESTACY

SABAH

istribution (Amendment) Act, 1997, Malaysia

Section 6 (amended in August 31, 1997)

SABAH

Intestate Succession Ordinance, 1960, Malaysia

RULE SITUATION DISTRIBUTION
1. Rule (1) Intestate dies leaving a surviving spouse, no issue and no parent Spouse entitled to the whole estate
2. Rule (2) Intestate dies leaving a surviving spouse and issue Spouse entitled to 1/3 share of the estate
3. Rule (3) Subject to the rights of the surviving spouse Issue entitled to 2/3 share of the estate
4. Rule (4) Intestate dies leaving a surviving spouse, no issue but parents Spouse is entitled to all personal chattels and 1/2 share of the remaining estate
5. Rule (5) Subject to rights of the spouse, if there are no descendants, then parents are entitled In equal shares of the remainder 1/2 share of the estate
6. Rule (6) If there are no surviving spouse, descendants or parents, the brothers and sisters are entitled In equal shares of the whole estate
7. Rule (7) If there are no surviving spouse, descendants, parents, brothers or sisters, but grandparents Grandparents take whole of estate in equal shares
8. Rule (8) If there are no surviving spouse, descendants, parents, brothers and sisters or their children or grandparents, but uncles and aunts of the intestate Uncles and aunts take the whole of the estate in equal shares
9. Rule (9) In all other cases, the estate shall go to the next-of-kin in accordance with the table in the schedule All next-of-kin sharing equally
10. Rule (10) In default of distribution under the Rules The Government of Borneo is entitled to the whole estate

NOTE:

The preceding Act applies only in Sabah.  It does not apply to Muslims and the natives of Sabah.
“Personal chattels” means horses, stable furniture and effects (not used for business purposes), motor cares and accessories (not used for business purposes), garden effects, domestic animals, plate, plated articles, linen, china, glass, books, pictures, prints, furniture, jewellery, articles of household or personal use or ornament, musical and scientific instruments and apparatus, wines, liquors consumable stores, but does not include any chattels used at the death of the intestate for business purposes, nor money or securities for money.
Issue includes children and the descendants of deceased children.

 

SCHEDULE
Table of Consanguinity (Sabah)

Great-grandfather’s
father (4)
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Great-
grandfather (3)
Great-
granduncle (5)

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Grandfather (2) Granduncle (4)

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Father (1) Uncle (3) Granduncle’s
son (5)

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The intestate Brother (2) Cousin-
german (4)
2nd cousin (6)
Son (1)

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Grandson (2) Nephew (3) Son of cousin-
german (5)

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Great-grandson (3) Son of nephew (4) Grandson of cousin-german (6)

NOTE:

In this table, the degrees are shown up to the sixth.  Degrees beyond this can be ascertained by expanding the table.
To ascertain the degree of consanguinity, compute from the intestate to the common ancestor and down to the claimant, with each step forming one degree.
Cousin-german refers to a relative descended from a common ancestor.
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