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| Legal Subjects > Estate Planning > Islamic and Customary Laws | |||||
Main Category Related Topics WHAT ARE THE PRINCIPLES OF INHERITANCE IN MALAYSIA UNDER THE ADAT TEMENGGONG ?Under the Adat Temenggong, a daughter is entitled to 1/2 of the entitlement of the son. Where there is no son, the daughter is entitled to half of the deceased's estate. Where the deceased has 2 daughters and no son, the daughters will be entitled to 2/3 of the estate in equal share. Where there are no children in the marriage, the wife or wives of the deceased will be entitled to 1/4 of the deceased estate. However, the wife or wives will be eligible to only 1/8 of the estate if there are children. Where the wife dies, the husband is entitled to 1/2 of the wife's estate if there are no children and to 1/4 of the estate if there are children. Where the deceased has children and parents, the parents will be entitled to 1/6 each of the deceased estate. WHAT ARE THE PRINCIPLES OF INHERITANCE IN MALAYSIA UNDER THE IBAN ADAT LAWS ?Under the Iban Adat Laws, as long as an individual remains a resident member of his or her "bilik" either by birth, adoption or marriage, that person possesses full and equal rights of inheritance. "Bilik" is a Malay word for "room" which is a family apartment in the Iban long-house. Where a man or woman dies as a member of his or her natal or adoptive "bilik", all property acquired is inherited equally by the surviving members of the "bilik" which consists of the parents, wife or husband, children and also any brother or sister and their spouses and the children who are still resident members. Where a man or woman dies as a member of the "bilik" into which he or she has married, all property acquired will remain in the "bilik" which includes parents-in-law, wife or husband and children, the husband or wife's siblings and their spouses and children who are resident members. Nevertheless, an Iban can make a Will and distribute absolutely the property acquired during the lifetime subject to certain properties which cannot Will away. However, a will contrary to the Dusun Adat Laws may remain valid if the headman or heirs consent to its provisions.
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