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WHAT ARE THE PRINCIPLES OF INHERITANCE IN MALAYSIA UNDER THE DUSUN ADAT LAWS ?

The property of a Dusun acquired before marriage also known as "pusaka" always remain in the family and never pass from husband to wife or vice versa.

Where there is no children in the marriage, the husband's or the wife's pusaka will devolve to his or her nearest blood relation.

The priority for classes of heirs under the Dusun Adat Laws are as follows :

• children or their descendants
• brothers and sisters of their descendants
• parents
• collateral of parents or their descendants
• grandparents
• collateral or grandparents or their descendants.

Under Section 1(3) Will Ordinance (Sabah), a Dusun native can draw up a Will but it must not be contrary to the native custom with regards to the distribution of property.

However, a will contrary to the Dusun Adat Laws may remain valid if the headman or heirs consent to its provisions.