Affidavit Of Inheritance Template for Malaysia

An Affidavit of Inheritance is a sworn legal document that establishes your rights as an heir and facilitates the transfer of assets from a deceased person's estate. In Malaysia's unique dual legal system, this document must comply with either civil law provisions under the Distribution Act 1958 for non-Muslims or Islamic inheritance law (Faraid) for Muslims, making it essential to understand which legal framework applies to your situation.

When do you need this document?

You will need an Affidavit of Inheritance when banks, financial institutions, or government agencies require formal proof of your inheritance rights. This typically occurs when claiming funds from the deceased's bank accounts, transferring property ownership at land offices, or accessing investment portfolios. The document is particularly important for estates valued under RM2 million, where the Small Estates (Distribution) Act 1955 provides simplified procedures. You may also need this affidavit when dealing with EPF withdrawals, insurance claims, or when multiple heirs need to establish their respective shares in the estate.

Key legal considerations

The affidavit must contain comprehensive details about the deceased, including full name, NRIC number, last known address, and date and place of death. You must clearly state your relationship to the deceased and provide a complete list of all legal heirs with their respective inheritance shares. The document should include a detailed inventory of the deceased's assets, including property, bank accounts, investments, and personal belongings. Under Malaysian law, you must declare any existing debts or liabilities of the estate. The affidavit must be made before a Commissioner for Oaths and comply with the Evidence Act 1950 requirements for sworn statements. Be aware that providing false information in an affidavit constitutes perjury and can result in serious legal consequences.

Legal requirements in Malaysia

In Malaysia, inheritance laws differ based on religion and ethnicity. For non-Muslims, the Distribution Act 1958 governs inheritance distribution, establishing specific shares for spouses, children, parents, and other relatives. Muslim estates follow Shariah law principles under the Faraid system, which prescribes fixed shares for different categories of heirs. Your affidavit must accurately reflect the applicable legal framework and inheritance percentages. For estates exceeding RM2 million, you may need to apply for Grant of Probate or Letters of Administration through the High Court. The affidavit must be properly witnessed and notarized, with supporting documents such as death certificates, identity cards of heirs, and proof of relationship. Some institutions may require additional documentation, including family tree charts or religious authority endorsements for Muslim estates.