Affidavit Of Inheritance for Malaysia

Affidavit Of Inheritance Template for Malaysia

An Affidavit of Inheritance is a sworn legal document used in Malaysia's legal system to formally declare the rightful heirs and beneficiaries of a deceased person's estate. This document operates within Malaysia's unique dual legal framework, where inheritance matters are governed by civil law for non-Muslims and Shariah law for Muslims. The affidavit serves as a crucial document for transferring assets, accessing bank accounts, and managing property of the deceased, containing detailed information about the deceased, the deponent, all legal heirs, and the estate's contents. It must be sworn before a Commissioner for Oaths and complies with the requirements of the Malaysian Evidence Act 1950 and relevant inheritance laws.

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What is a Affidavit Of Inheritance?

The Affidavit of Inheritance serves as a fundamental legal instrument in Malaysian estate administration, essential for establishing inheritance rights and facilitating the transfer of assets after a person's death. This document is particularly crucial in Malaysia's dual legal system, where inheritance matters follow either civil law (for non-Muslims) or Shariah law (for Muslims). The affidavit must detail the deceased's personal information, date of death, list of legal heirs, and comprehensive inventory of assets. It is commonly required by financial institutions, land offices, and other authorities to process asset transfers or release funds. The document must be executed in compliance with the Distribution Act 1958, Small Estates (Distribution) Act 1955, and relevant Shariah laws where applicable, making it a vital tool in both informal and formal probate proceedings.

What sections should be included in a Affidavit Of Inheritance?

1. Title and Venue: States that this is an Affidavit of Inheritance, including the jurisdiction and date

2. Deponent's Details: Full name, NRIC number, age, occupation, and address of the person making the affidavit

3. Deceased's Details: Full particulars of the deceased including full name, NRIC number, last address, date and place of death

4. Relationship Declaration: Statement of the deponent's relationship to the deceased and basis for making the affidavit

5. Details of Death: Circumstances of death, including whether the deceased died testate or intestate

6. List of Legal Heirs: Complete list of all surviving legal heirs and their relationship to the deceased

7. Estate Details: Comprehensive list of the deceased's assets and their estimated values

8. Declaration of Truth: Formal declaration that all statements made are true and accurate

9. Execution Block: Space for signature, commissioner for oaths details, and attestation

What sections are optional to include in a Affidavit Of Inheritance?

1. Islamic Law Declaration: Required only for Muslim deceased, stating that distribution will follow Shariah law

2. Will Reference: Include only if the deceased left a valid will, providing details of the will and its contents

3. Prior Grant Details: Required if any previous grant of representation has been issued

4. Disclaimer Statements: Include if any eligible heirs are disclaiming their inheritance rights

5. Guardian Details: Required if any heirs are minors or legally incapacitated

6. Foreign Assets Declaration: Include if the deceased owned assets in other countries

What schedules should be included in a Affidavit Of Inheritance?

1. Schedule A - List of Assets: Detailed inventory of all assets including property, bank accounts, vehicles, investments

2. Schedule B - Documents Annexed: List of supporting documents like death certificate, will copy, marriage certificate

3. Schedule C - Heir Information: Detailed information about each heir including contact details and share of inheritance

4. Appendix 1 - Death Certificate: Certified copy of the death certificate

5. Appendix 2 - Identity Documents: Copies of NRIC/passport of deponent and deceased

6. Appendix 3 - Relationship Proof: Documents proving relationship between deponent and deceased

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Legal Services

Banking & Financial Services

Real Estate

Public Administration

Insurance

Investment Management

Wealth Management

Professional Services

Government Services

Notary Services

Relevant Teams

Legal

Compliance

Wealth Management

Estate Administration

Property Registration

Trust Administration

Customer Service

Document Processing

Risk Management

Private Banking

Relevant Roles

Legal Officer

Bank Manager

Estate Administrator

Probate Clerk

Property Registrar

Wealth Manager

Financial Advisor

Compliance Officer

Trust Officer

Legal Executive

Commissioner for Oaths

Land Officer

Court Registrar

Investment Manager

Estate Planning Specialist

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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