Dealing With Your Assets After Death (Non-Muslim)

estate administration for non-muslim
Infographic: Estate Administration in Malaysia for non-muslims

Who is my Executor or Administrator?

As soon as you pass away, you need a helper to assist your estate to deal with all the running work to distribute your assets to your intended beneficiaries. Legally, the helper here is called “Executor or Administrator”. The legal duties of the Executor/Administrator are as follows:

  1. To administer the estate of the Deceased diligently
  2. To pass all the Deceased’s Documents to a Lawyer 
  3. To apply for court orders
  4. To ensure that all assets are vested on the beneficiaries 

Types of Grant of Representation

A.  Grant of Probate

  1. If you die with a will and you appointed an executor.
  2. Your assets will be distributed according to the terms of your will.

B. Grant of Letters of Administration With Will Annexed

  1. If you die with a will but you did not appoint an executor or your executor is legally incapable to act or predeceased you or unwilling to act.
  2. Your assets will be distributed according to the terms of the will.

C. Grant of Letters of Administration

  1. If you die without a will
  2. Your assets will be distributed according to Section 6 of the Distribution Act 1958:
  • Issue means children and the descendants of the deceased children
  • Child means legitimate child but does not include an adopted child other than a child adopted under the provision of the Adoption Act 1952

D. Grant of Letters of Administration De Bonis Non

If your executor or administrator is legally incapable to act or predeceased you or unwilling to act or absconded UPON obtaining the grant of representation

D. Resealing of Grant

If there is a grant of representation issued by any court of Commonwealth Countries (such as China, Japan, Singapore, etc) and some properties are situated in Malaysia.

We suggest that you seek legal advice by contacting us in order to perfect the transfer of the deceased’s money and property to the beneficiaries after any of your family members, friends and relatives pass away.

The contents of this article do not constitute legal or other professional advice or an opinion of any kind. It is provided for general information purposes only.


By Chloe Lim & Carmen Leong