Malaysia vs China
Wills and inheritance for Chinese citizens who own property in Malaysia
Buyers from mainland China own homes across Kuala Lumpur, Penang and Johor, and many also hold MM2H passes. A will made under China’s Civil Code can be relevant here, but Malaysian property is inherited under Malaysian law and heirs need a Malaysian court grant. This page compares the two systems and lists the practical steps.
In short
Key points
- Both countries apply the law of the place where land is situated, so Malaysian property follows Malaysian succession law.
- China is not a Commonwealth country — a Chinese court or notarial document cannot be resealed in Malaysia; heirs apply for a fresh Malaysian grant.
- China’s Civil Code recognises six will forms, including audio-video wills; Malaysia accepts a will made abroad only if it is in writing.
- Without a will, China gives equal shares to spouse, children and parents; Malaysia’s Distribution Act 1958 uses different fractions for Malaysian property.
- Neither China nor Malaysia has an inheritance or estate tax.
- A written Malaysian will for Malaysian assets, coordinated with your Chinese will, avoids translating and proving foreign law.
The Chinese system
How wills and succession work in China
Book VI of the Civil Code, in force since 1 January 2021, sets out the rules.
Will forms
Handwritten, written by another with two witnesses, printed with witnesses, audio or video recorded with witnesses, notarised, and an oral will in an emergency (Articles 1134–1139). Heirs and beneficiaries cannot act as witnesses (Article 1140).
Latest will prevails
Where wills conflict, the last one made prevails (Article 1142). A notarised will no longer automatically overrides later wills, as it did under the old Succession Law.
Intestacy
First-order heirs are the spouse, children and parents; they generally share equally (Articles 1127 and 1130). Siblings and grandparents inherit only if there is no first-order heir. Half of the couple’s community property first goes to the surviving spouse (Article 1153).
Reserved share
A will must keep a necessary portion for an heir who cannot work and has no source of income (Article 1141). An estate administrator is appointed under Article 1145.
Comparison
Malaysia vs China side by side
| Point | Malaysia | China |
|---|---|---|
| Main law | Wills Act 1959 (Peninsular non-Muslims); Distribution Act 1958 | Civil Code Book VI (2021) |
| Minimum age | 18 | Full civil capacity, generally 18 |
| Will forms | Written, signed, two witnesses | Six forms, including audio-video and notarised |
| Which will wins | A later will revokes an earlier one if it says so or is inconsistent | The latest will prevails (Art. 1142) |
| No will — spouse and children | Spouse 1/3, children 2/3 (no parents surviving) | Spouse, children and parents share equally |
| Forced shares | None for non-Muslims | Reserved share only for heirs unable to work and without income |
| Inheritance tax | None | None |
| Grant recognition | Commonwealth grants only; Chinese documents need a fresh Malaysian grant | — |
Wills Act 1959; Distribution Act 1958; PRC Civil Code Book VI (China Justice Observer translation); checked October 2026.
Cross-border
What carries over to Malaysia — and what does not
- China itself points to Malaysian law. China’s Law on the Application of Laws to Foreign-related Civil Relations (2010) applies the law of the place where immovable property is located to statutory succession of that property. Malaysia’s Distribution Act takes the same view.
- A written Chinese will can be accepted. Section 27 of Malaysia’s Wills Act 1959 accepts a will made abroad that follows the law of the place where it was made or of the testator’s domicile — but only if it is in writing. An audio-video or oral will valid in China may not be usable in Malaysia.
- No resealing. Malaysia reseals only Commonwealth grants. Heirs must apply to the Malaysian High Court for probate or letters of administration through a Malaysian lawyer, with certified translations into English or Malay and, where needed, legalised documents.
- Intestacy shares differ. Without a will, the Malaysian property follows the Distribution Act 1958. A parent of the deceased, for example, receives one-quarter only where spouse and children also survive, rather than an equal share.
- Community property. Malaysian law does not apply China’s marital community property split to the Malaysian title. If spouses want each to own half, register the property as co-owners — see ownership structures.
For heirs
What heirs in China should expect
Heirs who are Chinese citizens become foreign owners in Malaysia. Ask the Malaysian lawyer whether state consent is needed to register the transfer and whether the heir can keep and let the unit. If they sell, Malaysian real property gains tax and fees may apply — see property tax: Malaysia vs China — and bringing proceeds home is subject to China’s foreign exchange rules. Our selling guide explains the sale steps.
Practical steps
Practical steps for Chinese owners
- Make a written Malaysian will for Malaysian assets with a Malaysian lawyer, and tell your PRC lawyer so a later Chinese will does not override it by accident (Article 1142).
- Name an executor who can act in Malaysia and a substitute.
- Keep the SPA, strata title, loan papers, MM2H documents and Malaysian bank details in one place; tell your family where.
- Check whether the Malaysian loan has MRTA or MLTA cover — see home loans: Malaysia vs China.
- If you hold an MM2H pass, note it does not change how property is inherited — see MM2H.
Straight answers
Frequently asked questions
Is a will made in China valid for property in Malaysia?
A written will validly made under Chinese law can be accepted under s.27 of Malaysia’s Wills Act 1959. It must still be proved in a Malaysian High Court, with translation, before the property is transferred.
Can a Chinese notarised inheritance certificate transfer my Malaysian condo?
No. Malaysian land offices act on a Malaysian grant of probate or letters of administration, or a Malaysian distribution order. China is not a Commonwealth country, so its documents cannot be resealed.
Who inherits my Malaysian property if I die without a will?
Malaysian law applies to Malaysian immovable property. For a non-Muslim, the Distribution Act 1958 sets the shares — for example spouse one-quarter, children one-half and parents one-quarter where all survive.
Is a video will valid in Malaysia?
Probably not on its own. Malaysia accepts a will made abroad only if it is in writing (or a privileged will), so make a written will for Malaysian assets.
Is there inheritance tax on Malaysian property for Chinese citizens?
No. Neither Malaysia nor China levies inheritance or estate tax. Taxes may arise on rent or a later sale.
Will a later Chinese will cancel my Malaysian will?
It could if it is not drafted carefully, because both systems treat a later inconsistent will as overriding. Ask both lawyers to limit each will to its own assets.
Compare
Wills and estates: Malaysia and other countries
Other guides
Planning a purchase in Malaysia?
Send me your budget, the area you are looking at and whether you will live in it or rent it out. I will explain the costs to plan for and which units qualify.