EPF Withdrawal (Death of Member) (Malaysia)

An EPF Withdrawal in Malaysia records the structure and obligations of the financial arrangement it covers.

The Employees Provident Fund Act 1991 provides a clear statutory framework for death withdrawal claims. Under Section 74(1), where the member has made a valid nomination, the EPF pays the full balance of the member's savings — accumulated in Account 1, Account 2, and Account 3 — to the nominated person(s) in the proportions specified in the nomination. Under Section 74(2), where no valid nomination exists, the EPF pays the savings to Amanah Raya Berhad (ARB) under the Public Trust Corporation Act 1995 for administration as part of the estate.

EPF savings paid to a nominee do not form part of the deceased's estate under Malaysian law — they pass directly and immediately to the nominee (for non-Muslim members) or to the nominee as pemegang amanah (executor) for Muslim members' estates. This statutory separation from the estate means EPF death withdrawal proceeds are not delayed by probate proceedings, not subject to the Wills Act 1959, and not affected by Letters of Administration applications under the Probate and Administration Act 1959. The simplicity and speed of the EPF death withdrawal mechanism — compared to conventional estate administration — makes it one of the most effective tools for providing immediate financial support to a deceased member's dependants.

For Muslim deceased members, the nominated person who receives the EPF savings acts as pemegang amanah (executor/trustee) under Malaysian Islamic law. The National Fatwa Council (Majlis Fatwa Kebangsaan) and JAKIM's guidance on EPF nominations for Muslim members indicate that the nominated person holds the proceeds on trust for the faraid heirs and must distribute them under the Faraid Certificate issued by the relevant state Mahkamah Syariah. This two-step process — EPF withdrawal to nominee, then faraid distribution — requires clear understanding by all parties involved.

The EPF death withdrawal claim must be supported by the member's death certificate issued by Jabatan Pendaftaran Negara (JPN) under the Births and Deaths Registration Act 1957, the claimant's identification documents, and in the case of a claim through Amanah Raya Berhad, the relevant authority documents from the High Court of Malaya or Mahkamah Syariah. EPF (KWSP) processes death withdrawal claims within its prescribed processing times and pays directly to the claimant's bank account regulated by Bank Negara Malaysia.

An EPF Death Withdrawal application is needed immediately upon the death of an EPF member, to initiate the claim for the deceased member's accumulated retirement savings.

The application is needed when the deceased EPF member had a valid nomination and the nominated person(s) wish to claim the EPF savings directly from KWSP. The nominee must submit the death withdrawal application as soon as the death certificate is obtained from Jabatan Pendaftaran Negara, as EPF does not automatically release funds — a formal claim must be submitted.

The application is needed when the deceased EPF member did not have a valid nomination, requiring Amanah Raya Berhad (ARB) to be notified and to act as the receiving authority for the EPF savings. Family members of the deceased should contact both EPF (KWSP) and ARB to initiate the process.

The application is needed when the nominated person for the EPF savings is a minor under 18 years of age, requiring the appointed trustee (or a court-appointed guardian) to apply on the minor's behalf and for the EPF savings to be held and managed until the minor reaches the age of majority under the Age of Majority Act 1971.

The application is needed when the deceased EPF member was a self-employed contributor under EPF's self-contribution scheme, or had voluntarily contributed to EPF beyond the mandatory contribution — the death withdrawal mechanism applies equally to all EPF account balances regardless of how they were contributed.

The application is needed when the deceased EPF member is a foreign national who had contributed to EPF during their employment in Malaysia on a valid work permit, and their estate or nominated beneficiary wishes to claim the accumulated savings — a process that may involve additional documentation from the relevant foreign embassy or high commission in Kuala Lumpur.

An EPF Death Withdrawal application and supporting documentation in Malaysia must contain the following essential elements under the Employees Provident Fund Act 1991 (Act 452).

Deceased Member Identification: The application must state the deceased member's full legal name, EPF membership number, NRIC number, and date of death. These details must match the EPF account records exactly — any discrepancy may delay processing.

Death Certificate: The application must be supported by the original or certified copy of the deceased member's death certificate issued by Jabatan Pendaftaran Negara (JPN) under the Births and Deaths Registration Act 1957. For deaths occurring abroad, the death certificate must be authenticated by the Malaysian diplomatic mission in the country of death.

Claimant Identification: The claimant — the nominated person, Amanah Raya Berhad representative, or appointed trustee for a minor nominee — must provide their full legal name, NRIC number, and current address. The claimant's bank account details (with a bank regulated by Bank Negara Malaysia) must be provided for direct credit of the EPF proceeds.

Nomination Confirmation: The application must reference the member's existing EPF nomination, and the claimant must confirm their status as the nominated person in the proportions specified in the nomination. KWSP will verify the nomination against its internal records.

Proof of Relationship (where applicable): Where the claimant's relationship to the deceased is relevant — for example, where the nomination names 'spouse' or 'children' generically rather than specific named persons — documentary evidence of the relationship (marriage certificate under the Law Reform (Marriage and Divorce) Act 1976 for non-Muslims, or Surat Akad Nikah for Muslims under the relevant state Islamic Family Law Enactment; birth certificates for children) must be provided.

Faraid Certificate (for Muslim estates): Where the deceased was Muslim and the nominated person is to distribute the EPF proceeds under faraid, the application for the Faraid Certificate from the Mahkamah Syariah should be initiated simultaneously with the EPF death withdrawal application, so the faraid distribution can proceed promptly upon receipt of the EPF funds.

Amanah Raya Authorisation (where no nomination): Where no valid nomination exists and Amanah Raya Berhad (ARB) is to receive the EPF proceeds, the estate's next of kin should contact ARB directly. ARB will initiate the claim with KWSP and will require letters of administration or a Faraid Certificate before distributing the proceeds to the estate beneficiaries.

Additional compliance elements for a EPF Withdrawal (Death of Member) (Malaysia) used in Malaysia include: Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Forms-legal.com provides this template as a starting point for Malaysia-compliant documentation.