Next of Kin Declaration (Malaysia)
STATUTORY DECLARATION — NEXT OF KIN
Statutory Declarations Act 1960 (Act 783) | Distribution Act 1958 (Act 300) | Employees Provident Fund Act 1991 (Act 452)
I, [Declarant Name], NRIC No. [Declarant NRIC], born on [Declarant DOB], of [Declarant Address], [Declarant Occupation], do solemnly and sincerely declare as follows:
DECLARATION
1. I am the [Relationship To Deceased] of [Deceased Name], NRIC No. [Deceased NRIC], born on [Deceased DOB], who passed away / is incapacitated.
2. Date of death (if applicable): [Date of Death]. Death certificate reference: [Death Certificate Ref].
3. I am making this declaration for the purpose of: [Purpose Of Declaration].
4. To the best of my knowledge and belief, the surviving family members of the deceased are as follows: [Family Members].
5. I make this declaration conscientiously believing the same to be true, and by virtue of the Statutory Declarations Act 1960 (Act 783). I am fully aware that making a false statutory declaration is an offence under Section 199 of the Penal Code (Act 574).
Declared at _________________________ on [Declaration Date].
Before me:
Commissioner for Oaths / Advocate & Solicitor
Name: ___________________________ Reference No.: ___________________________
Declarant (Next of Kin)
________________
Signature
What Is a Next of Kin Declaration (Malaysia)?
A Next of Kin Declaration in Malaysia records the information the relevant body requires to process the matter.
Malaysian law does not define 'next of kin' in a single thorough statute, but the concept appears across multiple legal instruments. For intestate succession, the Distribution Act 1958 (Act 300) sets out the order of priority of heirs — spouse, children, parents — for non-Muslim Malaysians. For Muslims, the Islamic law of faraid governs inheritance entitlements, administered under the respective state Islamic Religious Council and through the Amanah Raya Berhad for small Muslim estates. The Small Estates (Distribution) Act 1955 (Act 98) applies to estates where the value does not exceed RM 2 million and the assets include immovable property.
For EPF (Employees Provident Fund) death benefit claims under the Employees Provident Fund Act 1991 (Act 452), the Kumpulan Wang Simpanan Pekerja (KWSP) requires a next of kin declaration when the deceased member did not nominate a beneficiary, or where the nomination is disputed. The Social Security Organisation (SOCSO / PERKESO) similarly requires next of kin declarations when processing survivor benefits under the Employees' Social Security Act 1969 (Act 4).
For medical and hospital purposes, a Next of Kin Declaration is used to identify the person authorised to give consent for medical treatment of an incapacitated patient, consistent with the Ministry of Health Malaysia guidelines on consent and the Medical Act 1971 (Act 50). The declaration assists medical professionals in complying with the Private Healthcare Facilities and Services Act 1998 (Act 586) when the patient cannot consent personally.
The legal framework governing the Next of Kin Declaration (Malaysia) in Malaysia draws on several key statutes and regulatory bodies. 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). Parties executing a Next of Kin Declaration (Malaysia) in Malaysia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Contracts Act 1950 (Act 136) sets the foundational requirements.
When Do You Need a Next of Kin Declaration (Malaysia)?
A Next of Kin Declaration in Malaysia is required in a range of situations involving the estate, finances, or welfare of a deceased or incapacitated person.
A Next of Kin Declaration is needed when applying to the Employees Provident Fund (KWSP) for a death benefit withdrawal under Section 69 of the Employees Provident Fund Act 1991, where the deceased member had not nominated any beneficiary or the nomination is disputed among family members.
A Next of Kin Declaration is required when applying to the Land Office, the Companies Commission of Malaysia (SSM), or a bank for access to assets registered in the name of a deceased person who died intestate, pending full grant of Letters of Administration from the High Court of Malaya under the Probate and Administration Act 1959 (Act 97).
A Next of Kin Declaration is needed when a hospital requires identification of a person authorised to give or withhold consent for medical treatment, surgery, or end-of-life decisions for a patient who is unconscious, mentally incapacitated, or otherwise unable to consent, consistent with the Medical Act 1971 and Ministry of Health guidelines.
A Next of Kin Declaration is required when the Social Security Organisation (PERKESO) processes dependent benefits or funeral allowances under the Employees' Social Security Act 1969 (Act 4) following the death of an insured worker.
A Next of Kin Declaration may be required by an employer's HR department when processing death gratuity, outstanding salary, or other final payments owed to a deceased employee under the Employment Act 1955 (Act 265) or the Civil Service Regulations for government employees.
A Next of Kin Declaration is needed when the Amanah Raya Berhad is appointed to administer a small estate under the Small Estates (Distribution) Act 1955, and the Administrator requires confirmation of the family members entitled to share in the distribution.
What to Include in Your Next of Kin Declaration (Malaysia)
A complete Next of Kin Declaration for Malaysia must contain the following elements.
Declarant's particulars: Full legal name, NRIC number, date of birth, residential address, occupation, and relationship to the deceased or incapacitated person.
Details of the deceased or incapacitated person: Full legal name, NRIC number, date of birth, date of death (if applicable) and death certificate reference number issued by JPN, or details of incapacitation and its nature.
Family relationship statement: A clear statement of the nature and basis of the next of kin relationship — for example, spouse, child, parent, or sibling — with reference to the marriage certificate, birth certificate, or other documentary evidence of the relationship.
Family composition: A list of all known surviving close family members of the deceased or incapacitated person, including their names, NRIC numbers, dates of birth, and relationships, to allow the receiving institution to assess the full scope of potential claimants.
Purpose of declaration: A statement of the specific purpose for which the Next of Kin Declaration is being made — for example, EPF withdrawal claim, estate administration, hospital consent, or employer final payment — to confirm the declaration is tailored to the requirements of the receiving institution.
Declaration of truth: A sworn statement that all information is true and correct under the Statutory Declarations Act 1960 (Act 783), with the declarant fully aware that a false declaration is an offence under Section 199 of the Penal Code (Act 574).
Commissioner for Oaths attestation: Signature, date, seal, and reference number of the Commissioner for Oaths before whom the declaration is sworn.
Additional compliance elements for a Next of Kin Declaration (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.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Next of Kin Declaration (Malaysia) (Malaysia) [Legal document template]. Forms Legal. https://forms-legal.com/malaysia/personal/legal-declarations/next-of-kin-declaration-malaysia
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howpublished = {\url{https://forms-legal.com/malaysia/personal/legal-declarations/next-of-kin-declaration-malaysia}},
note = {Free legal document template. Based on Contracts Act 1950 (Act 136)}
}Frequently Asked Questions
Under Malaysian law, 'next of kin' is defined differently depending on the applicable statute and context. Under the Distribution Act 1958 (Act 300) for non-Muslim intestate estates, the hierarchy of next of kin is: (1) spouse; (2) children; (3) parents; (4) siblings; (5) more distant relatives in order of proximity. For Muslims, the Islamic law of faraid determines heirs and their respective shares, administered through the relevant state Islamic Religious Council and Amanah Raya Berhad. For EPF death benefit purposes under the Employees Provident Fund Act 1991 (Act 452), a nominated beneficiary takes priority over the next of kin hierarchy; in the absence of a nomination, the Act specifies the order of payment. For medical consent purposes, the Ministry of Health Malaysia guidelines rank next of kin as spouse first, then adult children, parents, and siblings.
A Next of Kin Declaration alone is generally not sufficient to access a deceased person's bank account in Malaysia. Bank Negara Malaysia-regulated financial institutions require either a grant of Probate (for testate estates with a will, under the Probate and Administration Act 1959, Act 97) or Letters of Administration (for intestate estates, granted by the High Court of Malaya) before releasing funds from a deceased person's bank account, except for accounts with a survivorship clause (joint accounts). For small estate balances (generally below RM 50,000 at most banks), some institutions may release funds upon a statutory declaration, next of kin declaration, and death certificate under their internal compassionate payment policies, but this is a matter of the bank's discretion and not a legal entitlement. A Next of Kin Declaration is typically used alongside — not instead of — a grant of Letters of Administration.
For EPF (KWSP) death benefit claims in Malaysia under the Employees Provident Fund Act 1991 (Act 452), the claimant must submit a Next of Kin Declaration to the nearest KWSP branch along with: the deceased member's death certificate from JPN; the claimant's MyKad; evidence of the family relationship (marriage certificate, birth certificate, or court order); and any relevant court-issued Letters of Administration or probate documents if the estate has been administered. Where no nomination was made, KWSP distributes the death benefit according to the distribution rules in the Employees Provident Fund Act 1991 and may divide the balance among multiple next of kin claimants. The Next of Kin Declaration must be a statutory declaration sworn before a Commissioner for Oaths under the Statutory Declarations Act 1960 (Act 783).
A Next of Kin Declaration can support an insurance claim in Malaysia where the policy did not name a specific beneficiary or where the named beneficiary has predeceased the insured. Life insurance policies in Malaysia are regulated by Bank Negara Malaysia under the Financial Services Act 2013 (Act 758) and the Islamic Financial Services Act 2013 (Act 759). Insurers typically require a death certificate from JPN, the original insurance policy, a proof of relationship document (marriage or birth certificate), and a statutory declaration by the next of kin setting out the family composition. For disputed claims involving multiple potential beneficiaries, the insurer may require Letters of Administration issued by the High Court of Malaya before releasing the policy proceeds. The declaration does not by itself establish legal entitlement but supports the insurer's due diligence process.
A Next of Kin Declaration (Malaysia) does not legally require a lawyer in Malaysia, and individuals and businesses may draft and execute the document independently. The Contracts Act 1950 (Act 136) does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified Malaysia lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The Federal Court of Malaysia has jurisdiction over disputes arising from this type of document, and Companies Commission of Malaysia (SSM) may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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