Who can claim after a death
You are not sure whether you count as a dependant after a family member's death.
The people who can claim after a road accident death are generally the spouse, parents and children of the person who died, under a dependency claim.[1] This is separate from who can act for the estate, which is usually an executor or administrator.
The law treats grandparents as parents, and grandchildren and step-children as children, so they can claim too. Brothers, sisters, uncles and aunts are not in the list.[3] Which group you fall into decides which claim applies to you.
Is a spouse included?
A husband or wife of the deceased is generally included, provided the marriage was legally valid at the time of death.
Are parents included?
Both the father and mother of the deceased are generally included.
Are children included?
Children of the deceased are generally included as dependants, reflecting the support they would reasonably have received going forward.
What changed in 2019?
The Civil Law (Amendment) Act 2019 added certain dependent disabled family members who relied on the deceased financially.[1] The earlier law had not covered them.
What if I am not sure I qualify?
Family situations vary, including step-relationships, adoption and informal dependency. Check your circumstances rather than assuming you are excluded.
What is the deadline?
A dependency claim generally must start within three years of the date of death, treated as an absolute limit.[2] Work out early who can claim. Eligibility also generally decides who can receive the bereavement award.
What should I read next?
How a dependency claim works covers what the claim recovers. Making a claim after a fatal accident shows how the claims fit together. If you are handling the deceased’s affairs, an estate claim explains that separate process.
An independent lawyer can bring the family’s claim. Send the accident date, where it happened, how you were related to the person who died and the police report status.
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.
Common questions
I was engaged but not yet married. Do I count as a spouse?
Generally no, since the law looks at whether a legally valid marriage existed at the time of death. This is worth confirming for your specific situation rather than assuming either way.
Can adult children who have moved out still claim?
Being an adult, or living independently, does not automatically exclude a child from this claim, though the actual amount recovered reflects the real support that was lost, which may look different for an adult child.
What if I was financially dependent but am not a spouse, parent or child?
The law treats grandparents as parents, and grandchildren and step-children as children, so they can claim too. Since 2019, a person with a disability who was in the deceased's care can also claim. Brothers, sisters, uncles and aunts are not in the list. An independent lawyer can check where you stand if you are unsure.
Who brings the claim if there are several eligible family members?
The claim is generally brought on behalf of all eligible dependants together, often through the same legal action, rather than each family member filing separately.
Sources
- Thomas Philip, on Civil Law Act 1956, s.7 (accessed 2026-09-22)
- Shan Chambers, on Civil Law Act 1956, s.7(5) (accessed 2026-09-22)
- Thomas Philip, How much is your life worth? (dependency claims in Malaysia) (accessed 2026-10-02)
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.