He was the son of Malise II and his second wife Matilda, daughter of Gilbert, Earl of Orkney and Caithness.
In the interregnum following Margaret's death, Malise took a prominent part in state affairs, and was involved in most of the political events of the time.
Later he swore fealty to Edward I of England, and two of his sons were taken as hostages by that king, to ensure their father's good behaviour.
A close friend of the Prince of Wales (later King Edward II), he was invested in 1305 as Lieutenant of the Warden north of the Forth.
In 1306 he was ordered to take the sons of the Steward of Scotland and the Earl of Atholl as hostages, but before he could complete this task, he was imprisoned in Rochester Castle because of his alleged surrender to King Robert Bruce.