(English) Illegitimate Child, Insurance Nomination, Evidence of Trust, Removal of Co-Administrator, Company Asset or Deceased Estate ?

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Title: Federal Court Case TAN KAH FATT & ANOR v. TAN YING [2023] 2 MLRA Civil Appeal No: 02(F)-82-10/2019(B)

Webinar Outline:
* Pre-Webinar Quiz

* Recap High Court Judgement HIGH COURT (SHAH ALAM) CIVIL SUIT NOS 22NCVC-297-06 OF 2015 AND BA-22NCVC-571-10 OF 2016 - 7 July 2018

* Recap Court of Appeal Judgement DALAM MAHKAMAH RAYUAN MALAYSIA (BIDANG KUASA RAYUAN) [RAYUAN SIVIL NO: B-02(NCvC)(W)-1091-05/2018] - 22 FEBRUARY 2021

** Right of illegitimate children to inherit under laws of intestacy

** Legitimacy of Children of customary marriage
** Distribution of estate
** Basis or cause for removal of administrator
** Statutory Interpretation - Purposive rule of construction

Suitable for: Will Writers, Estate Planners, Trust Advisors, Trust Consultants, Financial Planners, Financial Advisors who wish to upgrade their professional knowledge, education & awareness of Real Life Court Cases, Primary & Authoritative Data Sources

Date: (Fri) 4 Aug 2023

Time: 2:30-4:30pm

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Training Duration: 3 hours 2 mins

Title: Illegitimate Child, Insurance Nomination, Evidence of Trust, Removal of Co-Administrator, Company Asset or Deceased Estate Illegitimate Child, Insurance Nomination, Evidence of Trust, Removal of Co-Administrator, Company Asset or Deceased Estate

In-Depth Case Analysis: Tan Kah Fatt & Tan Sin Yee V Tan Ying And Y-Teq Auto Parts (M) Sdn Bhd & Y E Motorcycles (M) Sdn Bhd V Tan Kah Fatt & Tan Ying [2021] 1 Lns 264

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Webinar Outline

#01 The Law

• To establish a trust, what are the three certainties must be proven ?
• Does illegitimate child has right to the estate or maintenance ?

#02 Parties

• 1 Plaintiff vs 2 Defendants in Suit 1
• 2 Plaintiffs vs 2 Defendants in Suit 2
• Plaintiffs’ Witnesses in Suit 1
• Defendants’ Witnesses in Suit 1
• Plaintiffs’ Witnesses in Suit 1
• Defendants’ Witnesses in Suit 2
• Estate
• Relationship between Parties

#03 Overview of the Case

• The Estate
• Consolidation of two suits
• Trial in High Court
• Appeal in Court of Appeal

#04 Chronology of Events

• 7 Oct 2012 - 7 Dec 2015

#05 Issues

1st issue: Whether the illegitimate daughter is entitled to the deceased’s estate?

• Law Reform (Marriage and Divorce) Act 1976
• Distribution Act 1958
• Court decision

2nd issue: Whether the First Defendant ought to be removed as the co-administrator of the estate?

• Ligar Fernandez v Eric Claude Cooke [2002] 5 MLJ 177
• Hospital Products Ltd v United States Surgical Corporation [1984] 156 CLR 41
• Court Decision

3rd issue: Whether there exists a trust for the following:

a. 25% of trust for the illegitimate daughter of any money or property in the deceased’s estate. Alternatively, whether the illegitimate daughter is entitled to maintenance.

• Low Tin Yong @ Low Leong Lian v Low Yong Thua [2018] MLJU 73
• 3 Certainties
• Sinnaiyah & Sons Sdn Bhd v. Damai Setia Sdn Bhd [2015] 5 MLJ 1
• Yeong Ah Chee @ Yan Hon Wah v. Lee Chong Hai & Anor and 13 Other Appeals [1994] 3 CLJ 20
• Sean O’ Casey Patterson v Chan Hoong Poh & Ors [2011 ] 3 CLJ 722
• Married Women and Child Maintenance Act 1950
• Koh Lai Kiow v Low Nam Hui [2005] 7 MLJ 143
• Interpretation Act 1948
• Court Decision

b. The deceased’s and/or the estate of the deceased to hold the life insurance policy pay-out for and on behalf of the companies.

• Corporate law
• Large Amount Questionnaire
• Tempil Perkakas v Foo Sex Hong (t/a Agrodrive Engineering ) [1996] 2 MLJ 542
• Sim Ah Hee @ Lee Ah Hee and Anor v Affin Bank Berhad [2010] MLJU 393
• Insurance Act 1996
• Court Decision

c. The deceased held the three cars on trust for the benefit of the companie

• Forgery
• Directors’ Resolutions and Statutory Declarations
• Herchun Singh & Ors v Public Prosecutor [1969] 2 MLJ 209
• Evidence Act 1950
• Court Decision

4th issue: Whether the deceased owed the company a loan of RM38,650?

• Standard Accounting Practice
• Court Decision

#06 Conclusions

#07 Extra Research

• Financial Analysis of Y-Teq Auto Parts (M) Sdn Bhd (1st Plaintiff in Suit 1)
• Financial Analysis of Y E Motorcycles (M) Sdn Bhd (2nd Plaintiff in Suit 2)
• Insurance Nomination

#08 Points of Discussion