1. ) LIM SOK WAH 2. ) LIM BOON CHEOW LIM BOON LIM 1. ) LIM BOON CHEOW LIM BOON LIM 2. ) LIM SHOK CHOO

1. ) LIM SOK WAH 2. ) LIM BOON CHEOW LIM BOON LIM 1. ) LIM BOON CHEOW LIM BOON LIM 2. ) LIM SHOK CHOO

The Distribution Act 1958 prevails over pre-death family agreements that attempt to exclude or waive statutory distributive rights of intestate beneficiaries; the 1973 agreements were not testamentary dispositions nor legally effective to divest statutory rights, and s.9 prevents treating the gifts as reducing distributive shares; administrators must distribute according to the grant and statute.

Citation
P-02(NCvC)(W)-2641-12/2018 & P.02(NCvC)(A)-631-04/2019 (Mahkamah Rayuan)
Parties
Appellant/plaintiff (appeal P 02(ncv C)(w) 2641 12/2018): Lim Sok Wah; 1st Respondent/administrator/appellant (in P.02(ncv C)(a) 631 04/2019): Lim Boon Cheow; 2nd Respondent/administrator/appellant (in P.02(ncv C)(a) 631 04/2019): Lim Boon Lin; Respondent/plaintiff (appeal P.02(ncv C)(a) 631 04/2019): Lim Shok Choo
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
6 January 2020
Case Number
P-02(NCvC)(W)-2641-12/2018 & P.02(NCvC)(A)-631-04/2019 (Mahkamah Rayuan)
Procedural Posture
Civil Appeals From High Court (probate/administration and Property) / Court of Appeal Decision on Appeals Arising From High Court Judgment and Originating Summons
Outcome
Appeal P-02(NCvC)(W)-2641-12/2018 allowed; High Court decision dated 14/12/2018 set aside. Appeal P.02(NCvC)(A)-631-04/2019 dismissed; High Court decision dated 18/3/2019 affirmed.
Legal Topics
Distribution Act 1958, Section 9 Advances and Distributive Share, Validity of Pre Death Family Agreements, Administrators' Duties Under Grant, Wills Formalities, Consideration and Waiver
Source Language
Malay/English
Probate and Administration Succession/intestacy Law Contract Law Property Law Public Policy Distribution Act 1958 Section 9 Advances and Distributive Share Validity of Pre Death Family Agreements +3 more

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Parties

Lim Sok Wah

Appellant/plaintiff (appeal P 02(ncv C)(w) 2641 12/2018)

Lim Boon Cheow

1st Respondent/administrator/appellant (in P.02(ncv C)(a) 631 04/2019)

Lim Boon Lin

2nd Respondent/administrator/appellant (in P.02(ncv C)(a) 631 04/2019)

Lim Shok Choo

Respondent/plaintiff (appeal P.02(ncv C)(a) 631 04/2019)

Procedural Posture

Civil Appeals From High Court (probate/administration and Property) / Court of Appeal Decision on Appeals Arising From High Court Judgment and Originating Summons

Legal Issues

  1. 1 Whether the Distribution Act 1958 prevails over pre-death contractual arrangements affecting an intestate estate
  2. 2 Whether the 1973 family agreements constituted legally enforceable contracts or wills capable of divesting statutory distributive rights
  3. 3 Whether payments/gifts received by beneficiaries are to be accounted against distributive shares under s.9 Distribution Act

Ratio Decidendi

The Distribution Act 1958 prevails over pre-death family agreements that attempt to exclude or waive statutory distributive rights of intestate beneficiaries; the 1973 agreements were not testamentary dispositions nor legally effective to divest statutory rights, and s.9 prevents treating the gifts as reducing distributive shares; administrators must distribute according to the grant and statute.

Court Disposition

Appeal P-02(NCvC)(W)-2641-12/2018 allowed; High Court decision dated 14/12/2018 set aside. Appeal P.02(NCvC)(A)-631-04/2019 dismissed; High Court decision dated 18/3/2019 affirmed.

Orders

  • Declaration that the Plaintiff/Appellant (Lim Sok Wah) as beneficiary under intestacy is entitled to a share in Lot No. 220, Mukim 4, Daerah Barat Daya, Penang (Geran No. 18350)
  • Appeal P-02(NCvC)(W)-2641-12/2018 allowed and High Court decision 14/12/2018 set aside