MESSRS TAN AH LAK & CO (A Legal Partnership Firm) TAN GHEE SENG @ JOHNNY TAN NRIC NO: 480104-10-5663) (As the Executor of The Estate of Yang Chan Seng @ Conchita Yang, the deceased), 2) TAN GHEE CHENG @ BETTY TAN 3) MAGGIE TAN @ TAN GHEE SE

MESSRS TAN AH LAK & CO (A Legal Partnership Firm) TAN GHEE SENG @ JOHNNY TAN NRIC NO: 480104-10-5663) (As the Executor of The Estate of Yang Chan Seng @ Conchita Yang, the deceased), 2) TAN GHEE CHENG @ BETTY TAN 3) MAGGIE TAN @ TAN GHEE SE

The disputed sums are assets of the deceased estate and, on the parties' own representations and documentary evidence, must be paid to the 1st Respondent in his capacity as executor for administration under the Probate and Administration Act; there was no satisfactory proof of an inter vivos gift and the powers of attorney expired on death as they did not satisfy section 6, therefore direct payment to beneficiaries was inappropriate.

Citation
WA-24NCvC-484-03/2021 (Mahkamah Tinggi)
Parties
Applicant (solicitor/stakeholder): Messrs Tan Ah Lak & Co; 1st Respondent (executor of the Estate): Tan Ghee Seng @ Johnny Tan; 2nd Respondent (beneficiary/former Attorney): Tan Ghee Cheng @ Betty Tan; 3rd Respondent (beneficiary): Maggie Tan @ Tan Ghee Seck; 4th Respondent (beneficiary): Lydia Ghee Ling Chan; 5th Respondent (beneficiary): Dr Robert Chan Moon Tong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 September 2021
Case Number
WA-24NCvC-484-03/2021 (Mahkamah Tinggi)
Procedural Posture
Interpleader (order 17 Rules of Court 2012) / Judgment on Interpleader Application
Outcome
Interpleader judgment: funds declared estate assets and payable to 1st Respondent as executor; no costs ordered.
Legal Topics
Interpleader, Distribution of Estate Assets, Revocation of Power of Attorney on Death, Inter Vivos Gift, Executor Duties and Misconduct, Jurisdictional Limits of Interpleader
Source Language
Malay/English
Probate and Administration Wills and Succession Civil Procedure Trusts and Fiduciary Law Powers of Attorney Interpleader Distribution of Estate Assets Revocation of Power of Attorney on Death +3 more

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Parties

Messrs Tan Ah Lak & Co

Applicant (solicitor/stakeholder)

Tan Ghee Seng @ Johnny Tan

1st Respondent (executor of the Estate)

Tan Ghee Cheng @ Betty Tan

2nd Respondent (beneficiary/former Attorney)

Maggie Tan @ Tan Ghee Seck

3rd Respondent (beneficiary)

Lydia Ghee Ling Chan

4th Respondent (beneficiary)

Dr Robert Chan Moon Tong

5th Respondent (beneficiary)

Procedural Posture

Interpleader (order 17 Rules of Court 2012) / Judgment on Interpleader Application

Legal Issues

  1. 1 To whom should the disputed funds be paid: executor or beneficiaries?
  2. 2 Whether the funds constituted a valid inter vivos gift to the 2nd Respondent and others
  3. 3 Whether the Power of Attorney remained effective after death

Ratio Decidendi

The disputed sums are assets of the deceased estate and, on the parties' own representations and documentary evidence, must be paid to the 1st Respondent in his capacity as executor for administration under the Probate and Administration Act; there was no satisfactory proof of an inter vivos gift and the powers of attorney expired on death as they did not satisfy section 6, therefore direct payment to beneficiaries was inappropriate.

Court Disposition

Interpleader judgment: funds declared estate assets and payable to 1st Respondent as executor; no costs ordered.

Orders

  • The sum of RM 2,089,151.72 with interest thereon to be paid to the 1st Respondent as executor of the estate of the deceased, Yang Chan Seng @ Conchita Yang.
  • No order as to costs.