SURENDRAN A/L THURAISINGAM SELVAMANICKARAJA A/L MANOHAR

SURENDRAN A/L THURAISINGAM SELVAMANICKARAJA A/L MANOHAR

The Defendant and his children are not spouse, child or parent of the deceased; therefore paragraph 6 of Schedule 10 FSA 2013 applies and any payments to them are to be received as executors, form part of the deceased's estate and are subject to settlement of debts; consequently the Plaintiff's declarations that the Defendant is not entitled to receive the Trust assets beneficially and that such payments form part of the estate were granted and the Defendant must return such payments; Schedule 10 prevails over trust or policy terms in this context.

Citation
WA-22NCvC-432-08/2023 (Mahkamah Tinggi)
Parties
Plaintiff (executor of the Estate of Kumar A/l Thuraisingam): Surendran a/l Thuraisingam; Defendant (in Personal Capacity and Litigation Representative for Manogaran A/l Selvamanickaraja and Athiyiyaman A/l Selvamanickaraja): Selvamanickaraja a/l Manohar
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 November 2025
Case Number
WA-22NCvC-432-08/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (writ Summons) Concerning Probate, Trust and Insurance Proceeds / Judgment at Trial (decision Dated 07 November 2025)
Outcome
Judgment for the Plaintiff (Executor). Declarations granted that Defendant is not entitled to receive Trust/insurance proceeds beneficially; payments to Defendant form part of the deceased's estate and are subject to debts; Plaintiff entitled to claim Trust assets for estate administration.
Legal Topics
Nomination Under Schedule 10 FSA 2013, Beneficiary Versus Executor Status, Distribution of Policy Moneys, Statutory Precedence Over Trust/policy Terms, Interpretation of Will Versus Trust
Source Language
Malay/English
Probate and Administration Trusts Insurance Law Estate Law Civil Procedure Nomination Under Schedule 10 FSA 2013 Beneficiary Versus Executor Status Distribution of Policy Moneys +2 more

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Parties

Surendran a/l Thuraisingam

Plaintiff (executor of the Estate of Kumar A/l Thuraisingam)

Selvamanickaraja a/l Manohar

Defendant (in Personal Capacity and Litigation Representative for Manogaran A/l Selvamanickaraja and Athiyiyaman A/l Selvamanickaraja)

Procedural Posture

Civil Suit (writ Summons) Concerning Probate, Trust and Insurance Proceeds / Judgment at Trial (decision Dated 07 November 2025)

Legal Issues

  1. 1 Whether payments to a nominee who is not a family member form part of the deceased policyowner's estate under paragraph 6 of Schedule 10 to the Financial Services Act 2013
  2. 2 Whether the Defendant is entitled to receive Trust (insurance policy) assets as beneficial recipient or only as executor
  3. 3 Whether the Plaintiff (Executor) is entitled to claim the Trust assets to satisfy the deceased's debts

Ratio Decidendi

The Defendant and his children are not spouse, child or parent of the deceased; therefore paragraph 6 of Schedule 10 FSA 2013 applies and any payments to them are to be received as executors, form part of the deceased's estate and are subject to settlement of debts; consequently the Plaintiff's declarations that the Defendant is not entitled to receive the Trust assets beneficially and that such payments form part of the estate were granted and the Defendant must return such payments; Schedule 10 prevails over trust or policy terms in this context.

Court Disposition

Judgment for the Plaintiff (Executor). Declarations granted that Defendant is not entitled to receive Trust/insurance proceeds beneficially; payments to Defendant form part of the deceased's estate and are subject to debts; Plaintiff entitled to claim Trust assets for estate administration.

Orders

  • Declaration under paragraph 6, Schedule 10 FSA 2013 that the Defendant is not entitled to receive the Trust assets as beneficiary
  • Declaration that any payments/Trust assets given to the Defendant form part of the deceased's estate and are subject to debts