KIRANJIT KAUR A/P JAGJIT SINGH THAMABALASINGAM @ THANABALASINGAM

KIRANJIT KAUR A/P JAGJIT SINGH THAMABALASINGAM @ THANABALASINGAM

Because the defendant's nomination under the Prudential policy was made after the deceased's marriage, Schedule 10 paras 5(1) and 6(1) FSA 2013 apply so the nominee received policy moneys as executor/trustee forming part of the estate; exercising broad powers under O 80 r 2 ROC 2012 and inherent jurisdiction the court ordered realisation of funds, reimbursement, specified sales and interim and final distributions and dismissed counterclaims not properly connected or procedurally brought.

Citation
WA-24NCvC-980-05/2021 (Mahkamah Tinggi)
Parties
Plaintiff (widow and Joint Administrator): KIRANJIT KAUR A/P DR JAGJIT SINGH; Defendant (father and Joint Administrator): THAMABALASINGAM @ THANABALASINGAM
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 April 2022
Case Number
WA-24NCvC-980-05/2021 (Mahkamah Tinggi)
Procedural Posture
Originating Summons Under Order 80 Rule 2 (administration of Estate) / Judgment (final Directions and Orders After Hearing)
Outcome
Originating Summons allowed in part and certain counterclaims dismissed; detailed directions and orders made for realisation, distribution, reimbursements, sale and transfer of titled property; costs awarded to plaintiff
Legal Topics
Nomination Under Life Insurance (fsa Schedule 10), Interim Distribution of Estate Assets, Powers of Court Under O 80 R 2 ROC 2012, Joint Administrators Duties and Disputes, MRTA Application to Mortgage Debt, Co Proprietorship and Occupation Rights, Reimbursement of Outgoings
Source Language
Malay/English
Probate and Administration Insurance Law Trusts and Estates Property Law Civil Procedure Family Law Nomination Under Life Insurance (fsa Schedule 10) Interim Distribution of Estate Assets +5 more

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Parties

KIRANJIT KAUR A/P DR JAGJIT SINGH

Plaintiff (widow and Joint Administrator)

THAMABALASINGAM @ THANABALASINGAM

Defendant (father and Joint Administrator)

Procedural Posture

Originating Summons Under Order 80 Rule 2 (administration of Estate) / Judgment (final Directions and Orders After Hearing)

Legal Issues

  1. 1 Whether Prudential life policy proceeds paid to defendant as nominee form part of the deceased's estate or are payable to him personally
  2. 2 Whether ING and AIA policy proceeds form part of the estate or are payable to named beneficiaries
  3. 3 Whether MRTA proceeds must be applied to the housing loan and how residual loan liability is apportioned

Ratio Decidendi

Because the defendant's nomination under the Prudential policy was made after the deceased's marriage, Schedule 10 paras 5(1) and 6(1) FSA 2013 apply so the nominee received policy moneys as executor/trustee forming part of the estate; exercising broad powers under O 80 r 2 ROC 2012 and inherent jurisdiction the court ordered realisation of funds, reimbursement, specified sales and interim and final distributions and dismissed counterclaims not properly connected or procedurally brought.

Court Disposition

Originating Summons allowed in part and certain counterclaims dismissed; detailed directions and orders made for realisation, distribution, reimbursements, sale and transfer of titled property; costs awarded to plaintiff

Orders

  • Prudential policy proceeds RM286,764.27 held by defendant declared part of estate and payable to estate (Prudential sum adjusted to RM286,764.27)
  • ING Prime Life proceeds RM55,681.55 held in estate declared part of estate and ordered distributed to four beneficiaries equally within two weeks