TAN KAH FATT & 1 lagi TAN YING

TAN KAH FATT & 1 lagi TAN YING

On the evidence and applicable law the appellants failed to prove on the balance of probabilities that the insurance policy, its proceeds or the three vehicles were held on trust for the companies or that a 25% trust in favour of the illegitimate child existed; contemporaneous documents were ambiguous or inconsistent, required company formalities were absent, statutory declarations were not properly proved and hearsay dominated the trust evidence; the Distribution Act excludes illegitimate succession and the trial judge’s adverse credibility findings and factual conclusions were not displaced on appeal; removal of the administrator for conflict of interest was properly ordered.

Citation
1. B-02(NCvC)(W)-1091-05/2018, 2.B-02(NCvC)(W)-1162-05/2018 (Mahkamah Rayuan)
Parties
1st Appellant (also 1st Defendant in Suit 1; 1st Respondent in Appeal 1162): Tan Kah Fatt; 2nd Appellant (2nd Defendant in Suit 1): Tan Sin Yee; Respondent (plaintiff in Suit 1; 2nd Respondent in Appeal 1162): Tan Ying; 1st Appellant (plaintiff in Suit 2): Y-Teq Auto Parts (M) Sdn Bhd; 2nd Appellant (plaintiff in Suit 2): Y E Motorcycles (M) Sdn Bhd
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
8 May 2019
Case Number
1. B-02(NCvC)(W)-1091-05/2018, 2.B-02(NCvC)(W)-1162-05/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeals From High Court (probate, Trusts, Company and Succession Disputes) / Court of Appeal Hearing of Appeals From High Court Decision Dated 24/4/2018; Grounds of Decision Issued 22/02/2021
Outcome
Both appeals dismissed; High Court decision dated 24/4/2018 affirmed
Legal Topics
Removal of Administrator for Conflict of Interest, Creation and Proof of Trust (three Certainties), Entitlement to Insurance Proceeds Without Nomination, Validity and Formalities of Company Resolutions, Admissibility of Statutory Declarations and Hearsay, Rights of Illegitimate Children to Succession, Jurisdiction for Maintenance Claims Under MWCA
Source Language
Malay/English
Probate and Administration Trusts and Equitable Remedies Insurance Law Company Law Succession Law Family Law Evidence and Civil Procedure Removal of Administrator for Conflict of Interest +6 more

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Parties

Tan Kah Fatt

1st Appellant (also 1st Defendant in Suit 1; 1st Respondent in Appeal 1162)

Tan Sin Yee

2nd Appellant (2nd Defendant in Suit 1)

Tan Ying

Respondent (plaintiff in Suit 1; 2nd Respondent in Appeal 1162)

Y-Teq Auto Parts (M) Sdn Bhd

1st Appellant (plaintiff in Suit 2)

Y E Motorcycles (M) Sdn Bhd

2nd Appellant (plaintiff in Suit 2)

Procedural Posture

Civil Appeals From High Court (probate, Trusts, Company and Succession Disputes) / Court of Appeal Hearing of Appeals From High Court Decision Dated 24/4/2018; Grounds of Decision Issued 22/02/2021

Legal Issues

  1. 1 Whether the deceased purchased the insurance policy and held its proceeds on trust for the companies
  2. 2 Whether three motor vehicles were held on trust by the deceased for the company
  3. 3 Whether a trust in favour of the illegitimate child (25% of estate) was validly created

Ratio Decidendi

On the evidence and applicable law the appellants failed to prove on the balance of probabilities that the insurance policy, its proceeds or the three vehicles were held on trust for the companies or that a 25% trust in favour of the illegitimate child existed; contemporaneous documents were ambiguous or inconsistent, required company formalities were absent, statutory declarations were not properly proved and hearsay dominated the trust evidence; the Distribution Act excludes illegitimate succession and the trial judge’s adverse credibility findings and factual conclusions were not displaced on appeal; removal of the administrator for conflict of interest was properly ordered.

Court Disposition

Both appeals dismissed; High Court decision dated 24/4/2018 affirmed

Orders

  • Appeal B-02(NCvC)(W)-1091-05/2018 dismissed with costs of RM15,000 to the Respondent subject to allocatur; High Court decision dated 24/4/2018 affirmed
  • Appeal B-02(NCvC)(W)-1162-05/2018 dismissed with costs of RM15,000 to the Respondents subject to allocatur; High Court decision dated 24/4/2018 affirmed