XXXX 1. ) SARJIT SINGH A/L HARJAN SINGH 2. ) Jasmare Kaur A/p Dial Singh 3. ) Amanah Raya Berhad

XXXX 1. ) SARJIT SINGH A/L HARJAN SINGH 2. ) Jasmare Kaur A/p Dial Singh 3. ) Amanah Raya Berhad

The Court held the High Court correctly appointed Amanah Raya Berhad as trustee to hold the RM40,000 for the estate of Kartar Singh. The will did not require payment to Kartar Singh during his lifetime or that the gift be received by him personally; on his death the sum became an asset in respect of which a trustee could be appointed under Order 80 and s11 Akta 532 to effect the testator's intention. Consequently the condition was effectively satisfied by payment to the appointed trustee and the devise under clause 5 should be implemented. Appeal dismissed.

Citation
W-01(NCvC)(A)-26-01/2019 (Mahkamah Rayuan)
Parties
Appellant: Tulasi Bhaljit Singh; Respondent First: Sarjit Singh a/l Harjan Singh; Respondent Second: Jasmare Kaur a/p Dial Singh; Respondent Third: Amanah Raya Berhad
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
11 January 2021
Case Number
W-01(NCvC)(A)-26-01/2019 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (probate and Trust) / Appeal to Court of Appeal From High Court Decision
Outcome
Appeal dismissed; High Court decision affirmed
Legal Topics
Construction of Will, Condition Precedent, Appointment of Trustee, Residuary Estate, Order 80 Kaedah Kaedah Mahkamah 2012, Amanah Raya Appointment Under Akta 532
Source Language
Malay/English
Wills and Probate Trusts and Trustees Succession Law Civil Procedure Construction of Will Condition Precedent Appointment of Trustee Residuary Estate +2 more

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Parties

Tulasi Bhaljit Singh

Appellant

Sarjit Singh a/l Harjan Singh

Respondent First

Jasmare Kaur a/p Dial Singh

Respondent Second

Amanah Raya Berhad

Respondent Third

Procedural Posture

Civil Appeal (probate and Trust) / Appeal to Court of Appeal From High Court Decision

Legal Issues

  1. 1 Whether the requirement to give RM40,000 to Kartar Singh was a condition precedent requiring payment in his lifetime
  2. 2 Whether, on Kartar Singh's death, the RM40,000 could be held by a trustee (Amanah Raya Berhad) for his estate and thus enable transfer of the property to the devisees
  3. 3 Whether the High Court erred in appointing ARB as trustee under Order 80 and s11 Akta 532

Ratio Decidendi

The Court held the High Court correctly appointed Amanah Raya Berhad as trustee to hold the RM40,000 for the estate of Kartar Singh. The will did not require payment to Kartar Singh during his lifetime or that the gift be received by him personally; on his death the sum became an asset in respect of which a trustee could be appointed under Order 80 and s11 Akta 532 to effect the testator's intention. Consequently the condition was effectively satisfied by payment to the appointed trustee and the devise under clause 5 should be implemented. Appeal dismissed.

Court Disposition

Appeal dismissed; High Court decision affirmed

Orders

  • Appeal dismissed
  • Costs of RM10,000 awarded to respondents 1 and 2, subject to taxation