18 Jan 2023
XXXX TAN YING
- Citation
- 02(f)-82-10/2019(B) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-82-10/2019(B) (Mahkamah Persekutuan)
The Federal Court held that the term 'issue' in section 6 Distribution Act 1958 is expansive and includes the natural lineal descendants of the intestate irrespective of formal legitimacy; therefore the second appellant, being an issue of the deceased, is entitled to inherit. In addition, on the facts section 75(2) Act 164 applied because there was evidence of reasonable belief in the validity of the customary marriage, rendering the child legitimate for succession. The removal of the first appellant as co-administrator was not justified because the court failed to weigh the welfare and inter…