(English) Illegitimate Child, Insurance Nomination, Evidence of Trust, Removal of Co-Administrator, Company Asset or Deceased Estate ? : Tan Kah Fatt & Tan Sin Yee V Tan Ying And Y-Teq Auto Parts (M) Sdn Bhd & Y E Motorcycles (M) Sdn Bhd V Tan Kah Fatt & Tan Ying [2021] 1 Lns 264 by Ms Lee Shet Mei (CEO Rockwills Trustee Berhad)

Total Training Duration: 3 Hours 2 mins.

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Title: Illegitimate Child, Insurance Nomination, Evidence of Trust, Removal of Co-Administrator, Company Asset or Deceased Estate Illegitimate Child, Insurance Nomination, Evidence of Trust, Removal of Co-Administrator, Company Asset or Deceased Estate

In-Depth Case Analysis: Tan Kah Fatt & Tan Sin Yee V Tan Ying And Y-Teq Auto Parts (M) Sdn Bhd & Y E Motorcycles (M) Sdn Bhd V Tan Kah Fatt & Tan Ying [2021] 1 Lns 264

Speaker: Ms Lee Shet Mei (Chief Executive Officer Rockwills Trustee Berhad)
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Webinar Outline

#01 The Law

  • To establish a trust, what are the three certainties must be proven ?
  • Does illegitimate child has right to the estate or maintenance ?

#02 Parties

  • 1 Plaintiff vs 2 Defendants in Suit 1
  • 2 Plaintiffs vs 2 Defendants in Suit 2
  • Plaintiffs’ Witnesses in Suit 1
  • Defendants’ Witnesses in Suit 1
  • Plaintiffs’ Witnesses in Suit 1
  • Defendants’ Witnesses in Suit 2
  • Estate
  • Relationship between Parties

#03 Overview of the Case

  • The Estate
  • Consolidation of two suits
  • Trial in High Court
  • Appeal in Court of Appeal

#04 Chronology of Events

  • 7 Oct 2012 - 7 Dec 2015

#05 Issues

1st issue: Whether the illegitimate daughter is entitled to the deceased’s estate?

  • Law Reform (Marriage and Divorce) Act 1976
  • Distribution Act 1958
  • Court decision

2nd issue: Whether the First Defendant ought to be removed as the co-administrator of the estate?

  • Ligar Fernandez v Eric Claude Cooke [2002] 5 MLJ 177
  • Hospital Products Ltd v United States Surgical Corporation [1984] 156 CLR 41
  • Court Decision

3rd issue: Whether there exists a trust for the following:

a. 25% of trust for the illegitimate daughter of any money or property in the deceased’s estate. Alternatively, whether the illegitimate daughter is entitled to maintenance.

  • Low Tin Yong @ Low Leong Lian v Low Yong Thua [2018] MLJU 73
  • 3 Certainties
  • Sinnaiyah & Sons Sdn Bhd v. Damai Setia Sdn Bhd [2015] 5 MLJ 1
  • Yeong Ah Chee @ Yan Hon Wah v. Lee Chong Hai & Anor and 13 Other Appeals [1994] 3 CLJ 20
  • Sean O’ Casey Patterson v Chan Hoong Poh & Ors [2011 ] 3 CLJ 722
  • Married Women and Child Maintenance Act 1950
  • Koh Lai Kiow v Low Nam Hui [2005] 7 MLJ 143
  • Interpretation Act 1948
  • Court Decision

b. The deceased’s and/or the estate of the deceased to hold the life insurance policy pay-out for and on behalf of the companies.

  • Corporate law
  • Large Amount Questionnaire
  • Tempil Perkakas v Foo Sex Hong (t/a Agrodrive Engineering ) [1996] 2 MLJ 542
  • Sim Ah Hee @ Lee Ah Hee and Anor v Affin Bank Berhad [2010] MLJU 393
  • Insurance Act 1996
  • Court Decision

c. The deceased held the three cars on trust for the benefit of the companie

  • Forgery
  • Directors’ Resolutions and Statutory Declarations
  • Herchun Singh & Ors v Public Prosecutor [1969] 2 MLJ 209
  • Evidence Act 1950
  • Court Decision

4th issue: Whether the deceased owed the company a loan of RM38,650?

  • Standard Accounting Practice
  • Court Decision

#06 Conclusions

#07 Extra Research

  • Financial Analysis of Y-Teq Auto Parts (M) Sdn Bhd (1st Plaintiff in Suit 1)
  • Financial Analysis of Y E Motorcycles (M) Sdn Bhd (2nd Plaintiff in Suit 2)
  • Insurance Nomination

#08 Points of Discussion


Your Instructor


Lee Shet Mei
Lee Shet Mei

Ms Lee Shet Mei is the Chief Executive Officer Rockwills Trustee Berhad. She was admitted as an Advocate and Solicitor of the High Court of Malaya in 1999 and was in legal practice for a decade. She is also a member of the Society of Trust and Estate Practitioners (STEP) and a Certified Financial Planner (CFP).


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