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2020 MarsdenLR 89

HIGH COURT MALAYA SHAH ALAM
LEE KOY ENG – Appellant
Versus
PEMUNGUT DUTI SETEM & ANOTHER APPEAL – Respondent


Petitioner Advocates:Teaw Zhen Yang ,Respondent Advocate: Marvianna Zainol Revenue

JUDGMENT

(2 Appeals)

Wong Kian Kheong J:

A. Background

[1] The late Mr Tan Kok Lee@ Tan Chin Chai (Deceased) died intestate on 17 May 2018 and left three beneficiaries, namely:-

(1) the Deceased's widow who is the appellant (Appellant) in the above two appeals (2 Appeals); and

(2) two children of the Deceased, Mr Tan Chun Keat (Mr Tan) and Ms Tan Kai Hui (Deceased's 2 Children).

[2] On 8 August 2018, the Appellant and Mr Tan had been appointed by the Shah Alam High Court as co-administrators of the Deceased's estate (Estate).

[3] In view of the Deceased's intestacy, s 6(1)(e) of the Distribution Act 1958 ( DA ) provides that the Appellant and the Deceased's 2 Children shall each have one-third of the Estate.

[4] The Estate consists of, among others, the Deceased's interest in five pieces of land [Deceased's Interest (5 Properties)].

[5] The Appellant and Deceased's 2 Children executed a "Deed of Family Arrangement" on 2 October 2018 (Deed). According to clause 1 of the Deed (Clause 1), the Appellant and Deceased's 2 Children agreed to distribute, among others, the Deceased's Interest (5 Properties) to the Appellant only. In other words, the Deceased's 2 Children renounced in Clause 1 their


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