Beneficiaries unanimously agreeing to sell property can override terms of the will; law does not force acceptance of a legacy.

JUDGMENT

Roz Mawar Rozain JC:

Enc 1: Application for a Court Order for the sale of property Grant No:5999 Lot 1171 Mukim Petaling Daerah Wilayah Persekutuan and CT 15087 Lot 3418 Mukim Daerah Kuala Lumpur with the postal address No C2-07-6 Bukit OUG, Jalan Klang Lama 58000 Kuala Lumpur (said property) to Loh Poh Lie [IC No: 780927-08-5960].

Background Of Facts

[1] The deceased died testate on 21 September 1996 with the las t will executed on 29 January 1986.

[2] The grant of probate was granted by Kuala Lumpur High Court to Chandiamani and Janet Vasanthi on 6 May 1997 as a joint-executors for the said deceased's estate.

[3] The deceased had willed the whole of his estate property including the subject matter in this current application to his two sons Raj Kumar Chelliah and Rajesh Kumar Chelliah. The wordings of the will [CJ-1] are:

"I give all my Estate moveable and immoveable whatsoever and wheresoever situated unto my Executrix and Trustees of this My Will to hold the said Estate in trust for my wife for her use for life and thereafter in absolute trust for my two (2) sons, namely:

(1) RAJ KUMAR CHELLIAH

DATE OF BIRTH:- 3 October 1978 and (2) RAJESH KUMAR CHELLIAH DATE OF BIRTH:- 3 October 1978 in equal shares. "

[4] Now at this instance, the deceased's wife (the First Applicant) and also the two sons (the Beneficiaries) have agreed to sell the said property to one Lo Poh Lie (NRIC No: 780927-08-5960). They have averred that the sale would not prejudice the rights of any other persons or the interests of the Beneficiaries. The property belonged to the deceased and the First Applicant - the First Applicant holds the other half share.

Decisions Of This Court

[5] This Court considered the wishes and desires of all the parties concerned. This Court noted that there were no objections from any party here at all. In fact, all agree to dispose of the property - including the First Applicant who had affirmed and averred that she does not so wish to stay/live at the property but to sell it.

[6] The learned Counsel for the Applicants referred the decision of Rachel Mei Ling Ong & Anor v. Dato Bruno Henry Almeida, 1998 MarsdenLR 1839 where when all the beneficiaries were all of one mind and not under any legal disability, wish to extinguish the trust, it may be done. The Court had looked into the purpose and intention of the will where the trust would cease upon the beneficiaries attaining the age of majority.

In this case, the deceased had willed for the wife to remain and use the property for the rest of her life. That would surely and most certainly mean as long as she wants to and desires so.

[7] This Court is of the view that the law is not absurd enough to force an estate unto a man (or woman) against his will. So, where the First Applicant no longer wishes or desires to live on the property, the law cannot be used to impose it. This Court is guided by the Court of Appeal's decision in The Court of Appeal in the case of Pemungut Duti Setem v. Lee Koy Eng (as administrator for the estate of Tan Kok Lee @ Tan Chin Chai, deceased), [2022] 2 MLJ 453 held as follows:

"A beneficiary of an estate could not be forced to accept a legacy, and if the beneficiary expressed his intention to renounce his entitlement to the deceased's estate, then the legacy shall, for all intents and purposes, be treated as never having belonged to him. In the present case, the deceased's estate never passed to his children as they had refused to accept the estate ab initio via the DFA. As a result, no part or portion of the estate came into their possession or ownership. Consequently, the High Court decided that when the children disclaimed their respective one-third entitlements under s 6(1)(e) of the DA, the estate of their late father flowed, by operation of law, to the remaining beneficiary, namely, the respondent (see paras 38-40)".

Conclusion

[8] In the circumstances that the First Applicant and also the Beneficiaries are all like-minded to dispose of the property, t