A nominee's entitlement to assets of a non-Muslim deceased under applicable regulations prevailing over claims from estate administrators.

JUDGMENT

Ahmad Shahrir Mohd Salleh J:

(Enclosure 27)

Introduction

[1] This is an application by the defendant under O 14A and O 33 rr 2 and 5 of the Rules of 2012 to determine three questions of law. The three questions of law are as follows:

(a) whether the defendant is under any legal obligation to surrender to the plaintiff or the beneficiaries of the estate of the deceased, the EPF contribution of the deceased who was a non-Muslim which was received by the defendant as a nominee,

(b) whether the defendant is under any legal obligation to surrender to the plaintiff or the beneficiaries of the estate of the deceased, the saving sand dividends of the deceased who was a non-Muslim which have been paid to the defendant as a nominee by the Koperasi Angkatan Tentera Malaysia Berhad ("KATMB"),

(c) whether the plaintiff has the locus standi to claim from the defendant as part of the estate of the deceased the EPF contributions and monies paid by the Malaysian Armed Forces Co-Operative to the defendant.

[2] If the answers to all three questions of law are in the negative, the defendant prays for the plaintiff's claim be summarily dismissed and the defendant's counter-claim be allowed.

Brief Background Facts

[3] The plaintiff was married to the deceased. During his lifetime, the deceased was a member of the armed forces. The defendant is the nephew of the deceased.

[4] The relationship between the plaintiff and the deceased became estranged and eventually the deceased moved out of the matrimonial home sometime towards the end of 2017.

[5] Prior to his demise, the deceased named the defendant as the nominee for the savings and monies he was entitled to under the KATMB. The deceased also named the defendant as the nominee for his Employees Provident Fund (EPF) account. The deceased also received certain payment of compensation from YTL Power Services Sdn Bhd pursuant to a voluntary separation scheme (VSS).

[6] On 9 May 2020, the deceased died intestate. The plaintiff was later appointed as the administrator of the estate of the deceased pursuant tothe Grant of Letters of Administration dated 21 March 2021.

[7] In administering the estate of the deceased, the plaintiff discovered:

(a) that the balance in the deceased's EPF account has been credited into the defendant's account as the nominee,

(b) that the accumulated balance of the deceased's savings and monies in the KATMB has been credited into the defendant's account as the nominee,

(c) that the payment of compensation from YTL Power Services Sdn Bhd pursuant to the VSS has been paid into the deceased's CIMB Bank Berhad Account No: 098-001-043641117 and subsequently the deceased transferred it to his account at the KATMB.

[8] Despite attempts by the plaintiff to recover from the defendant the above assets of the deceased, the defendant refused to return the assets or disclose its where about. On 18 March 2022, the plaintiff commenced an action against the defendant claiming for the following reliefs:

(a) for a declaration that the deceased's monies in his EPF account, the KATMB and the payment of compensation from YTL Power Services Sdn Bhd pursuant to a voluntary separation scheme form part of the estate of the deceased,

(b) for an order directing the defendant to disclose and provide full particulars of the assets of the deceased which the defendant has received or taken,

(c) for an order that the defendant do return to the plaintiff the assets of the deceased,

(d) for an injunction to restrain the defendant, his representatives or agent from disposing, dealing with or diminishing the assets of the deceased which the defendant has received or taken pending the disposal of the action,

(e) for the defendant to account for and pay all profits derived out of the use and expense of the assets of the deceased, and

(f) cost.

[9] On 31 May 2022, the plaintiff successfully obtained a Mareva injunction against the defendant on an inter parte basis. On 10 June 2022, the defendant filed the present application to det