FAUSTINA ANNE STA MARIA vs MARY PATRICIA DE CRUZ

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 MarsdenLR 2115

COURT OF APPEAL PUTRAJAYA
FAUSTINA ANNE STA MARIA – Appellant
Versus
MARY PATRICIA DE CRUZ – Respondent

Petitioner Advocates:Cedric Nigel Miranda,Lina Paramasweran ,Respondent Advocate: Mavinthra Jothy Thillainathan,Amitaesh Theva

Table of Content
1. appellant's claims regarding estate distribution. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. appellant's grounds of appeal focus on locus standi. (Para 8 , 9)
3. analysis of intestate succession and beneficiary rights. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33)
4. rights of beneficiaries under intestacy and trust for conversion. (Para 34 , 35)
5. final decision on the appeal. (Para 36)

Azizul Azmi Adnan JCA:

Introduction

[1] The appellant in this case commenced an originating summons against her sister-in-law seeking orders, among others, to declare that the respondent was not entitled to file a petition for the distribution of the estate of the appellant's late husband and for the appellant to be declared the sole heir to his estate.

Material Background Facts

[2] The appellant, Madam Faustina Sta Maria, was the estranged wife of Mr Eric De Cruz, who has since passed away. They had no children. The respondent, Madam Mary De Cruz, is one of the four sisters of Mr De Cruz.

[3] Prior to his death, Mr De Cruz filed a divorce petition. He died intestate before the petition was determined.

[4] Mr De Cruz died

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2023 MarsdenLR 2115

COURT OF APPEAL PUTRAJAYAFAUSTINA ANNE STA MARIA – AppellantVersusMARY PATRICIA DE CRUZ – Respondent

Cases Referred (5)

COURT OF APPEAL PUTRAJAYA
FAUSTINA ANNE STA MARIA – Appellant
Versus
MARY PATRICIA DE CRUZ – Respondent