7/30/2019 ss Tuto 6

1/2

1. Whether the deceased entitled the whole of his first wifes property?

The deceased, Kong Siew Chong was not entitled to the whole of the first wifes

property. The deceased was granted letters of administration on 8th

October 1974 and

it was issued to him on 27th January 1977. The estates of Ng, Kongs deceased first

wife, only consisted of a landed property situated in Jalan Pahang, KL.

According to the old distribution law, S 6(1)(i) stated that Kong should be the

sole beneficiary of the property. The property was then transferred and registered in

the name of Kong as representative. Nonetheless, Kong died on 9th

July 1990 without

completing the transfer of the property into his own name. HSBC(M) Trustee Berhad,

the applicant, made an application to the High Court for the grant of letters of

administration de bonis non in respect of the first wifes estate. As Kong was granted

administration of the estate, but died without completing administration, Kong was

not entitled to the whole of his deceased wifes property because he was too slow to

take steps as an administrator to transfer the property. Had he done so, the distribution

of the estate would have been proceeded as if the 1997 Act had not been passed, that

is, Kong would then received the whole of the property according to the unamended s

6(1)(i) of the Distribution Act 1958.

The distribution of the estate of the deceased who died intestate, according to s

4 of the 1997 Act, is deemed to have commenced on the date in which steps had been

taken by the administrator to transfer the property. Since no steps had been taken to

transfer the property, the distribution shall be in accordance with the provision of the1997 Act. Kong was entitled to only 1/3 of the legal beneficial interest in the property.

The four children were entitled to 2/3 of it.

Meaning of Distribution

Justice Kamalanathan referred to Soundara Achi v Kalyani Achi & Ors [1955]

MLJ 147 and concluded that commencement of distribution of property does not start

with the grant of letters of administration. The word distribution in the context of s 4

of the 1997 Act means it refers to the commencement of a step required to effect the

actual transfer of the property. The learned judge opined that distribution of landrequires a lengthy process. It includes the signing of the memorandum of transfer by

administrator, lodgment of the duly executed transfer with the certificate of title and

the actual registration of the title in the Registrar of Titles. The learned judge further

stated that distribution of land should be deemed to have commenced as soon as an

immediately registrable instrument is available, that is, when the transfer is executed

with the administrators signature.

Meaning of Property

The learned judge held that the word property in s 4 of the 1997 Act should

be construed as referring to the specific assets as comprising the partially

7/30/2019 ss Tuto 6

2/2

administered estate. (After the payment of the deceaseds debts, funeral and

testamentary expenses.)

According to the learned judge, property in s 4 of the 1997 Act should be

taken as part of the assets of the estate. The preamble to the Distribution Act 1958

stated that it is an Act relating to the law of distribution of intestate estate, while s 4

of the 1997 Act is a provision which regulates the distribution of moveable and

immoveable property. But the meanings of estate and property are not defined in both

the Acts.

2. Whether steps are taken by administrator to distribute assets before thecommencement of the Distribution (Amendment Act 1997)?

The answer is no. The deceased was granted letters of administration by the courtand it was issued to him on 27

thJanuary 1997. However, the deceased died before the

property was properly transferred to his name.

The judge stated that the distribution of the estate of a deceased who died intestate,

shall be in accordance to s 4 of the 1997 Act that it is taken to have commenced on

the date where steps have been taken by the administrator who was granted the letter

of administration to transfer or distribute part of the assets of the estate as if the 1997

Act had not been passed. If no steps had been taken, then the distribution of the part

of the assets of the estate shall follow the 1997 Act.

Since the deceased did not take the necessary steps, he was not entitled to the

whole of the property. The court decided that the children of Kong are entitled to have

the priority to petition for the letter of administration de bonis non.