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KALWANT SINGH UJAGAR SINGH & ANOR v. JASWANT KAUR UJAGAR SINGH & ORS
Federal Court, Putrajaya
Tengku Maimun Tuan Mat CJ, Rohana Yusuf PCA, Nallini Pathmanathan, Zabariah Mohd Yusof, Harmindar Singh Dhaliwal FCJJ
[Civil Appeal No: 02(f)-11-02-2020(W]
11 February 2022
[2022] 4 MLRA 27

JUDGMENT

[1] The appellants/defendants were granted leave to appeal to the Federal Court on the following single question of law:

"Where a testator by his will creates a trust over the whole of his estate and devises and bequeaths the same to his trustee whilst specifically excluding his heirs at law as beneficiaries of his estate, does the absence of a residuary clause result in a partial intestacy over any part of the said estate?"

[2] After hearing the submissions of the parties and due consideration of the written submissions of the same, we unanimously answered the question in the negative and allowed the appeal. We hereby provide our reasons for the said decision.

[3] In this judgment, parties shall be referred to as they were, in the High Court.

Background

[4] The 1st-4th plaintiffs and the 1st-2nd defendants are the lawful children to Ujagar Singh (Ujagar) and Nihal Kaur (Nihal).

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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