The Federal Court in a recent landmark ruling Tan Kah Fatt and another v Tan Ying [2023] 1 LNS 63, reversing the decisions of both the High Court and Court of Appeal, held unanimously on 18 January 2023 that an illegitimate issue of a deceased parent is entitled to inherit from the deceased parent’s estate under sections 3 and 6 of the Distribution Act 1958 (“DA 1958”).
The decision came in response to a case where Tan Sin Yee who had been denied inheritance rights after her father passed away without leaving a will. The case centered around the inheritance of the late Tan Kah Yong (“TKY“). When TKY passed away in 2012, he did not leave a will, leading to a legal dispute between his children over the distribution of his assets. Tan Sin Yee, who was born out of wedlock, was denied a share of her father’s estate under the DA 1958, which governs inheritance matters for non-Muslims. However, she argued that she was entitled to a share of her father’s estate, just like her legitimate siblings.
The case went to the Federal Court, Malaysia’s highest court, which ultimately ruled in favor of Tan Sin Yee. The Federal Court held that an illegitimate child of a non-Muslim is entitled to inherit from their deceased parent, just like a legitimate child, even if no will was left. The ruling was widely praised by legal experts and child rights advocates, who see it as a significant step towards ending discrimination against illegitimate children in Malaysia. It also underscores the importance of making a will to ensure that one’s wishes for the distribution of assets are clearly documented, regardless of whether one has legitimate or illegitimate children. The case highlights the complex legal issues surrounding inheritance in Malaysia, where different laws apply to Muslims and non-Muslims. It also underscores the importance of ensuring that the legal system is fair and just for all Malaysians, regardless of their background or circumstances.
In conclusion, the recent Federal Court ruling in Malaysia represents a significant victory for the rights of illegitimate children of non-Muslims. It provides much-needed clarity on the legal status of such children and ensures that they are treated equally under the law. The ruling also underscores the importance of making a will to ensure that one’s wishes are properly documented and respected, regardless of whether one has legitimate or illegitimate children. It is a positive step towards creating a fairer and more just legal system in Malaysia.
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