Professional Documents
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BRIEF FACTS.
Settlor dies before the hearing of appeal. The trust no more exists. He dies
intestate. Meaning there is a will but no executor named. There are no
next of kin.
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The other two plaintiffs (trustees) are applying for a probate action.
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O. 15 R 7 OF RULES OF COURT.
SITUATION 1: JOINT ACTION.
Where the course of action survives and one of several plaintiffs dies and
the action is a joint one, the surviving plaintiff may continue the action
without adding the personal representatives of the deceased plaintiff.
SITUATION 2: NON-JOINT ACTION.
If the course of action is not a joint one, the personal representative of the
deceased plaintiff may obtain an order to carry on the proceedings.
APPEAL MATTERS.
1)
Case in point: FOO NGIT TSE V YEW CHEE SEONG [1934] MLJ 204
Before the memorandum of appeal was filed he died. The Will named the
Applicant and Foo Yin Chiew as Executors. There was insufficient time to prove
the Will and extract probate before the date for filing the memorandum of appeal.
The Applicant applied for an order that the proceedings in the Appeal might be
carried on and prosecuted by the Applicant and Foo Yin Chiew as personal
representatives of the deceased in like manner as such proceedings might have
been carried on and prosecuted by the deceased plaintiff-appellant if he had not
died, and for an order substituting the names of the Executors in place of that of
the deceased plaintiff-appellant and amending the proceedings accordingly.
2)
When the Settlor dies intestate, then hes interest devolve or vest
temporarily in the official administrator.