Deviation Clause (L) & (M)

Clause (l)-All residues will be distributed according to the intestacy rule after deducting ½ share
to Baby Bud.
Validity:Intestacy rule only applies when there is no valid will or the testator did not specifically
mentioned regarding the parts of the will.In respect of residue by having a will that contains a
residuary clause that is to be taken by the residuary beneficiary, it will prevent the assets from
being distributed according to intestacy rules.Moreover,Baby bud shall be treated as a legitimate
child after the marriage of Mr.Thorne and Mdm Lily.Since Baby Bud is not born yet and such
did not obtain an age of majority,he shall not entitled to the said property
Justification 1 :Section 3 of the distribution act stated that where there is a situation where a
person dies without leaving a will and it includes a person who leaves a will but dies intestate as
to some beneficial interest in his property.This section also provides for limited circumstances in
which an illegitimate child could inherit from his parents’ estate
Justification 2 :Section 19 of the Wills Act stated that where there is no residuary clause, the
residuary estate goes on to intestacy and be distributed under the Distribution Act 1958.
Justification 3 :David Wee Eng Siew v Lim Lean Seng & Anor [2018] Supp MLJ:the court
explained in the event when there is a residuary clause in a will, the residue falls within such
clause and to be distributed according to what testator intended for whom the residue is to be
given.Thus, the rules of intestacy will not comes in picture provided that there is a residuary
clause in the will but if no such clause, it shall be passed on intestate.
Justification 4 :Section 2 of Wills Act 1959 stated that the beneficiary must be at the age of
majority in order to hold the property
Justification 5 :Gosling v Gosling (1859) 70 ER 423 , the doctrine stated that all persons who
attain the age of twenty-one can enter upon the absolute use and enjoyment of the property given
to them by a will. In Re Estate of Yong Wai Man, Ex P Yong Khai Min [1994] 3 MLJ 514, the
court held that the residue of the estate to the beneficiary appears to differ the handling of residue
due to the beneficiary of an estate being minors.
Application:As can be seen in this situation,it was stated that all residues will be distributed
according to the intestacy rule after deducting ½ share to Baby Bud.The residue in question is
that The Bungalow and The Mpv.The main purpose of drafting a will is to prevent the rule of
intestacy from being applied to prevent the assets from being distributed according to such rules
as the balance of the residue shall given to baby bud.The illegitimacy of Baby Bud can be
squashed through the subsequent marriage of his parents, Mr. Thorn and Mdm. Lily. However,
Mr. Thorn and Mdm. Lily needs to ensure that their marriage is registered under the Law Reform
(Marriage and Divorce Act) 1976 .Moreover,Mr.Thorne who is a testator under the meaning of
section 2 of Wills Act 1959, can appoint a guardian and trustees for her daughter. When Baby
has attained the age of majority, the guardian and trustees can transfer the said residual property
to the Baby Bud. In such, Baby Bud can only receive the said property when he reaches the age
of majority.
Proposed solution:”All residue of these properties that is the said bungalow and the Mpv shall be
distributed to Baby Bud and shall be hold by a guardian until he reaches the age of majority
Clause (m)-I appoint Mdm. Rose as my executrix. In the event she renounces the office of
executrix, Mdm. Lily has the power to appoint a new personal representative.
Validity:The clauses in the will that stated that there is only one executrix that is Mdm rose shall
be considered invalid.This is because,Section 4(2) of the Probate and Administration Act 1959
had mentioned that there should be at least two executor/executrix as there is a minor in the
beneficiary list and in this case,there shall be two of them that is Sunny and Baby Bud.Daisy that
is 20 years old shall not be regarded as a minor in this matter
Justification 1 :Section 2 of the Probate and Administration Act 1959 gives the definition to
the word ‘executor’ as a person who needs to act as an administrator of a property
Justification 2 :Section 3(2) of the Probate and Administration Act 1959 stated regarding the
appointment of an executor that can be done expressly or impliedly.
Justification 3 :In the Goods of Blackwell,the statement “one of my sisters is my sole executrix”
was deemed vague due to the failure in identifying which of the three sisters was intended
Justification 4 :Section 4(2) of the Probate and Administration Act 1959 where it was stated
that there must be not less than two individuals of an executrix in the event of a minor is a
beneficiary in the codicil.
Justification 5: Section 4(3) of the Probate and Administration Act 1959 stated that on the
event If there is only one personal representative (not being a trust corporation) then, during the
minority of a beneficiary or the subsistence of a life interest, and until the estate is fully
administered, the Court may appoint in accordance with rules of court one or more personal
representatives in addition to the original personal representative.
Application: The main of this provision is to protect the interest of the minor age beneficiaries.
In this provision it states that the grant administration can be granted to one individual provided
that the Court may in its discretion and for such special reasons as it may think fit grant
administration to one individual.As can be applied to in Mr Thorn situation,it shall be presumed
in the facts that there is no special reasons provided for the reason of there being only one
executrix. Thus, the executor/executrix of Mr Thorn’s will shall be granted to not less than two
individuals and also not more than four individuals as been mentioned in Section 4(1) of the
Probate and Administration Act 1959.Moreover,it is better to include two executors in matters
where there are minor beneficiaries in the will. Otherwise, the subsequent appointment will be
done by the Court in accordance to Section 4(3) of the Probate and Administration Act 1959
Proposed solution:I appoint Mdm Lily and Mdm Rose as the executor and if either one of them
renounces the office of executor, Uncle Thin has the power to appoint a new personal
representative.

Deviation Clause (L) & (M)

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Clause (l)-All residues will be distributed according to the intestacy rule after deducting ½ share

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