164 Court ruled illegitimate child entitled to portion of deceased father's estate 联邦法院裁决私生子女有权共享父亲遗产
This is a ruling that affects illegitimate child of a non Muslim father that died without a Will.
Court: Illegitimate child entitled to portion of deceased father's estate (https://www.malaysiakini.com/news/652119)
Mahkamah Persekutuan: Anak luar nikah bukan Islam berhak warisi pusaka mendiang bapa (https://www.malaysiakini.com/news/652123)
In this ruling, Federal Court ruled the word "issue" should cover a child regardless of whether he / she is a legitimate or illegitimate child.
This is different from what I have been trained. I remember illegitimate child can only claim from his / her mother, but not father. But just now when I googled again, it seems like there is another additional requirement, and that is the mother does not has other legitimate child.
On this point, I think I want to pose few questions to Trustee during the next training.
- How will the ruling affects the past and future cases of without Will?
- Will the ruling affect cases with Will? Let's say a testator has legitimate and illegitimate children, and in his Will he just write "children" to inherit his estate.
- During such court case, does all estate being frozen until there is ruling? This is considering the case was brought up in 2015, about 7-8 years for the final ruling.
* * * * * LINE SEPARATOR * * * * *
这个是一项影响没立下遗嘱的非穆斯林父亲的私生子女的判决。
Court: Illegitimate child entitled to portion of deceased father's estate (https://www.malaysiakini.com/news/652119)
Mahkamah Persekutuan: Anak luar nikah bukan Islam berhak warisi pusaka mendiang bapa (https://www.malaysiakini.com/news/652123)
在本判决仲，联邦法院裁定“子嗣”一词必须包括与已故父母有血缘关系的孩子，无论孩子是否合法。
这和我所被教导的有点儿不同。我记得私生子女只能索取亲生母亲的遗产，父亲的不能。但是我刚刚谷歌了一下，原来这里边儿还有一个条件，那就是该名母亲不可有其他的合法子女。
看来，下次有课程的话，我得问问信托公司。
- 如此的裁决会如何影响过往以及未来的無遗嘱案件？
- 如此的判决会影响有遗嘱的案件嗎？假设说立遗嘱者同时有着合法以及私生子女，而遗嘱只写“子女”可继承财产。
- 在这样的法庭案件仲，是否全部的财产都被冻结呢？毕竟本案是从2015年开始，也一直进行了7-8年才下最后判决。
