Abidally v Husain: Enforceability of Agreement to Distribute Estate Differently from Muslim Law
In Husain Safdar Abidally v Shiraz Abidally Husain, the High Court of Singapore addressed a dispute among the children of Abidally Abdul Husain regarding the distribution of his estate. The plaintiff, Husain Safdar Abidally, challenged the enforceability of an agreement to distribute the deceased's joint accounts equally among the siblings, deviating from Muslim law. The court, presided over by Justice Kan Ting Chiu, ruled in favor of the plaintiff, holding that the agreement to distribute all the money in the joint accounts equally was not the same as an agreement to distribute two thirds of the money in the joint accounts equally, and therefore the money in the joint accounts should be distributed in accordance to Muslim law. The claim was regarding the distribution of the deceased's estate.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for the plaintiff.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court addressed whether an agreement among siblings to distribute their deceased father's estate equally, deviating from Muslim law, was binding. The court found the agreement unenforceable.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Husain Safdar Abidally | Plaintiff | Individual | Won | Won | |
| Mrs Salma Moiz nee Salma d/o Abidally Abdul Husain | Defendant | Individual | Lost | Lost | |
| Shiraz Abidally Husain alias Shiraz Abidally Abdul Husain | Defendant | Individual | Lost | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kan Ting Chiu | Judge | Yes |
4. Counsels
4. Facts
- Abidally Abdul Husain died on 16 May 2003.
- The deceased had a will dated 13 January 1992 and a letter of wishes dated 5 November 2000.
- The letter of wishes stated that the cash balance in the joint accounts should be distributed equally among his six children.
- The deceased's will made bequests of one third of his property to his grandchildren and some other persons.
- The plaintiff objected to the equal distribution of the money and asserted his right to his entitlement under Muslim law.
- The siblings agreed on 18 May 2003 to comply with the letter of wishes and accepted the equal distribution of all the money made on the next day.
5. Formal Citations
- Husain Safdar Abidally v Shiraz Abidally Husain alias Shiraz Abidally Abdul Husain and Another, OS 573/2005, [2006] SGHC 174
6. Timeline
| Date | Event |
|---|---|
| Will dated | |
| Letter of wishes executed | |
| Abidally Abdul Husain died | |
| Letter of wishes discovered | |
| Will discovered and money distributed | |
| Plaintiff objected to equal distribution | |
| Plaintiff's affidavit | |
| Judgment reserved |
7. Legal Issues
- Enforceability of Agreement
- Outcome: The court held that the agreement to distribute all the money in the joint accounts equally was not the same as an agreement to distribute two thirds of the money in the joint accounts equally, and therefore the money in the joint accounts should be distributed in accordance to Muslim law.
- Category: Substantive
8. Remedies Sought
- Declaration
- Distribution of Estate
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Civil Litigation
- Estate Planning
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Letter of Wishes
- Muslim Law
- Joint Accounts
- Estate Distribution
- Agreement
- Syariah Law
15.2 Keywords
- Muslim Law
- Estate
- Agreement
- Distribution
- Letter of Wishes
17. Areas of Law
16. Subjects
- Estate Law
- Muslim Law
- Contract Law