AAG v Estate of AAH: Illegitimate Child's Claim for Maintenance Under Inheritance Act

In AAG v Estate of AAH, the Singapore Court of Appeal heard an appeal regarding whether illegitimate children are entitled to claim maintenance from a deceased parent's estate under the Inheritance (Family Provision) Act. The appellant, on behalf of her two illegitimate daughters, sought maintenance from the deceased's estate. The court dismissed the appeal, holding that the Inheritance (Family Provision) Act does not extend to illegitimate children. The court urged the legislature to consider reforms to allow illegitimate children to claim maintenance.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The Court of Appeal held that illegitimate children are not entitled to claim maintenance from a deceased parent's estate under the Inheritance (Family Provision) Act.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
AAGAppellantIndividualAppeal DismissedLost
Estate of AAH, deceasedRespondentTrustJudgment for RespondentWon

3. Judges

Judge NameTitleDelivered Judgment
Chao Hick TinJustice of the Court of AppealYes
Andrew Phang Boon LeongJustice of the Court of AppealNo
V K RajahJustice of the Court of AppealNo

4. Counsels

Counsel NameOrganization
George PereiraPereira & Tan LLC
Tan Thong YoungPereira & Tan LLC
Lim Choi MingKhattarWong

4. Facts

  1. The deceased had two illegitimate daughters with the appellant.
  2. The deceased died intestate on 11 February 2008.
  3. The deceased left behind a lawful wife and four legitimate daughters.
  4. The appellant sought maintenance for her two illegitimate daughters from the deceased's estate under the Inheritance (Family Provision) Act.
  5. Prior to his death, the deceased was financially supporting the appellant and the two daughters.
  6. The deceased's name appeared on both illegitimate daughters' birth certificates.

5. Formal Citations

  1. AAG v Estate of AAH, deceased, CA 26/2009, [2009] SGCA 56

6. Timeline

DateEvent
Birth of one of the two illegitimate daughters
Birth of the other illegitimate daughter
Death of AAH
Appellant commenced proceedings against the respondent estate
High Court refused the application for maintenance
Judgment reserved

7. Legal Issues

  1. Entitlement of Illegitimate Children to Claim Maintenance
    • Outcome: The court held that illegitimate children are not entitled to claim maintenance from a deceased parent's estate under the Inheritance (Family Provision) Act.
    • Category: Substantive
    • Related Cases:
      • [2009] 2 SLR 1087
      • [1955] Ch 194

8. Remedies Sought

  1. Order for reasonable provision for the maintenance of the two daughters

9. Cause of Actions

  • Claim for maintenance under the Inheritance (Family Provision) Act

10. Practice Areas

  • Family Law
  • Estate Planning
  • Inheritance Disputes

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
AAG v Estate of AAH, deceasedHigh CourtYes[2009] 2 SLR 1087SingaporeThe High Court ruled that illegitimate children were not entitled to claim maintenance under the Inheritance (Family Provision) Act.
Pepper (Inspector of Taxes) v HartHouse of LordsYes[1993] AC 593United KingdomCited for the principle that courts should adopt a purposive approach in the interpretation of a statute.
PP v Low Kok HengCourt of AppealYes[2007] 4 SLR 183SingaporeCited for the principle that the court must bear in mind the parameters set by the literal text of the provision and should assiduously guard against inadvertently re-writing legislation.
Makein v MakeinEnglish High CourtYes[1955] Ch 194United KingdomThe court adopted a restrictive sense to the terms “son” and “daughter” and held that an illegitimate child was not entitled to maintenance under the Inheritance (Family Provisions) Act 1938 (UK).
Re JoslinEnglish High CourtYes[1941] Ch 200United KingdomFarwell J assumed that illegitimate children did not come under the Act.
In the Matter of the Estate of Choo Eng Choon, deceasedN/AYes(1908) 12 SSLR 120SingaporeChildren from multiple wives under Chinese customs were regarded as legitimate children.
Galloway v GallowayHouse of LordsYes[1956] AC 299United KingdomReference in a statute to “child” or “children” would prima facie mean a legitimate child or legitimate children.
Victor Chandler International Ltd v Customs and Excise CommissionersEnglish Court of AppealYes[2000] 1 WLR 1296United KingdomCited for the principle that a statutory provision should be construed in a manner which will take into account new situations which may arise and which were not within contemplation at the time of its enactment.
Regina (Quintavalle) v Secretary of State for HealthHouse of LordsYes[2003] 2 AC 687United KingdomThere is no inconsistency between the rule that statutory language retains the meaning it had when Parliament used it and the rule that a statute is always speaking.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Inheritance (Family Provision) Act (Cap 138, 1985 Rev Ed)Singapore
Inheritance (Family Provisions) Act 1938 (c 45) (UK)United Kingdom
Family Law Reform Act 1969 (c 46) (UK)United Kingdom
Inheritance (Provision for Family and Dependants) Act 1975 (c 63) (UK)United Kingdom
Interpretation Act (Cap 1, 2002 Rev Ed)Singapore
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore
Civil Law Act (Cap 43, 1999 Rev Ed)Singapore
Insurance Act (Cap 142, 2002 Rev Ed)Singapore
Pensions Act (Cap 225, 2004 Rev Ed)Singapore
Legitimacy Act (Cap 162, 1985 Rev Ed)Singapore
Intestate Succession Act (Cap 146, 1985 Rev Ed)Singapore
Muslims Ordinance 1957 (No 25 of 1957)Singapore
Adoption of Children Act (Cap 4, 1985 Rev Ed)Singapore
Family Law Reform Act 1987 (c 42) (UK)United Kingdom

15. Key Terms and Keywords

15.1 Key Terms

  • Illegitimate child
  • Maintenance
  • Inheritance (Family Provision) Act
  • Intestate
  • Legitimate child
  • Dependant

15.2 Keywords

  • Illegitimate children
  • Maintenance
  • Inheritance
  • Family Provision
  • Singapore law

17. Areas of Law

Area NameRelevance Score
Legitimacy90
Family Law90
Effects of illegitimacy85
Maintenance80
Child Maintenance75
Succession Law70
Intestacy65
Wills and Probate60
Distribution of assets50
Personal representatives40

16. Subjects

  • Family Law
  • Inheritance
  • Legitimacy