AAG v Estate of AAH: Illegitimate Child's Claim for Maintenance Under Inheritance (Family Provision) Act
In AAG v Estate of AAH, deceased, the High Court of Singapore, on 11 February 2009, addressed whether illegitimate children could claim maintenance from a deceased's estate under the Inheritance (Family Provision) Act (Cap 138, 1985 Rev Ed). Choo Han Teck J held that, based on the original interpretation of the UK legislation upon which the Act was based, illegitimate children could not claim such maintenance. Consequently, the plaintiff's application for maintenance for her two illegitimate daughters was dismissed.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application dismissed.
1.3 Case Type
Family
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The High Court held that illegitimate children cannot claim maintenance from a deceased's estate under the Inheritance (Family Provision) Act.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| AAG | Plaintiff | Individual | Application dismissed | Lost | |
| Estate of AAH, deceased | Defendant | Trust | Application dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| John Tan Thong Young | Pereira & Tan LLC |
| Lim Choi Ming | KhattarWong |
4. Facts
- The plaintiff sought maintenance from the deceased's estate for her two daughters.
- The daughters were born out of wedlock and are the illegitimate children of the deceased.
- The plaintiff brought the action under the Inheritance (Family Provision) Act (Cap 138, 1985 Rev Ed).
5. Formal Citations
- AAG v Estate of AAH, deceased, OS 1136/2008, [2009] SGHC 33
6. Timeline
| Date | Event |
|---|---|
| OS 1136/2008 filed | |
| Judgment reserved | |
| Application dismissed |
7. Legal Issues
- Whether illegitimate child could claim maintenance under the Inheritance (Family Provision) Act
- Outcome: The court held that an illegitimate child cannot apply for maintenance under the Inheritance (Family Provision) Act.
- Category: Substantive
8. Remedies Sought
- Reasonable maintenance from the estate of the deceased
9. Cause of Actions
- Claim for maintenance under the Inheritance (Family Provision) Act
10. Practice Areas
- Family Provision
- Estate Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Makein v Makein | Chancery Division | Yes | [1955] 1 Ch 194 | England and Wales | Cited for the established interpretation of the Inheritance (Family Provision) Act 1938 (UK) that it excluded illegitimate children from making maintenance claims against the estate of a deceased. |
| PP v Low Kok Heng | High Court | Yes | [2007] 4 SLR 183 | Singapore | Cited regarding the interpretation of statutes under s 9A of the Interpretation Act (Cap 1, 1999 Rev Ed). |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Inheritance (Family Provision) Act (Cap 138, 1985 Rev Ed) | Singapore |
| Inheritance (Family Provision) Act 1938 (UK) | United Kingdom |
| Family Law Reform Act 1969 (UK) | United Kingdom |
| Inheritance (Provision for Family and Dependents) Act 1975 (UK) | United Kingdom |
| Interpretation Act (Cap 1, 1999 Rev Ed) | Singapore |
| Women’s Charter (Cap 353, 1997 Rev Ed) | Singapore |
| Civil Law Act (Cap 43, 1999 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Illegitimate children
- Maintenance
- Inheritance (Family Provision) Act
- Estate of deceased
- Daughter
- Born out of wedlock
15.2 Keywords
- illegitimate child
- maintenance
- inheritance
- family provision
- estate
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 90 |
| Illegitimacy | 80 |
| Succession Law | 70 |
| Wills and Probate | 60 |
| Property Law | 30 |
16. Subjects
- Family Law
- Inheritance
- Legitimacy