Deed of Family Arrangement (SAMPLE)

September 27, 2017 | Author: zmbl | Category: Trust Law, Deed, Natural Resources Law, Common Law, Private Law
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DATED THE

DAY OF

2015

BETWEEN

TAN PEO YOU TAN BAI WEN TAN PEO YI WANG ENG FONG (f) [“the FIRST PARTY”] AND

TAN PEO BEI TAN PEO CHEE SAW BEE TIN (f) [“the SECOND PARTY”]

******************************************************************************

DEED OF FAMILY ARRANGEMENT ******************************************************************************

MESSRS LEE WONG EWE & NG ADVOCATES & SOLICITORS NO. 27A (FIRST FLOOR) JALAN USJ 10/1E, UEP SUBANG JAYA 47620 SUBANG JAYA SELANGOR DARUL EHSAN TEL: 03-56360200/56360300 FAX: 03-56366100

Deed of Family Arrangement

1

DEED OF FAMILY ARRANGEMENT THIS DEED of family arrangement is made on the ………day of ……………… …………………. 2015 BETWEEN (a)

TAN PEO YOU TAN BAI WEN TAN PEO YI WANG ENG FONG

[NRIC No.830824-08-6015] [NRIC No.850812-08-5873] [NRIC No.910110-14-5087] and [NRIC No.561113-08-6016]

all of No. 87, Jalan Dagang ½ Taman Dagang, 68000 Ampang, Selangor [“the First Party”] of the one part AND (b)

TAN PEO BEI TAN PEO CHEE SAW BEE TIN

[NRIC No.870709-14-5303] [NRIC No.900603-14-5633] and [NRIC No.590923-08-5472]

all of No. 87, Jalan Dagang ½ Taman Dagang, 68000 Ampang, Selangor (“Second Party”) of the other part. WHEREAS TAN KWANG GOI [NRIC No.560724-08-5157/8274518], deceased, the lawful father of TAN PEO YOU, TAN BAI WEN, TAN PEO YI and the lawful husband of WANG ENG FONG, passed away intestate on 30th June 2015.

WHEREAS TAN KWANG GOI [NRIC No.560724-08-5157/8274518], deceased, is also the father of two other issue namely TAN PEO BEI, TAN PEO CHEE, had with SAW BEE TIN.

Deed of Family Arrangement

2

WHEREAS TAN PEO YOU [NRIC No.830824-08-6015] shall be appointed as the sole administrator of the estate of the Deceased pursuant to this Deed of Family Arranegment and the Grant of Letters of Administration to be applied for hereafter. WHEREAS pursuant to Section 6 of the Distribution Act 1958 the Deceased leaves behind the following beneficiaries to his estate and their share are:a. TAN PEO YOU b. TAN BAI WEN c. TAN PEO YI [collectively referred to as “the issues”]

2/3 share

d. WANG ENG FONG [referred to as “the Spouse”]

1/3 share

WHEREAS the parties hereto are desirous of entering into this Deed of Family Arrangement for the distribution of the assets of the estate of Deceased, upon the terms and conditions hereinafter appearing. NOW THIS DEED WITNESSETH AS FOLLOWS: 1.

The parties hereto have agreed to enter into this Deed of Family Agreement to govern and conclude the distribution of the following assets of the Estate of the Deceased to the following beneficiaries and persons:-

1.1

an undivided ½ share in the property bearing postal address No. 86, Jalan Dagang 1/2 Taman Dagang, 68000 Ampang, Selangor Darul Ehsan currently in the name

Deed of Family Arrangement

3

of the Deceased, shall be distributed the WANG ENG FONG [NRIC No.56111308-6016].

1.2

the whole share in the property bearing postal address No. 87, Jalan Dagang 1/2 Taman Dagang, 68000 Ampang, Selangor currently in the name of the Deceased, shall be distributed the following beneficiaries and persons in equal shares:-

1.3

a. TAN PEO YOU

1/5 share

b. TAN BAI WEN

1/5 share

c. TAN PEO YI

1/5 share

d. TAN PEO BEI

1/5 share

e. TAN PEO CHEE

1/5 share

the whole share in the piece of land held under Geran Mukim 706 Lot No. 6107 in Mukim Bentong, Daerah Bentong, Negeri Pahang now registered in the name of the Deceased shall be hold on trust by TAN PEO YOU [NRIC No.830824-086015] as the sole administrator of the estate of the Deceased (“Trust Property”) for the benefits of the beneficiaries and persons and in the event that he shall dispose or sell the Trust Property, the proceed of sale of the said Trust Property shall be distributed to the following beneficiaries and persons in their respective shares:a. TAN PEO YOU

40% share

b. WANG ENG FONG

10% share

c. SAW BEE TIN

10% share

Deed of Family Arrangement

4

1.4

d. TAN BAI WEN

10% share

e. TAN PEO YI

10% share

f. TAN PEO BEI

10% share

g. TAN PEO CHEE

10% share

an undivided 2/114 share in the piece of land held under H.S.(D) 650/84 Lot No. 26265 in Mukim of Sitiwan, Daerah Manjung, Negeri Perak (formerly held under Grant for Land No.17254 for Lot No. 9126 in the Mukim of Sitiwan) now registered in the name of the Deceased, shall be distributed to the following beneficiaries and persons in equal shares:-

1.5

a. TAN PEO YOU

1/5 share

b. TAN BAI WEN

1/5 share

c. TAN PEO YI

1/5 share

d. TAN PEO BEI

1/5 share

e. TAN PEO CHEE

1/5 share

the balance proceeds of a sale of that piece of land held under Geran Mukim 1397 Lot 1571, in Mukim Semantan Ulu, Tempat Liwai, District of Raub, State of Pahang pursuant to a Sale and Purchase Agreement entered around 3 rd June 2015 between the Deceased, the Vendor and Khor Boon Keong [NRIC No.731002-085693], the Purchaser, for a selling price of RM1,500,000.00, shall be distributed and utilised in the following manner:-

Deed of Family Arrangement

5

1.

to fully settle the outstanding loan to HSBC Bank charged on the property of No.87, Jalan Dagang 1/2 Taman Dagang, 68000 Ampang, Selangor and

2.

to pay for the renovation cost of approximately RM60,000.00 on both the properties namely No.86, Jalan Dagang ½ Taman Dagang, 68000 Ampang, Selangor and No.87, Jalan Dagang ½ Taman Dagang, 68000 Ampang, Selangor, equally and respectively and

3.

to give by way of a gift the sum of RM30,000.00 to WANG ENG FONG [NRIC No.561113-08-6016] and SAW BEE TIN [NRIC No.590923-085472], equally and respectively and

4.

to give by way of gift the sum of RM71,310.93 to TAN PEO YOU [NRIC No.830824-08-6015] and

5.

to give by way of gift the sum of RM79,400.00 to SAW BEE TIN [NRIC No.590923-08-5472] and

6.

to give by way of gift the sum of RM38,139.92 to TAN PEO BEI [NRIC No.870709-14-5303] and

7.

to give by way of gift the sum of RM20,000.00 to TAN BAI WEN [NRIC No.850812-08-5873] and

Deed of Family Arrangement

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8.

to give by way of gift the sum of RM20,000.00 to TAN PEO CHEE [NRIC No. 900603-14-5633] and

9.

to give by way of gift the sum of RM20,000.00 to TAN PEO YI [NRIC No.910110-14-5087] and

10.

the residue of the proceeds of sale (after deducting the above 1 – 9) shall be hold on trust by TAN PEO YOU [NRIC No.830824-08-6015] which the said proceeds of sale shall be distributed to a company which shall be set up (“Trust Company”) in which the shareholding has been agreed by all parties to this Deed of Family Arrangement as follows:a. TAN PEO YOU

60% share

b. TAN BAI WEN

10% share

c. TAN PEO YI

10% share

d. TAN PEO BEI

10% share and

e. TAN PEO CHEE

1.6

10% share.

The residuary of the Estate of the Deceased (if any) is to be distributed to the following beneficiaries and persons in equal shares as follows:a. TAN PEO YOU

1/5 share

b. TAN BAI WEN

1/5 share

c. TAN PEO YI

1/5 share

Deed of Family Arrangement

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1.7

d. TAN PEO BEI

1/5 share

e. TAN PEO CHEE

1/5 share

The lorry bearing registration number WVN 5230 is to be distributed to TAN PEO YOU [NRIC No.830824-08-6015] and

1.8

The motor vehicle bearing registration number NV8411 is to be distributed to TAN PEO YOU [NRIC No.830824-08-6015] and

1.9

The motor vehicle bearing registration number WHD 8624 is to be distributed to TAN PEO YOU [NRIC No.830824-08-6015] and

1.10

The motor vehicle bearing registration number WXX 1830 is to be distributed to TAN PEO YOU [NRIC No.830824-08-6015] and

1.11

The monies held in the Public Bank Berhad Saving Account No.3064887818 is to be distributed to the following beneficiaries and persons in equal shares as follows:a. TAN PEO YOU

1/5 share

b. TAN BAI WEN

1/5 share

c. TAN PEO YI

1/5 share

d. TAN PEO BEI

1/5 share

e. TAN PEO CHEE

1/5 share

Deed of Family Arrangement

8

2.

The parties hereto hereby irrevocably agree to authorize and instruct the Administrator to petition for and distribute the assets described in Clause 1 above in accordance therewith and the parties expressly agree to execute all necessary documents, renunciations, affidavits, forms, consents and/or letters as may be required to give full effect to the provisions contained herein.

3.

The parties shall jointly and equally share the reasonable professional legal fee, cost and expenses of this Deed of Family Arrangement and the Court Application for the Letters of Administration including court filing fees, stamping fees, transfer fees and such other outgoings payable for the distribution and transfer of the assets as described above.

4.

It is expressly agreed by the first party hereto that they shall not claim any statutory rights as beneficiaries under the estate of the Deceased save as what has been expressly agreed to in this Deed of Family Arrangement.

5.

It is expressly agreed by all parties hereto that the Administrator shall have the absolutely discretion to deal with any matter, look after, manage, assign, mortgage, charge, sell, transfer or dispose off the whole or any part of the Trust Property and Trust Company as the Administrator shall think fit for whatsoever lawful purpose as the Administrator shall desire for the benefits of the beneficiaries and persons stated herein.

Deed of Family Arrangement

9

6.

All the parties to this Deed of Family Arrangement shall jointly and severally release and indemnify the Administrator from and against all actions, proceedings, claims and/or demands connected to or in respect of the assent, distribution and/or transfers herein agreed by the parties to be made in respect of the Deceased’s estate. ******************************************* The remainder of this page is intentionally left blank

Deed of Family Arrangement

10

IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year first above written. SIGNED by the above named First Party in the presence of:-

) )

----------------------------------------TAN PEO YOU [NRIC No.830824-08-6015]

----------------------------------------TAN BAI WEN [NRIC No.850812-08-5873]

----------------------------------------TAN PEO YI [NRIC No.910110-14-5087]

----------------------------------------WANG ENG FONG [NRIC No.561113-08-6016]

SIGNED by the above named Second Party in the presence of:-

) )

----------------------------------------TAN PEO BEI [NRIC No.870709-14-5303] ----------------------------------------TAN PEO CHEE [NRIC No.900603-14-5633] ----------------------------------------SAW BEE TIN [NRIC No.590923-08-5472]

Deed of Family Arrangement

11

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