Practical Test Scenario

Mr. John passed away on the 22.07.2021 due to old age. His surviving beneficiaries are as
follows:-
1) Madam Sunshine (2nd Legal Wife)
2) Mr. James (1st Legal Wife’s Son)
Your client, Ms. Rachel (daughter of Mr. James) approaches you to share the following
information:-

Information about Madam Sunshine

1) Madam Sunshine is the 2nd Legal Wife of Mr. John (after the passing of Mr. John’s first
wife due to lymphoma cancer).
2) She was married with Mr. John for 20 years.
3) Both her and Mr. John had no children of their own.
4) During her marriage with Mr. John, Madam Sunshine took care of his needs especially
after he fell from the stairs and broke both his femur and tibia & fibula since year 2011.
5) Mr. John has mentioned several times to Madam Sunshine in front of Mr. James and
his wife that he appreciates and cares for Madam Sunshine and that she will always be
taken care of as long as he lived.
6) Mr. Johan verbally tells his son Mr. James and his wife that they should continue to care
for Madam Sunshine even after the passing of his death one day.
7) Madam Sunshine has resigned from her job ever since 2011 after Mr. John’s accident.
8) Prior to her resignation, Madam Sunshine was working as a typist for a company for
15 years and prior to that, she was working as a switchboard operator in a 5-star hotel
for 5 years.
9) Madam Sunshine has no surviving siblings or parents.
10) Her best friend is Madam Rudy (who is a retired Music teacher) and she has a Turtle
Pet named Mr Boo.
11) She stayed with Mr. John for 20 years in the same house owned completely by Mr.
John.
12) She depends on Mr. John’s savings to maintain the said house.
13) She does not own any houses to date.
14) She is quiet and only speaks whenever it is necessary to protect Mr. John.
15) She gives Mr. John peace of mind during his lifetime.
16) She is also a very kind person towards the few people surrounding her.
Information about Mr. James

1) Mr. James is the one and only son of Mr John.

2) His mother’s name is Madam Natalie and she passed away due to lymphoma cancer.
3) Mr. James has congenital blindness.
4) He lost 75% of his vision at the age of 16.
5) He married his wife at the age of 25.
6) They both have one daughter, Ms. Rachel, currently aged 20.
7) Due to his disability, Mr. James is only able to work as a customer service phone
operator.
8) He receives a moderate gross salary of RM3,500 every month.
9) He gives all his monies to his wife to manage - What a Wonderful and Clever person.
10) His wife is a housewife.
11) They both stayed together in a small Flat paying rent of RM800 every month.
12) Their daughter, Ms. Rachel stays with them too.
13) Mr. James visits his father once every two weeks.
14) His wife drives the family car of Haval H1 (purchased in year 2018) to bring Mr. James
to visit his father.
15) The car has an unlimited mileage engine warranty for 7 years.
16) Each time Mr. James visits his father, he brings him various fruits.
17) However, Mr. James knows that amongst all the fruits, his father loved durian the most.
18) Therefore, he brings over lots of durian during the durian season.
19) Only once, Mr. James was reprimanded by Madam Sunshine for bringing too much
durian for his father and for introducing a new method of eating the durian i.e. to mix
it with Gula Melaka and Rice, as she is concerned with Mr. John’s old age.
20) Mr. James has always been a loyal and faithful son to his father as his mother passed
away at a young age.

Mr. John’s estate.

1) Mr. John has a house worth RM1.5 million.
2) It is free from encumbrances.
3) Mr. John has also nominated Madam Sunshine and Mr. James as the nominees for his
KWSP account.
4) Both of them are to receive 50% each from the said account.
5) Mr. John has 1 (one) car – a Proton Perdana (year 2017).
Both parties’ opinion in administering the deceased’s estate.

1) Madam Sunshine wants to have the house to stay in.

2) Mr. James wants the house to be sold and that the sale proceeds to be shared equally
between both himself and Madam Sunshine.
3) Both of them are agreeable to be joint administrators for the deceased’s estate.
4) They are not challenging the deceased’s nomination at the KWSP account because it
would be silly to do so, as they had consulted some law lecture friends from MMU,
Malacca.
5) Both parties have no opinion on the ownership of the Proton Perdana.
6) Both parties are concerned about the distribution of the deceased’s estate.

Your Job:-
You are now required to construct a mediation process where you need to decide who will
attend the said mediation session based on Ms Rachel’s information to you. There must be at
least four positions to be filled for this mediation process:-

1) A Mediator (MUST have)

2) A legal counsel for Madam Sunshine
3) A legal counsel for Mr. James
4) Madam Sunshine
5) Mr. James
6) Mr. James’s Wife – her name -you can choose
7) Madam Rudy
The outcome of the mediation whether the matter is resolved or not, is IRRELEVANT.