What a 2025 Malaysian Court Ruling Means for Families

Shah Alam Sessions Court has dismissed a RM299,707.50 claim by Tenaga Nasional Berhad against the estate of a deceased account holder. ¹  The deceased’s estate does not need to pay the bill.

What happened in this case?

The deceased, Siew Nyuk Sang, was the registered TNB account holder for a commercial property in Shah Alam. He passed away on 7 January 2018 after a period of hospitalisation. TNB discovered bypass wiring and signs of meter tampering only on 31 July 2019, more than 18 months after his death. TNB then filed suit for RM299,707.50 against his estate, represented by his widow and son as the appointed Administrators.

What does this judgment mean for widows and estate administrators in
Malaysia?

This case affirms important protections for anyone administering a deceased’s estatein Malaysia.

First, a claim against an estate must have existed before death, drawing a clear legal line between liability in life and liability after death.²  If tampering is proven, the cause of action starts from the time of discovery of tampering, not from when the tampering allegedly began.³

Second, a deceased person cannot be held liable for what happens after death. Since it is impossible for the deceased to carry out his duties, obligations, or to enforce the contract with TNB,⁴  there is no liability posthumously.

However, a cause of action is deemed to have pre-existed death if the deceased personally committed a wrongful act or omission during his lifetime. If TNB can prove that the deceased was responsible for the tampering or failed to prevent it, the deceased’s estate will be liable for the losses incurred due to the tampering.

Third, estate administrators do not automatically inherit the deceased’s utility obligations. Neither the ESA 1990 nor any related statute imposes a duty on estate administrators to monitor or prevent third parties from tampering with the electric meter after the registered account holder passes away.

Fourth, generally, the deceased will be liable for damages caused as long as the deceased was the registered account holder. TNB is not required to prove who actually caused the tampering.

However, if the meter tampering was discovered after the registered account holder had passed away, TNB must prove that the deceased was responsible for the tampering or had failed in his duty to prevent it before the deceased’s estate can be held liable.

The presumption of liability under s.40 ESA 1990 is rebuttable by the deceased’s estate through evidence such as hospitalisation records, tenancy agreements, and evidence of third-party access to the premises.

¹ Tenaga Nasional Berhad v Lam Sau Tai & Anor [2025] SMCU 133 , Sessions Court, Shah Alam, Selangor. Judgment delivered 25 March 2025 by YA Yong Leou Shin. Claim dismissed with costs of RM25,000.

² [59] … Section 8(1) of the CLA 1956 applies only to causes of action that accrued before a person’s death, except in cases falling under section 8(4). Under this deemed provision, if a person commits a wrongful act or omission that would have given rise to a legal claim, the cause of action is considered to have existed even if the person dies before or at the same time as the damage is suffered, in other words, before the damage is fully materialized.

³ This principle was affirmed by the Federal Court in TNB v Evergrowth Aquaculture Sdn Bhd [2021] MLJU 1742 [55] The Federal Court held: “that the cause of action starts from the discovery of meter tampering. Limitation period starts therefrom onwards”.

⁴ Section 57 of the Contract Act 1950

About the Author: Ho Yi Yern

Ho Yi Yern is an Advocate & Solicitor of the High Court of Malaya, Partner and Head of Family Law, Succession & Estate Administration in Messrs Azhar & Goh, proud member of Worldwide International Lawyers League (WILL), Malaysian Collaborative Practice Group (MCPG) and International Academy of Collaborative Professionals (IACP), guiding clients through Wills, inheritance, and family-related legal matters. She is dedicated to empowering individuals and families make informed strategic decisions that safeguard their loved ones and preserve their legacy.