LOK SWEE TIONG LAIN-LAIN LOK SIEW CHOO LOK CHENG HWA @ LOCK SIEW HWA LOCK PEK YEM LOK SIEW HOON … CAVEATORS

LOK SWEE TIONG LAIN-LAIN LOK SIEW CHOO LOK CHENG HWA @ LOCK SIEW HWA LOCK PEK YEM LOK SIEW HOON … CAVEATORS

Because the probate proceedings were contested and the caveats related to preservation of estate rights pending adjudication, the court refused summary elimination of the caveats and concluded that justice required conversion of the originating summons into a writ action under Order 28 r.8 so that the contested issues including validity of the will and endorsement/pleading requirements under Order 72 can be properly determined.

Citation
JB-32NCVC-190-08/2019 (Mahkamah Tinggi)
Parties
Applicant (executor/propounder): LOK SWEE TIONG; Caveator/intervener: LOK SIEW CHOO; Caveator/intervener: LOK CHENG HWA @ LOCK SIEW HWA; Caveator/intervener: LOCK PEK YEM; Caveator/intervener: LOK SIEW HOON; Caveator/intervener: LOK SWEE LONG; Caveator/intervener: LOCK SIEW LANG @ LOCK SWEE LUAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 August 2021
Case Number
JB-32NCVC-190-08/2019 (Mahkamah Tinggi)
Procedural Posture
Probate (originating Summons) / Interlocutory — Originating Summons Converted to Writ Action by Order Dated 24 Aug 2021
Outcome
Originating summons and all interlocutory matters converted to a writ action; matter to proceed under Rules applicable to contentious probate.
Legal Topics
Grant of Probate, Caveats and Removal, Conversion of Originating Summons to Writ, Contested Will Procedure, Summary Disposal Under O.71 R.38
Source Language
Malay/English
Probate and Administration Civil Procedure Wills and Succession Trusts and Equity Grant of Probate Caveats and Removal Conversion of Originating Summons to Writ Contested Will Procedure +1 more

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Parties

LOK SWEE TIONG

Applicant (executor/propounder)

LOK SIEW CHOO

Caveator/intervener

LOK CHENG HWA @ LOCK SIEW HWA

Caveator/intervener

LOCK PEK YEM

Caveator/intervener

LOK SIEW HOON

Caveator/intervener

LOK SWEE LONG

Caveator/intervener

LOCK SIEW LANG @ LOCK SWEE LUAN

Caveator/intervener

Procedural Posture

Probate (originating Summons) / Interlocutory — Originating Summons Converted to Writ Action by Order Dated 24 Aug 2021

Legal Issues

  1. 1 Whether the Court can dismiss the caveators'/ interveners' challenge without giving opportunity to be heard
  2. 2 Whether the originating summons can be dealt with summarily under Order 71 r.38/Order 72
  3. 3 Whether the originating summons should be converted to a writ action under Order 28 r.8

Ratio Decidendi

Because the probate proceedings were contested and the caveats related to preservation of estate rights pending adjudication, the court refused summary elimination of the caveats and concluded that justice required conversion of the originating summons into a writ action under Order 28 r.8 so that the contested issues including validity of the will and endorsement/pleading requirements under Order 72 can be properly determined.

Court Disposition

Originating summons and all interlocutory matters converted to a writ action; matter to proceed under Rules applicable to contentious probate.

Orders

  • Originating Summons and interlocutory matters to continue as if begun by writ pursuant to Order 28 r.8 Rules of Court 2012 (conversion ordered 24 Aug 2021)
  • Affidavits filed in the originating summons to stand as pleadings with liberty to amend or apply for particulars as appropriate; no final determination on grant of probate or removal of caveats made at this stage