1. ) Ong Ghee Sai (Sebagai Wakil Harta Pusaka Ong Soo Kan (Benefisiari Harta Pusaka Loh Ah Moy @ Loh Siew Keng, Simati)) 2. ) Ong Soo Kit (Sebagai Benefisiari Harta Pusaka Loh Ah Moy @ Loh Siew Keng, Simati) 3. ) Khong Kok Yew (Sebagai Bene

1. ) Ong Ghee Sai (Sebagai Wakil Harta Pusaka Ong Soo Kan (Benefisiari Harta Pusaka Loh Ah Moy @ Loh Siew Keng, Simati)) 2. ) Ong Soo Kit (Sebagai Benefisiari Harta Pusaka Loh Ah Moy @ Loh Siew Keng, Simati) 3. ) Khong Kok Yew (Sebagai Bene

Filing Suit 673 by the 1st Defendant, while acting as the sole surviving executor and trustee, created a real and objectively verifiable conflict between his personal claim and duties to beneficiaries; that conflict constitutes sufficient cause under s34 Probate and Administration Act 1959 to revoke the grant of probate and remove him as executor; Order 14A appropriate as there were no disputed facts preventing determination.

Citation
WA-22NCvC-542-08/2021 (Mahkamah Tinggi)
Parties
Plaintiff (beneficiary): ONG SOO KAN; Plaintiff (beneficiary): ONG SOO KIT; Plaintiff (beneficiary): KHONG KOK YEW; Plaintiff (beneficiary): KHONG KOK YUN; Plaintiff (beneficiary): KHONG KOK YAU; 1st Defendant (executor and Trustee of the Estate): ONG SOO KWEE; 2nd Defendant (trustee): ONG GHEE SOON
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 December 2022
Case Number
WA-22NCvC-542-08/2021 (Mahkamah Tinggi)
Procedural Posture
Probate and Administration / Civil / Order 14 a Summary Determination (application to Determine Questions of Law and Dispose of Action)
Outcome
Application allowed. Grant of probate revoked; 1st Defendant removed as executor and trustee; co-trustee appointed; costs awarded against 1st Defendant personally.
Legal Topics
Revocation of Probate, Conflict of Interest, Removal of Executor, Order 14 a Summary Determination, Section 34 Probate and Administration Act 1959
Source Language
Malay/English
Probate and Administration Trusts and Fiduciary Duties Civil Procedure Revocation of Probate Conflict of Interest Removal of Executor Order 14 a Summary Determination Section 34 Probate and Administration Act 1959

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Parties

ONG SOO KAN

Plaintiff (beneficiary)

ONG SOO KIT

Plaintiff (beneficiary)

KHONG KOK YEW

Plaintiff (beneficiary)

KHONG KOK YUN

Plaintiff (beneficiary)

KHONG KOK YAU

Plaintiff (beneficiary)

ONG SOO KWEE

1st Defendant (executor and Trustee of the Estate)

ONG GHEE SOON

2nd Defendant (trustee)

Procedural Posture

Probate and Administration / Civil / Order 14 a Summary Determination (application to Determine Questions of Law and Dispose of Action)

Legal Issues

  1. 1 Whether the 1st Defendant breached fiduciary duties by initiating Suit 673 against the Estate
  2. 2 Whether such breach or conflict of interest constitutes sufficient cause under s34 Probate and Administration Act 1959 to revoke the grant of probate and remove the executor

Ratio Decidendi

Filing Suit 673 by the 1st Defendant, while acting as the sole surviving executor and trustee, created a real and objectively verifiable conflict between his personal claim and duties to beneficiaries; that conflict constitutes sufficient cause under s34 Probate and Administration Act 1959 to revoke the grant of probate and remove him as executor; Order 14A appropriate as there were no disputed facts preventing determination.

Court Disposition

Application allowed. Grant of probate revoked; 1st Defendant removed as executor and trustee; co-trustee appointed; costs awarded against 1st Defendant personally.

Orders

  • The grant of probate dated 28.11.2001 is revoked
  • The 1st Defendant (Ong Soo Kwee) is removed forthwith as an executor and trustee of the Estate