XXXX 1. ) XXXX 2. ) Tetuan Lopez And Partners

XXXX 1. ) XXXX 2. ) Tetuan Lopez And Partners

The court found on the balance of probabilities that the P.A. was validly executed but was revoked upon the donor's death making the P.A. challenge academic (dismiss Suit 333). The court also found the propounder proved the deceased had testamentary capacity and dispelled suspicious circumstances for the third will executed 10.3.2016; accordingly the third will is valid, revokes the second will, Suit 649 was allowed and the counterclaim dismissed.

Citation
BA-22NCvC-333-07/2018 (Mahkamah Tinggi)
Parties
Plaintiff (ba 22 NCVC 333 07/2018); Defendant (ba 22 NCVC 649 11/2017): Francis Xavier Lopez; Plaintiff (ba 22 NCVC 333 07/2018): Agnes Elfleda Lopez; Defendant (ba 22 NCVC 333 07/2018); Plaintiff (ba 22 NCVC 649 11/2017): Annie Mildred Lopez; Defendant (ba 22 NCVC 333 07/2018): Tetuan Lopez and Partners
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 June 2022
Case Number
BA-22NCvC-333-07/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Probate/wills and Power of Attorney / Trial Concluded; Judgment Delivered
Outcome
Suit BA-22NCVC-333-07/2018 dismissed with costs; Suit BA-22NCVC-649-11/2017 allowed; counterclaim dismissed with costs
Legal Topics
Testamentary Capacity, Undue Influence, Forgery, Revocation of Power of Attorney, Locus Standi, Execution Formalities, Admissibility of Thumbprint Signature
Source Language
Malay/English
Probate and Administration Wills Powers of Attorney Equity Evidence Testamentary Capacity Undue Influence Forgery +4 more

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Parties

Francis Xavier Lopez

Plaintiff (ba 22 NCVC 333 07/2018); Defendant (ba 22 NCVC 649 11/2017)

Agnes Elfleda Lopez

Plaintiff (ba 22 NCVC 333 07/2018)

Annie Mildred Lopez

Defendant (ba 22 NCVC 333 07/2018); Plaintiff (ba 22 NCVC 649 11/2017)

Tetuan Lopez and Partners

Defendant (ba 22 NCVC 333 07/2018)

Procedural Posture

Civil Probate/wills and Power of Attorney / Trial Concluded; Judgment Delivered

Legal Issues

  1. 1 Whether the Power of Attorney executed 10.3.2016 was genuine and valid
  2. 2 Whether the alleged third will executed 10.3.2016 was valid and executed with testamentary capacity
  3. 3 Whether the deceased suffered from mental disorder/dementia or insane delusion at the time of execution

Ratio Decidendi

The court found on the balance of probabilities that the P.A. was validly executed but was revoked upon the donor's death making the P.A. challenge academic (dismiss Suit 333). The court also found the propounder proved the deceased had testamentary capacity and dispelled suspicious circumstances for the third will executed 10.3.2016; accordingly the third will is valid, revokes the second will, Suit 649 was allowed and the counterclaim dismissed.

Court Disposition

Suit BA-22NCVC-333-07/2018 dismissed with costs; Suit BA-22NCVC-649-11/2017 allowed; counterclaim dismissed with costs

Orders

  • Dismiss Suit BA-22NCVC-333-07/2018 (challenge to Power of Attorney) with costs
  • Declare Power of Attorney executed 10.3.2016 was validly executed but revoked by death; declarations sought by plaintiffs in Suit 333 are academic