ANNIE MILDRED LOPEZ FRANCIS XAVIER LOPEZ

ANNIE MILDRED LOPEZ FRANCIS XAVIER LOPEZ

The court found on the balance of probabilities that the P.A. and the third will were validly executed with the deceased possessing testamentary capacity at the relevant times; the P.A. was revoked by the deceased's death rendering the P.A. challenge academic (thus Suit 333 dismissed) and the valid third will revoked the second will (Wills Act s.14); accordingly Suit 649 was allowed and the counterclaim dismissed.

Citation
BA-22NCvC-649-11/2017 (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; Plaintiff (ba 22 NCVC 649 11/2017); Defendant (ba 22 NCVC 333 07/2018): 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-649-11/2017 (Mahkamah Tinggi)
Procedural Posture
Civil: Wills, Probate, Power of Attorney, Succession and Evidentiary Issues / Final Judgment at Trial Court (high Court Shah Alam)
Outcome
Suit BA-22NCVC-333-07/2018 dismissed with costs; Suit BA-22NCVC-649-11/2017 allowed; counterclaim dismissed with costs
Legal Topics
Validity of Will, Grant of Probate, Revocation of Power of Attorney Upon Death, Testamentary Capacity, Undue Influence/forgery Allegations, Adverse Inference Under Evidence Act
Source Language
Malay/English
Wills and Probate Power of Attorney Succession Law Evidence and Burden of Proof Capacity/medical Evidence Validity of Will Grant of Probate Revocation of Power of Attorney Upon Death +3 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

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

Tetuan Lopez and Partners

Defendant (ba 22 NCVC 333 07/2018)

Procedural Posture

Civil: Wills, Probate, Power of Attorney, Succession and Evidentiary Issues / Final Judgment at Trial Court (high Court Shah Alam)

Legal Issues

  1. 1 Whether the Power of Attorney dated 10.3.2016 was genuine and valid
  2. 2 Whether the alleged third will dated 10.3.2016 was valid and executed with testamentary capacity
  3. 3 Whether the Grant of Probate based on the second will was valid or revoked by a later valid will

Ratio Decidendi

The court found on the balance of probabilities that the P.A. and the third will were validly executed with the deceased possessing testamentary capacity at the relevant times; the P.A. was revoked by the deceased's death rendering the P.A. challenge academic (thus Suit 333 dismissed) and the valid third will revoked the second will (Wills Act s.14); accordingly 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

  • Dismissed Suit BA-22NCVC-333-07/2018 (challenge to P.A.) with costs
  • Allowed Suit BA-22NCVC-649-11/2017 (challenge to probate) and declared the third will valid; dismissed defendant's counterclaim with costs