WOO WEI LIANG LIANG DINGHUI

WOO WEI LIANG LIANG DINGHUI

Clause 2 of both Wills, by clear and ordinary language, appointed WWK as instituted executor and the appellant as substituted executor if WWK was unwilling or unable to act; 'unable to act for whatsoever reason' includes death, so on WWK's death the appellant succeeds as substituted executor. Section 12 P&A Act does not override an express scheme of representation in the testator's will; therefore chain of representation under s12 is inapplicable here. Questions 1 and 2 were suitable for summary determination under Order 14A on undisputed material facts.

Citation
W-02(IM)(NCvC)-519-03/2021 (Mahkamah Rayuan)
Parties
Appellant / Plaintiff (alternate Executor): Woo Wei Liang; Respondent / Defendant (executor of Woo Wei Kwang): Liang Dinghui
Court
IM
Jurisdiction
Malaysia
Judgment Date
6 July 2022
Case Number
W-02(IM)(NCvC)-519-03/2021 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (probate and Administration) / Court of Appeal Judgment on Interlocutory Order 14 a Application; Appeal Heard on Merits of Enclosure 211
Outcome
Appeal allowed in part
Legal Topics
Construction of Wills, Chain of Representation (section 12 Probate & Administration Act 1959), Order 14 a Summary Determination, Validity of Settlement Agreement, Grant of Probate and Appointment of Executors
Source Language
Malay/English
Probate and Estates Civil Procedure Contract Law Construction of Wills Chain of Representation (section 12 Probate & Administration Act 1959) Order 14 a Summary Determination Validity of Settlement Agreement Grant of Probate and Appointment of Executors

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Parties

Woo Wei Liang

Appellant / Plaintiff (alternate Executor)

Liang Dinghui

Respondent / Defendant (executor of Woo Wei Kwang)

Procedural Posture

Civil Appeal (probate and Administration) / Court of Appeal Judgment on Interlocutory Order 14 a Application; Appeal Heard on Merits of Enclosure 211

Legal Issues

  1. 1 Whether clause 2 of the Wills created an express scheme of representation appointing the appellant as substituted executor upon incapacity or death of the instituted executor
  2. 2 Whether section 12 Probate and Administration Act 1959 (chain of representation) displaces an express substituted-executor provision in a will
  3. 3 Whether the handwritten settlement dated 29.11.2017 is a valid and enforceable contract (remitted)

Ratio Decidendi

Clause 2 of both Wills, by clear and ordinary language, appointed WWK as instituted executor and the appellant as substituted executor if WWK was unwilling or unable to act; 'unable to act for whatsoever reason' includes death, so on WWK's death the appellant succeeds as substituted executor. Section 12 P&A Act does not override an express scheme of representation in the testator's will; therefore chain of representation under s12 is inapplicable here. Questions 1 and 2 were suitable for summary determination under Order 14A on undisputed material facts.

Court Disposition

Appeal allowed in part

Orders

  • Question 1 answered in the affirmative: clause 2 creates an express substituted-executor appointment in favour of the appellant
  • Question 2 answered in the negative: section 12 P&A Act chain of representation does not apply to displace the express substituted-executor