FOO LI WEI (NO. K/P: 901213-03-5206)

FOO LI WEI (NO. K/P: 901213-03-5206)

Caveats remained in force but the caveators failed to present affidavits or particulars establishing a real or triable issue as to testamentary capacity or undue influence; the will was properly executed with supporting witness affidavits and evidence that the deceased instructed and signed the will; therefore no substantive contested issue warranted referral to Order 72 and probate was granted to the applicant.

Citation
DA-32NCvC-4-02/2020 (Mahkamah Tinggi)
Parties
Deceased: Foo Say Fon; Applicant: Foo Li Wei; Caveator: Foo Say Fang; Caveator: Foo Say Yang; Caveator: Foo Say Shook @ Foo Shih Tse
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 November 2021
Case Number
DA-32NCvC-4-02/2020 (Mahkamah Tinggi)
Procedural Posture
Probate (non Contentious / Contested Threshold) / Summary Determination Under O.71 R.38 (interim Judgment)
Outcome
Application for grant of probate allowed (summary determination); no order as to costs; interim stay of execution granted for a limited period.
Legal Topics
Testamentary Capacity, Caveat, Grant of Probate, Non Contentious Probate, Contested Probate, Summary Disposal
Source Language
Malay/English
Probate Succession Civil Procedure Wills Testamentary Capacity Caveat Grant of Probate Non Contentious Probate +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 19 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Foo Say Fon

Deceased

Foo Li Wei

Applicant

Foo Say Fang

Caveator

Foo Say Yang

Caveator

Foo Say Shook @ Foo Shih Tse

Caveator

Procedural Posture

Probate (non Contentious / Contested Threshold) / Summary Determination Under O.71 R.38 (interim Judgment)

Legal Issues

  1. 1 whether caveats remained in force and prevented grant without notice
  2. 2 whether the caveators' appearances rendered the matter contested requiring Order 72
  3. 3 whether the deceased had testamentary capacity when executing the will

Ratio Decidendi

Caveats remained in force but the caveators failed to present affidavits or particulars establishing a real or triable issue as to testamentary capacity or undue influence; the will was properly executed with supporting witness affidavits and evidence that the deceased instructed and signed the will; therefore no substantive contested issue warranted referral to Order 72 and probate was granted to the applicant.

Court Disposition

Application for grant of probate allowed (summary determination); no order as to costs; interim stay of execution granted for a limited period.

Orders

  • Grant of probate to applicant (Foo Li Wei) as administrator of the estate of Foo Say Fon
  • No order as to costs