Lee Ah Sin @ Lee Sin Kee 1. ) Wasunan Tonrab 2. ) Thitima Sae-Lee

Lee Ah Sin @ Lee Sin Kee 1. ) Wasunan Tonrab 2. ) Thitima Sae-Lee

Order 14 ROC summary judgment procedure does not apply to contested probate actions governed exclusively by Order 72 ROC; where the validity of a will is challenged on substantive factual grounds (testamentary capacity, undue influence, suspicious circumstances, disputed title) summary judgment based on affidavits was inappropriate and the High Court's grant of summary probate must be set aside and the matter remitted for full trial so contested factual issues can be tried with oral evidence and cross-examination.

Citation
J-02(IM)(NCvC)-1527-10/2020 (Mahkamah Rayuan)
Parties
Appellant: Lee Ah Sin @ Lee Sin Kee; Respondent: Wasunan Tonrab; Respondent: Thitima Sae-Lee
Court
IM
Jurisdiction
Malaysia
Judgment Date
9 February 2022
Case Number
J-02(IM)(NCvC)-1527-10/2020 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal Probate Action / Court of Appeal Decision on Applicability of Summary Judgment in Contested Probate; Appeal Allowed and Matter Remitted for Full Trial
Outcome
Appeal allowed; High Court order dated 23 September 2020 (summary judgment and grant of probate based on 2018 Will) set aside; matter remitted for full trial; costs in the cause
Legal Topics
Summary Judgment, Testamentary Capacity, Undue Influence, Burden of Proof, Probate Caveat, Order 72 ROC Applicability
Source Language
Malay/English
Probate Civil Procedure Wills and Succession Evidence Summary Judgment Testamentary Capacity Undue Influence Burden of Proof +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 16 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Lee Ah Sin @ Lee Sin Kee

Appellant

Wasunan Tonrab

Respondent

Thitima Sae-Lee

Respondent

Procedural Posture

Civil Appeal Probate Action / Court of Appeal Decision on Applicability of Summary Judgment in Contested Probate; Appeal Allowed and Matter Remitted for Full Trial

Legal Issues

  1. 1 Whether Order 14 r.1 Rules of Court 2012 applies to contested probate actions governed by Order 72 ROC
  2. 2 Whether summary judgment may be used to grant probate when the validity of a will is contested on grounds of testamentary incapacity, undue influence or suspicious circumstances
  3. 3 Whether the propounders discharged the burden to satisfy the court's judicial conscience as to execution and testamentary capacity of the 2018 Will

Ratio Decidendi

Order 14 ROC summary judgment procedure does not apply to contested probate actions governed exclusively by Order 72 ROC; where the validity of a will is challenged on substantive factual grounds (testamentary capacity, undue influence, suspicious circumstances, disputed title) summary judgment based on affidavits was inappropriate and the High Court's grant of summary probate must be set aside and the matter remitted for full trial so contested factual issues can be tried with oral evidence and cross-examination.

Court Disposition

Appeal allowed; High Court order dated 23 September 2020 (summary judgment and grant of probate based on 2018 Will) set aside; matter remitted for full trial; costs in the cause

Orders

  • Set aside High Court order dated 23 September 2020 granting summary judgment and probate based on the 2018 Will (Enclosure 7)
  • Remit the probate action (Suit JA-22NCvC-149-09/2019) for full trial in open court to determine disputed issues including testamentary capacity, undue influence, suspicious circumstances and title to property