LIM CHENG LIN LAIN-LAIN PENGKAVEATORS 1. LIM BOON CHENG 2. LIM POH LING 3. LIM TEAM LENG 4. LIM HENG SOON 5. LIM HENG CHUAN 6. LIM LAY TING

LIM CHENG LIN LAIN-LAIN PENGKAVEATORS 1. LIM BOON CHENG 2. LIM POH LING 3. LIM TEAM LENG 4. LIM HENG SOON 5. LIM HENG CHUAN 6. LIM LAY TING

Because the siblings filed a writ contesting the will and entered private caveats, the originating summons under Order 71 became contested; Order 71 r38/Order 72 apply, the originating summons is stayed and must be consolidated with the writ for full adjudication; accordingly the caveat is to be maintained until final disposal and a case management is ordered.

Citation
JB-32NCVC-128-07/2020 (Mahkamah Tinggi)
Parties
Applicant: LIM CHENG LIN; Caveator: LIM BOON CHENG; Caveator: LIM POH LING; Caveator: LIM TEAM LENG; Caveator: LIM HENG SOON; Caveator: LIM HENG CHUAN; Caveator: LIM LAY TING
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 March 2021
Case Number
JB-32NCVC-128-07/2020 (Mahkamah Tinggi)
Procedural Posture
Probate and Administration Originating Summons for Grant of Probate and Application to Remove Private Caveats / Originating Summons Contested by Writ; Originating Summons Stayed and Consolidated With Writ; Case Management Ordered
Outcome
Originating summons stayed and consolidated with writ action; caveat maintained pending final disposal; costs in the cause.
Legal Topics
Validity of Will, Contested Probate, Private Caveat, Consolidation of Proceedings, Undue Influence, Testamentary Capacity, Order 71 and Order 72 Rules of Court 2012
Source Language
Malay/English
Probate Law Succession Civil Procedure Wills Trusts Validity of Will Contested Probate Private Caveat +4 more

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Parties

LIM CHENG LIN

Applicant

LIM BOON CHENG

Caveator

LIM POH LING

Caveator

LIM TEAM LENG

Caveator

LIM HENG SOON

Caveator

LIM HENG CHUAN

Caveator

LIM LAY TING

Caveator

Procedural Posture

Probate and Administration Originating Summons for Grant of Probate and Application to Remove Private Caveats / Originating Summons Contested by Writ; Originating Summons Stayed and Consolidated With Writ; Case Management Ordered

Legal Issues

  1. 1 Whether private caveats entered by siblings should be removed
  2. 2 Whether application under Order 71 can proceed when will is contested by writ
  3. 3 Whether Order 72 Rules of Court 2012 applies and procedural requirements (endorsement/pleadings) have been met

Ratio Decidendi

Because the siblings filed a writ contesting the will and entered private caveats, the originating summons under Order 71 became contested; Order 71 r38/Order 72 apply, the originating summons is stayed and must be consolidated with the writ for full adjudication; accordingly the caveat is to be maintained until final disposal and a case management is ordered.

Court Disposition

Originating summons stayed and consolidated with writ action; caveat maintained pending final disposal; costs in the cause.

Orders

  • Stay Originating Summons No. JB-32NCvC-128-07/2020 including Enclosure 1 and Enclosure 14
  • Consolidate Originating Summons No. JB-32NCvC-128-07/2020 with Writ Action Suit No. JB-22NCvC-6-01/2021 and fix case management before the Registrar within 7 days