LOW SHIR LY PENCELAH LOW PECK LIM

LOW SHIR LY PENCELAH LOW PECK LIM

The court refused the intervener leave to proceed because a valid Grant of Probate vests administration in the appointed executor; the application seeking to amend the will/grant and to control administration was not the proper forum, no exceptional circumstances were shown to justify intervention, and matters of transfer and registration fall within the executor's powers to execute consistent steps; accordingly the application is dismissed.

Citation
BL-32NCvC-80-11/2022 (Mahkamah Tinggi)
Parties
Applicant: LOW SHIRLY; Intervener/second Applicant: LOW PECK LIM
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 September 2023
Case Number
BL-32NCvC-80-11/2022 (Mahkamah Tinggi)
Procedural Posture
Probate and Administration / High Court Interlocutory Application Decision
Outcome
Application dismissed
Legal Topics
Grant of Probate, Intervention by Beneficiary, Variation/cancellation of Grant, Transfer of Shares, Registration of Land, Costs on Indemnity Basis
Source Language
Malay/English
Probate and Administration Civil Procedure Equity Land Law Company Law Grant of Probate Intervention by Beneficiary Variation/cancellation of Grant +3 more

Case Brief

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Parties

LOW SHIRLY

Applicant

LOW PECK LIM

Intervener/second Applicant

Procedural Posture

Probate and Administration / High Court Interlocutory Application Decision

Legal Issues

  1. 1 Whether a beneficiary/intervener may file to amend or vary a valid Grant of Probate without leave of the executor or without following the Rules of Court
  2. 2 Whether the court should permit intervention to compel executor to register shares and transfer land interests
  3. 3 Whether the application was the proper forum to correct alleged errors in the land grant

Ratio Decidendi

The court refused the intervener leave to proceed because a valid Grant of Probate vests administration in the appointed executor; the application seeking to amend the will/grant and to control administration was not the proper forum, no exceptional circumstances were shown to justify intervention, and matters of transfer and registration fall within the executor's powers to execute consistent steps; accordingly the application is dismissed.

Court Disposition

Application dismissed

Orders

  • Application by Low Peck Lim (Intervener/Second Applicant) dismissed
  • Costs awarded to Applicant (Low Shirly) on indemnity basis