NAZIRUL MUBIN

NAZIRUL MUBIN

Probate was granted to the applicant because the deceased expressly named him as substitute executor in the will and that intention must be given effect; s4(2) is inapplicable as it concerns letters of administration; the caveator failed to make a proper application under s4(3) and evidence of acrimony, alleged...

Source-derived case information.

Citation
BA-32NCVC-257-03/2021 (Mahkamah Tinggi)
Parties
Applicant: Nazirul Mubin bin Ramlan; Caveator: Omarava Dana; Deceased: Ramlan bin Safri
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 December 2021
Case Number
BA-32NCVC-257-03/2021 (Mahkamah Tinggi)
Procedural Posture
Originating Summons for Grant of Probate / Determination of Contested Caveat by Summary Disposal Under Order 71
Outcome
Application allowed; probate granted to the Applicant Nazirul Mubin bin Ramlan as sole executor
Legal Topics
Grant of Probate, Appointment of Executor, Caveat, Faraid Order, Minor Beneficiaries, Application of S4 Probate and Administration Act
Probate Inheritance Civil Procedure Family Law Grant of Probate Appointment of Executor Caveat Faraid Order +2 more

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Parties

Nazirul Mubin bin Ramlan

Applicant

Omarava Dana

Caveator

Ramlan bin Safri

Deceased

Procedural Posture

Originating Summons for Grant of Probate / Determination of Contested Caveat by Summary Disposal Under Order 71

Legal Issues

  1. 1 Whether probate should be granted to the applicant as substituted executor named in the will
  2. 2 Whether the caveator is entitled to be appointed co-executor under s4(2) or s4(3) of the Probate and Administration Act 1959
  3. 3 Whether the existence of minor beneficiaries mandates appointment of multiple administrators

Ratio Decidendi

Probate was granted to the applicant because the deceased expressly named him as substitute executor in the will and that intention must be given effect; s4(2) is inapplicable as it concerns letters of administration; the caveator failed to make a proper application under s4(3) and evidence of acrimony, alleged violence, potential absence from the country and lack of substantiation of allegations justified the court's exercise of discretion to appoint the applicant sole executor to ensure efficient administration in accordance with the Faraid Order.

Court Disposition

Application allowed; probate granted to the Applicant Nazirul Mubin bin Ramlan as sole executor

Orders

  • Probate to the estate of Ramlan bin Safri is granted to Nazirul Mubin bin Ramlan
  • All estate to be administered and distributed in accordance with the will dated 6.2.2020 and the Faraid Order exhibited