Tee Sien Ghee

Tee Sien Ghee

Application dismissed because section 22 PAA 1959 does not permit appointment of a co-administrator where a valid administrator already exists; applicant failed to comply with mandatory Order 72 ROC 2012 requirements for contentious probate and failed to serve the administrator; applicant should have pursued remedies against the administrator or applied under appropriate provisions; existence of Deed of Trust and Power of Attorney further negated need for co-administrator.

Citation
WA-31NCvC-2850-12/2021 (Mahkamah Tinggi)
Parties
Applicant: Tee Sien Ghee; Administrator (letters of Administration Grantee): Woo Wen Qian; Deceased: Wong Weng Bun; Interested Party / Purchaser: Koh Siew Lian
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 April 2022
Case Number
WA-31NCvC-2850-12/2021 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (probate/administration) / Judgment on Originating Summons Application Dismissed
Outcome
Application dismissed
Legal Topics
Section 22 Probate and Administration Act 1959, Section 30 Probate and Administration Act 1959, Order 72 Rules of Court 2012 Compliance, Letters of Administration, Power of Attorney Effect on Estates, Contentious Probate Procedure
Source Language
Malay/English
Probate and Administration Trusts Civil Procedure Property Law Section 22 Probate and Administration Act 1959 Section 30 Probate and Administration Act 1959 Order 72 Rules of Court 2012 Compliance Letters of Administration +2 more

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Parties

Tee Sien Ghee

Applicant

Woo Wen Qian

Administrator (letters of Administration Grantee)

Wong Weng Bun

Deceased

Koh Siew Lian

Interested Party / Purchaser

Procedural Posture

Originating Summons (probate/administration) / Judgment on Originating Summons Application Dismissed

Legal Issues

  1. 1 Whether section 22 PAA 1959 permits appointment of a co-administrator where an administrator already exists
  2. 2 Whether non-cooperation by an administrator means there is no representative 'able and willing to act' under s.22
  3. 3 Whether applicant complied with mandatory procedural requirements of Order 72 ROC 2012 for contentious probate

Ratio Decidendi

Application dismissed because section 22 PAA 1959 does not permit appointment of a co-administrator where a valid administrator already exists; applicant failed to comply with mandatory Order 72 ROC 2012 requirements for contentious probate and failed to serve the administrator; applicant should have pursued remedies against the administrator or applied under appropriate provisions; existence of Deed of Trust and Power of Attorney further negated need for co-administrator.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • No order as to costs