Ho Hee Yik 1. ) TEE YEN CHONG 2. ) TEE SAY HONG

Ho Hee Yik 1. ) TEE YEN CHONG 2. ) TEE SAY HONG

The court accepted the handwriting expert that the signature on the purported will was of different authorship and the defendants failed to produce a necessary attesting witness, inviting an adverse inference; the will therefore failed statutory attestation requirements and is invalid. The court found a customary marriage between the deceaseds was proven. Consequently the deceased died intestate and the plaintiff, as administrator of the deceased husband, is entitled to obtain letters of administration to administer the deceased wife's estate in accordance with the Distribution Act 1958.

Citation
JA-22NCvC-144-10/2020 (Mahkamah Tinggi)
Parties
Deceased (subject Estate): Pusaka Lee Gek Kwee; Plaintiff (administrator of the Estate of Kew Chai @ Ho Ying Choon): Ho Cheong @ Ho Koong Choong; Plaintiff (administrator De Bonis Non of the Estate of Kew Chai @ Ho Ying Choon): Ho Hee Yik; Defendant: Tee Yen Cheong; Defendant: Tee Say Hong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 June 2025
Case Number
JA-22NCvC-144-10/2020 (Mahkamah Tinggi)
Procedural Posture
Inheritance / Contested Probate (declarations and Administration) / Judgment (trial)
Outcome
Declarations granted in favour of the Plaintiff; the purported will held null and void; deceased found to have died intestate; Plaintiff entitled to proceed to obtain letter(s) of administration.
Legal Topics
Validity of Will, Execution and Attestation, Handwriting Expert Evidence, Customary Marriage, Letters of Administration, Adverse Inference of Witness Absence, Distribution of Intestate Estate
Source Language
Malay/English
Probate Wills Evidence Family Law Administration of Estates Validity of Will Execution and Attestation Handwriting Expert Evidence +4 more

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Parties

Pusaka Lee Gek Kwee

Deceased (subject Estate)

Ho Cheong @ Ho Koong Choong

Plaintiff (administrator of the Estate of Kew Chai @ Ho Ying Choon)

Ho Hee Yik

Plaintiff (administrator De Bonis Non of the Estate of Kew Chai @ Ho Ying Choon)

Tee Yen Cheong

Defendant

Tee Say Hong

Defendant

Procedural Posture

Inheritance / Contested Probate (declarations and Administration) / Judgment (trial)

Legal Issues

  1. 1 Whether the purported will of Lee Gek Kwee is validly executed and authentic
  2. 2 Whether attesting witness evidence was proved or their absence justifies adverse inference
  3. 3 Whether a customary marriage existed between Lee Gek Kwee and Kew Chai @ Ho Ying Choon

Ratio Decidendi

The court accepted the handwriting expert that the signature on the purported will was of different authorship and the defendants failed to produce a necessary attesting witness, inviting an adverse inference; the will therefore failed statutory attestation requirements and is invalid. The court found a customary marriage between the deceaseds was proven. Consequently the deceased died intestate and the plaintiff, as administrator of the deceased husband, is entitled to obtain letters of administration to administer the deceased wife's estate in accordance with the Distribution Act 1958.

Court Disposition

Declarations granted in favour of the Plaintiff; the purported will held null and void; deceased found to have died intestate; Plaintiff entitled to proceed to obtain letter(s) of administration.

Orders

  • Declaration that deceased Kew Chai @ Ho Ying Choon is a lawful husband of deceased Lee Gek Kwee.
  • Declaration that the will of deceased Lee Gek Kwee is forged and therefore null and void.