1. ) WON HAN CHAI 2. ) WON HANG HOO 1. ) ON A WAN @ WAN HAN CHUAN 2. ) WON ENG SOON

1. ) WON HAN CHAI 2. ) WON HANG HOO 1. ) ON A WAN @ WAN HAN CHUAN 2. ) WON ENG SOON

The court concluded the prior judgment (Kes No.1) on a closely related will gave rise to res judicata on the core issues; medical and other evidence established the deceased lacked testamentary capacity during the relevant period, the propounder failed to prove capacity or rebut suspicious circumstances and possible undue influence, and plaintiffs had sufficiently complied with affidavit-of-scripts requirements; accordingly the three challenged wills were void, the deceased died intestate and the plaintiffs were appointed administrators with costs awarded.

Citation
DA-22NCvC-29-05/2019 (Mahkamah Tinggi)
Parties
Plaintiff: Won Han Chai; Plaintiff: Won Hang Hoo; Defendant: On A Wan @ Wan Han Chuan; Defendant: Won Eng Soon
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 December 2023
Case Number
DA-22NCvC-29-05/2019 (Mahkamah Tinggi)
Procedural Posture
Civil (contentious Probate) / Judgment
Outcome
Plaintiffs' claim allowed. The three wills dated 7.4.2014, 18.5.2014 and 12.6.2014 are declared void and of no legal effect; deceased died intestate; Plaintiffs appointed administrators and to be issued letters of administration; estate to be distributed under the Distribution Act 1958; costs awarded to Plaintiffs.
Legal Topics
Validity of Will, Testamentary Capacity, Undue Influence, Res Judicata / Issue Estoppel, Affidavit of Scripts, Costs
Source Language
Malay/English
Probate Succession Wills and Estates Civil Procedure Validity of Will Testamentary Capacity Undue Influence Res Judicata / Issue Estoppel +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Won Han Chai

Plaintiff

Won Hang Hoo

Plaintiff

On A Wan @ Wan Han Chuan

Defendant

Won Eng Soon

Defendant

Procedural Posture

Civil (contentious Probate) / Judgment

Legal Issues

  1. 1 Whether the three wills dated 7.4.2014, 18.5.2014 and 12.6.2014 are void for lack of testamentary capacity
  2. 2 Whether suspicious circumstances and/or undue influence invalidated the three wills
  3. 3 Whether prior judgment (Kes No.1) gives rise to res judicata/issue estoppel as to capacity and suspicious circumstances

Ratio Decidendi

The court concluded the prior judgment (Kes No.1) on a closely related will gave rise to res judicata on the core issues; medical and other evidence established the deceased lacked testamentary capacity during the relevant period, the propounder failed to prove capacity or rebut suspicious circumstances and possible undue influence, and plaintiffs had sufficiently complied with affidavit-of-scripts requirements; accordingly the three challenged wills were void, the deceased died intestate and the plaintiffs were appointed administrators with costs awarded.

Court Disposition

Plaintiffs' claim allowed. The three wills dated 7.4.2014, 18.5.2014 and 12.6.2014 are declared void and of no legal effect; deceased died intestate; Plaintiffs appointed administrators and to be issued letters of administration; estate to be distributed under the Distribution Act 1958; costs awarded to Plaintiffs.

Orders

  • Wills dated 7.4.2014, 18.5.2014 and 12.6.2014 are declared void and of no legal effect
  • Declaration that the deceased (Won Siok Wan) died intestate