Malaysia Case Law: Decisions & Judgments

Topic

Contested probate

Legal area

Court

24 Apr 2025

PATMINDERJIT SINGH RUBA PENCELAH SHARIN KAUR RUBA A/P GURUBACHAN SINGH PENSITASI Bhagwant Kaur A/p Isher Singh

Citation

BA-32NCvC-963-09/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-32NCvC-963-09/2024 (Mahkamah Tinggi)

Where a caveator raises serious allegations impeaching a will but fails to commence formal contentious probate proceedings or file a citation and does not substantiate allegations with evidence, the court will exercise its discretion under Order 71 rule 38 to dispose of the matter summarily and may grant probate if the propounder's evidence remains unrebutted.
14 Nov 2021

FOO LI WEI (NO. K/P: 901213-03-5206)

Citation

DA-32NCvC-4-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

DA-32NCvC-4-02/2020 (Mahkamah Tinggi)

Caveats remained in force but the caveators failed to present affidavits or particulars establishing a real or triable issue as to testamentary capacity or undue influence; the will was properly executed with supporting witness affidavits and evidence that the deceased instructed and signed the will; therefore no substantive contested issue warranted referral to Order 72 and probate was granted to the applicant.
13 Oct 2021

1. SATHIYASEELAN A/L ARUNASALAM 2. SIVASATHIYAN A/L ARUNASALAM LAIN-LAIN SARDHA A/P PENGASAMY …... PROPOSED INTERVENOR

Citation

JB-31NCVC-118-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JB-31NCVC-118-08/2020 (Mahkamah Tinggi)

The proposed intervenor is the lawful biological sister and has a direct legal and financial interest; her application to intervene was timely under Order 15 r 6(2). Because there is a dispute over entitlement the matter is a contentious probate which must be begun by writ; therefore leave to intervene is granted, the originating summons is converted into a writ and existing affidavits will stand as pleadings to permit proper adjudication.
11 Mar 2021

LIM CHENG LIN LAIN-LAIN PENGKAVEATORS 1. LIM BOON CHENG 2. LIM POH LING 3. LIM TEAM LENG 4. LIM HENG SOON 5. LIM HENG CHUAN 6. LIM LAY TING

Citation

JB-32NCVC-128-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JB-32NCVC-128-07/2020 (Mahkamah Tinggi)

Because the siblings filed a writ contesting the will and entered private caveats, the originating summons under Order 71 became contested; Order 71 r38/Order 72 apply, the originating summons is stayed and must be consolidated with the writ for full adjudication; accordingly the caveat is to be maintained until final disposal and a case management is ordered.

Malaysia Case Law

PATMINDERJIT SINGH RUBA PENCELAH SHARIN KAUR RUBA A/P GURUBACHAN SINGH PENSITASI Bhagwant Kaur A/p Isher Singh

FOO LI WEI (NO. K/P: 901213-03-5206)

1. SATHIYASEELAN A/L ARUNASALAM 2. SIVASATHIYAN A/L ARUNASALAM LAIN-LAIN SARDHA A/P PENGASAMY …... PROPOSED INTERVENOR

LIM CHENG LIN LAIN-LAIN PENGKAVEATORS 1. LIM BOON CHENG 2. LIM POH LING 3. LIM TEAM LENG 4. LIM HENG SOON 5. LIM HENG CHUAN 6. LIM LAY TING