Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Faraid order
  • 7 Dec 2021

    NAZIRUL MUBIN

    Citation
    BA-32NCVC-257-03/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-32NCVC-257-03/2021 (Mahkamah Tinggi)

    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.