3 Dec 2024
SIVASHANGIRI A/P R SEKAR SUNTHARARAJU A/L PACHAYAPPAN
- Citation
- KA-22NCvC-43-06/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KA-22NCvC-43-06/2021 (Mahkamah Tinggi)
On the balance of probabilities the court accepted the evidence of the solicitor who prepared the 18.12.2019 will, the attesting witness and the hospital doctor's contemporaneous letter that the deceased had capacity and executed the 18.12.2019 will; therefore the 18.12.2019 will is the valid last will which revoked earlier wills, the probate obtained by defendant based on the 26.8.2019 document is invalid and is set aside, and plaintiff is entitled to apply as executor and to remedies including injunction, RM30,000 general damages, costs RM30,000 and interest at 5% per annum.