Malaysia Case Law: Decisions & Judgments

Topic

Knowledge and approval of will

Legal area

Court

4 Nov 2025

1. ) MARK SAW KHAY LIANG 2. ) CHARMAINE SAW CHIN PUAY ANDREW SAW KHAY CHI

Citation

PA-22NCvC-60-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-60-03/2021 (Mahkamah Tinggi)

On the balance of probabilities the 2017 Will was valid: direct contemporaneous evidence from the testator's lawyer and attesting witness showed Father instructed, read and approved the 2017 Will and arranged witnesses and safekeeping; medical evidence did not establish incapacity at the material time; no evidence of undue influence or fraud; propounder dispelled suspicious circumstances therefore probate for the 2017 Will was granted.
10 Sept 2024

1. ) KONG KIN LAY 2. ) KONG LAN SU 3. ) KONG LAN KIAT 4. ) KONG KIN HOCK 5. ) KONG LAN HO 6. ) KONG LUM FONG 7. ) Kong Lan Lee 1. ) KONG KIN SIONG 2. ) KONG LAN CHOON 3. ) KONG KIEN TOON

Citation

W-02(NCvC)(W)-290-02/2023 (Mahkamah Rayuan)
Court

NCvC
Case number

W-02(NCvC)(W)-290-02/2023 (Mahkamah Rayuan)

Appeal allowed: on balance of probabilities the will of 10.5.2014 was invalid because (a) there was a real doubt as to the deceased’s testamentary capacity due to advanced age and medical evidence; (b) the two attesting witnesses (particularly SD1) were unreliable and material contemporaneous records were not produced; (c) suspicious circumstances and evidence of control/undue influence were established and respondents suppressed material medical evidence; and (d) in the circumstances the Golden Rule ought to have been followed; accordingly probate was revoked and the estate declared intestat…

Malaysia Case Law

1. ) MARK SAW KHAY LIANG 2. ) CHARMAINE SAW CHIN PUAY ANDREW SAW KHAY CHI

1. ) KONG KIN LAY 2. ) KONG LAN SU 3. ) KONG LAN KIAT 4. ) KONG KIN HOCK 5. ) KONG LAN HO 6. ) KONG LUM FONG 7. ) Kong Lan Lee 1. ) KONG KIN SIONG 2. ) KONG LAN CHOON 3. ) KONG KIEN TOON