27 Jun 2022
1. ) Hong Lee Peng 2. ) Hong Lee Chuen 3. ) Hong Kok Ching 4. ) Ong Wai Lan 1. ) Hong Shaw Lin 2. ) Hong Brothers Corporation Sdn. Bhd. 3. ) Hong Tat Wei 4. ) Hong Siew Yin 5. ) Hong Tat Seng
- Citation
- BA-22NCvC-489-11/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-489-11/2019 (Mahkamah Tinggi)
Plaintiffs failed to prove sufficient cause to remove the executor because the Will unambiguously conferred absolute discretion on the 1st Defendant to call in, postpone sale and distribute estate assets; the alleged breaches were not established on balance of probabilities (transfers and distributions fell within the granted discretion, mixing of funds was at most negligent, alleged debt unproven); however the no-contest clause is unenforceable because there is no gift over; consequently plaintiffs' claim and defendants' counterclaim dismissed but 1st Defendant ordered to furnish full accoun…