Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Appointment of executor

Legal area

Court

10 Jan 2023

TEA BENG HENG 1. ) ENG HONG PALM OIL MILL SDN BHD 2. ) HENG LIAN PLANTATION SDN BHD

Citation

BA-24NCC-110-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCC-110-10/2021 (Mahkamah Tinggi)

The originating summons was dismissed because there are substantial and material disputes of fact — including contested executor appointments, multiple prior grants, the sale of the D1 shares, and concurrent proceedings in another High Court — that cannot be resolved without oral evidence at a trial; consequently the remedy sought (transfer of shares) cannot be granted on originating summons and the plaintiff's application is therefore refused with costs.
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.