12 Nov 2019
PREMAVATHY A/P BALAKRISHNAN DR. PREMALATHA A/P RAMA GOVINDA
- Citation
- A-02(NCVC)(W)-1817-09/2018 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- A-02(NCVC)(W)-1817-09/2018 (Mahkamah Rayuan)
Court of Appeal found no error in trial judge's findings: the Klang House was a matrimonial asset in which Respondent held a one‑half equitable share by resulting/constructive trust based on contributions and conduct; that half share was not part of the deceased's estate and therefore could not be disposed of by the Will; the Will dated 14.2.2016 was validly executed and the propounder had established a prima facie case of testamentary capacity and dispelled suspicion sufficiently; consequently appeal and cross‑appeal dismissed and no costs ordered.