Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Execution of wills

Legal area

Court

20 Jan 2025

TEOH YING RIN SAVATERY A/P JAYARAMAN

Citation

B-02(NCvC)(W)-262-02/2023 (Mahkamah Rayuan)
Court

NCvC
Case number

B-02(NCvC)(W)-262-02/2023 (Mahkamah Rayuan)

Appellate court held the propounder dispelled the suspicious circumstances by producing contemporaneous letters and other evidence demonstrating the testator knew and approved the contents of the impugned will; the High Court erred in conflating testamentary capacity with knowledge/approval and in placing undue weight on non-production of prior wills; the High Court order invalidating the will was set aside.
23 Jun 2021

1. ADAM SOFFIAN BIN ABDULLAH (previously known as PERN JINN YEH) 2. PERN SHENG SENG 3. PERN MEEI JING (F) 4. PERN KIAN BEE (F) 1. PERN JINN CHAI 2. PERN KIAN HOCK 3. PERN KIAN KOCK 4. WILLIAM PERN WEE LIM

Citation

JB-22NCVC-72-12/2018 (Mahkamah Tinggi)
Court

High Court
Case number

JB-22NCVC-72-12/2018 (Mahkamah Tinggi)

The will dated 26 October 2016 was validly executed and witnessed; evidence of the firm’s solicitor and clerk that the deceased understood and approved the will was accepted as credible; plaintiffs failed to discharge burden to prove lack of capacity, forgery or undue influence; Grant of Probate is regular and stands; consequently plaintiffs' writ dismissed and defendants' counterclaim for return/surrender of estate proceeds and damages allowed (with assessment), with costs to defendants.