Malaysia Case Law: Decisions & Judgments

Topic

Executor duties

Legal area

Court

10 Jun 2024

NG CHII CHONG NG CHII SHIANG

Citation

WA-24NCvC-5246-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-5246-11/2023 (Mahkamah Tinggi)

The court ordered that the Applicant is entitled to transfer of the bequeathed property but stayed enforcement of that order until disposal of OS No.1422 or until the Applicant pays RM102,000 into his solicitors' stakeholder account because statutory duties under S.67(1)(a) Probate & Administration Act 1959 and S.74 Income Tax Act 1967 permit an executor to delay distribution to ensure estate debts and taxes are provided for and the Respondent, having advanced funds, is entitled to a claim against beneficiaries; the stay secures the Respondent's claim without denying the Applicant his entitle…
2 Aug 2022

ONG JIT KIEN YU SEW NGO@YEW SIEW NGER

Citation

CB-22NCvC-22-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

CB-22NCvC-22-10/2019 (Mahkamah Tinggi)

On the balance of probabilities the Plaintiff failed to prove the Defendant concealed assets or breached fiduciary duties; evidence showed the Defendant disclosed assets known to her and produced bank witness statements and account records, therefore the substantive claims failed, but the court exercised its equitable probate powers to appoint the Plaintiff as co‑executor to ensure transparency and resolve disputes.
30 Nov 2021

LAIN-LAIN In the Estate of Loh Ah Moy @ Loh Siew Keng (NRIC No: 090313-10-5076)

Citation

S3-32-535-2001 (Mahkamah Tinggi)
Court

High Court
Case number

S3-32-535-2001 (Mahkamah Tinggi)

The application to strike out the citation was dismissed because the citation complied with procedural requirements (Order 72 r7 and r8), the Citee was properly cited as the sole surviving executor under s14 P&A Act, any failure to produce the Grant warranted an extension of time rather than striking out, and merits of claims are to be determined in the writ action not in citation proceedings.
3 Mar 2020

1. WANG ZHI YU (PEOPLE’S REPUBLIC OF CHINA PASSPORT NO.: E91080295) 2. TEH WEI KIAN (NRIC NO.: 960531-43-5109) 1. TEO SUNG NGIAP (NRIC NO.: 601017-12-5007) 2. TEO KIM CHUANG (NRIC NO.: 920911-12-5499) 3. TEO SOON KEE (NRIC NO.: 701106-12-53

Citation

WA-22NCC-443-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-443-08/2019 (Mahkamah Tinggi)

The Court struck out the Statement of Claim against the 4th Defendant because the pleaded case did not disclose material facts tying him to the transfer; independent affidavit evidence (Lee Ying Kit) showed the transfer was effected by another person and there was no evidence the 4th Defendant possessed or handled the transfer instrument; the fraud allegation was vague and the plaintiffs failed to adduce evidence to substantiate pleadings, rendering the claim plainly unsustainable under O.18 r.19.
31 Oct 2019

WONG POOI YEN TANG SENG CHEONG

Citation

WA-24NCVC-93-01/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCVC-93-01/2019 (Mahkamah Tinggi)

The court held that although it would not decide allegations of breach of fiduciary duty or remove the executor, the executor is obliged under s62 PAA 1959 to furnish a true inventory and verified accounts and, for transparency and proper administration, the court will order production of bank and share statements (from Jan 2015 to date) and require the executor to seek from the TTN executrix the relevant bank/share statements and inventory of assets bequeathed to CYH; reliefs granted subject to specified deadlines and conditions and costs awarded to plaintiffs' application.

Malaysia Case Law

NG CHII CHONG NG CHII SHIANG

ONG JIT KIEN YU SEW NGO@YEW SIEW NGER

LAIN-LAIN In the Estate of Loh Ah Moy @ Loh Siew Keng (NRIC No: 090313-10-5076)

1. WANG ZHI YU (PEOPLE’S REPUBLIC OF CHINA PASSPORT NO.: E91080295) 2. TEH WEI KIAN (NRIC NO.: 960531-43-5109) 1. TEO SUNG NGIAP (NRIC NO.: 601017-12-5007) 2. TEO KIM CHUANG (NRIC NO.: 920911-12-5499) 3. TEO SOON KEE (NRIC NO.: 701106-12-53

WONG POOI YEN TANG SENG CHEONG