20 Nov 2020
HON SOCK FAN 1. ) HON KONG SENG 2. ) HON SOOK KUAN 3. ) CHEN TIAN SANG 4. ) NGOH CHIN LAN
- Citation
- WA-22NCVC-587-09/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCVC-587-09/2018 (Mahkamah Tinggi)
On the balance of probabilities the propounders proved testamentary capacity and due execution; the challenger failed to prove forgery or lack of capacity. Handwriting expert evidence was inconclusive due to absence of originals, inadequate and non-contemporaneous specimens and poor quality copies; independent attesting witnesses were credible. Therefore the will dated 11.6.2013 is valid and the plaintiff's action is dismissed with costs of RM30,000.