30 Oct 2024
TEOH TEIK LIN ROCKWILLS TRUSTEE BERHAD
- Citation
- WA-A52-26-03/2023 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- WA-A52-26-03/2023 (Mahkamah Sesyen)
The Executor Appointment Form signed and agreed by the testator and defendant constituted the binding agreement governing executor fees; its clause expressly entitled defendant to 1% of the gross estate (subject to the form's minimum) and was silent on any maximum, so clause 15 of the Will (the prior agreement with HSBC limiting fees to RM80,000 per year) did not bind the defendant; an express term in the form excluded any implied maximum; accordingly defendant lawfully charged RM437,765.88 and plaintiff's claim for RM277,765.88 failed.