25 Nov 2021
XXXX XXXX
- Citation
- P-02(NCvC)(W)-221-02/2019 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- P-02(NCvC)(W)-221-02/2019 (Mahkamah Rayuan)
The Court of Appeal affirmed the High Court: the trial judge’s credibility findings (accepting the solicitor witness as credible) and factual conclusions were rational and not plainly wrong; the propounders failed to adduce sufficient evidence to rebut the presumption that the original will was destroyed or to dispel relevant suspicious circumstances; compliance with formal execution was proven by the credible attesting witness under s.68 Evidence Act such that calling the second attesting witness was not mandatory where the one witness proved execution; allegations of undue influence and lac…