Malaysia Case Law: Decisions & Judgments

Topic

Probate

Legal area

Court

15 Aug 2024

MUHAMAD FARIS BIN MOHD FATHIL

Citation

BA-32NCvC-720-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-32NCvC-720-07/2024 (Mahkamah Tinggi)

The High Court will not grant probate based on a will of a Muslim deceased where the validity of that will falls within the jurisdiction of the Syariah courts; under O.71 r.4 the Registrar may and should require proof including a Syariah court determination of validity and, absent such proof, the originating summons for probate is dismissed.
18 Jul 2024

1. ) LANG KONG HONG 2. ) LANG KONG WAI LANG KONG YONG

Citation

CB-24NCvC-89-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

CB-24NCvC-89-02/2024 (Mahkamah Tinggi)

Defendant failed to demonstrate a present caveatable interest at the time of lodging the caveat because his claimed entitlement depended on a future sale/transfer; he did not establish a serious triable issue nor that the balance of convenience warranted retention, therefore the private caveat must be cancelled.
18 Jan 2023

SAVATERY A/P JAYARAMAN TEOH YING RIN

Citation

BA-22NCvC-167-06/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-167-06/2020 (Mahkamah Tinggi)

Because the Defendant prepared the 2019 Will, was a substantial beneficiary, gave inconsistent accounts about prior wills and failed to produce or account for earlier wills or otherwise dispel the resulting suspicious circumstances, the propounder failed to satisfy the court's judicial conscience that the instrument represented the Testator's true will; therefore the 2019 Will was set aside and intestacy declared.
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.
15 Jul 2022

MT(2)-22-2109-07 (Mahkamah Tinggi)

Citation

MT(2)-22-2109-07 (Mahkamah Tinggi)
Court

2
Case number

MT(2)-22-2109-07 (Mahkamah Tinggi)

The application to substitute the applicant as party was allowed because the applicant, as executrix with a grant of probate, is the legal representative under s59 PAA 1959 and therefore has locus to enforce the Court of Appeal order; the High Court retains inherent jurisdiction to grant consequential orders to give effect to final judgments and is not functus officio in this context; substitution was necessary in the interests of justice to prevent the estate being deprived of the fruits of litigation.
6 Sept 2020

Chew Cheah Yin (No. KP: 940624-07-5570) Tan Lee Lee (No KP: 711009-07-5342) Wasi kepada Harta Pusaka Chew Kok Peng, simati PENCELAH Real Expansion Sdn Bhd (No Syarikat: 544485-X)

Citation

PA-22NCvC-35-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-35-02/2020 (Mahkamah Tinggi)

Intervention dismissed because the proposed intervener failed to show a present, direct interest: the sale agreement was conditional on State Authority consent and conferred no enforceable interest; the issues the intervener sought to raise were not in dispute between the existing parties; multiplicity of proceedings existed and consolidation was the proper remedy; and it was not a proper case to add a non-party as defendant against the plaintiff's wishes under Tajjul Ariffin.

Malaysia Case Law

MUHAMAD FARIS BIN MOHD FATHIL

1. ) LANG KONG HONG 2. ) LANG KONG WAI LANG KONG YONG

SAVATERY A/P JAYARAMAN TEOH YING RIN

ONG JIT KIEN YU SEW NGO@YEW SIEW NGER

MT(2)-22-2109-07 (Mahkamah Tinggi)

Chew Cheah Yin (No. KP: 940624-07-5570) Tan Lee Lee (No KP: 711009-07-5342) Wasi kepada Harta Pusaka Chew Kok Peng, simati PENCELAH Real Expansion Sdn Bhd (No Syarikat: 544485-X)