29 Aug 2024
Choong Ee Loo Chang Ah Hoi
- Citation
- CB-22NCvC-3-02/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-22NCvC-3-02/2021 (Mahkamah Tinggi)
The court found the Letter of Undertaking and the irrevocable Power of Attorney established on the balance of probabilities that Chang Seng sold the land to Chong Keow and Wong Fong Thay and that the presumption under s85 Evidence Act was not rebutted; consequently the land was not part of Chang Seng's estate and the 13 July 2010 amendment to the probate asset list was improperly obtained and is set aside; the defendant holds the property as trustee for the estate of Chong Keow and the land records must be corrected and a replacement title issued to the plaintiff as administrator.