Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Revocation of grant of probate

Legal area

Court

28 May 2025

Loke Suat Choo Loke Yi Lin

Citation

32NCVC-300-05/2013 (Mahkamah Tinggi)
Court

High Court
Case number

32NCVC-300-05/2013 (Mahkamah Tinggi)

The citation was struck out because it was issued under the wrong procedural provision (Order 71 instead of contentious Order 72), lacked the mandatory verifying affidavit required by Order 72, and amounted to an abuse of process given the Respondent's prior unsuccessful attempts and appellate rulings addressing standing; the Registrar erred in refusing to strike it out.
17 Feb 2022

PUNNUSAMY A/L ARUNASALAM 1. ) MANIMARAN A/L ARUNASALAM 2. ) RAMU A/L ARUNASALAM

Citation

BA-22NCvC-69-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-69-02/2020 (Mahkamah Tinggi)

On the evidence the deceased understood the nature and effects of the will when executed on 5.9.2018: the will was prepared per her instructions, translated into her language, and she executed it by thumbprint in the presence of a credible independent attesting witness; the defendants had already propounded the will and obtained Grant of Probate, and the plaintiff failed to prove on the balance of probabilities that the deceased lacked testamentary capacity, therefore the challenge to revoke the Grant of Probate failed and the plaintiff's action was dismissed.