Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Revocation of wills

Legal area

Court

26 Dec 2023

1. ) Wasunan Tonrab 2. ) Thitima Sae-Lee Lee Ah Sin @ Lee Sin Kee

Citation

JA-22NCvC-149-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-149-09/2019 (Mahkamah Tinggi)

The 2018 Will was validly executed and proved: formalities satisfied, independent attesting solicitors corroborated testamentary capacity and knowledge/approval, no vitiating extraneous factors proved by the Defendant, the 2018 Will expressly revoked earlier wills (including 2005 Will), therefore probate based on the 2018 Will must be maintained, the Kuala Lumpur caveat must be revoked, and costs awarded to Plaintiffs; Defendant's counterclaim dismissed.
23 Sept 2020

1. WASUNAN TONRAB ( KP THAILAND NO.: 1520100103239) ( PASSPORT THAILAND NO.: AB1005351) 2. THITIMA SAE-LEE ( KP THAILAND NO.: 1520100084111) ( PASSPORT THAILAND NO.: AB8187380) LEE AH SIN @ LEE SIN KEE ( NO. KP: 481002-01-5127 / 1865397)

Citation

JA-22NCVC-149-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCVC-149-09/2019 (Mahkamah Tinggi)

The 2018 Will complied with the statutory formalities and was prima facie valid; the defendant failed on balance of probabilities to prove lack of testamentary capacity or undue influence and offered only bare allegations; the 2005 Will was revoked by subsequent wills; no triable issues were shown, therefore summary judgment for the plaintiffs was appropriate.