6 Jul 2022
WOO WEI LIANG LIANG DINGHUI
- Citation
- W-02(IM)(NCvC)-519-03/2021 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-02(IM)(NCvC)-519-03/2021 (Mahkamah Rayuan)
Clause 2 of both Wills, by clear and ordinary language, appointed WWK as instituted executor and the appellant as substituted executor if WWK was unwilling or unable to act; 'unable to act for whatsoever reason' includes death, so on WWK's death the appellant succeeds as substituted executor. Section 12 P&A Act does not override an express scheme of representation in the testator's will; therefore chain of representation under s12 is inapplicable here. Questions 1 and 2 were suitable for summary determination under Order 14A on undisputed material facts.