TEOH YING RIN v SAVATERY A/P JAYARAMAN

b-02ncvcw-262-02-2023 Court of Appeal (Mahkamah Rayuan) 19 January 2025 • B-02(NCvC)(W)-262-02/2023 • 31 min read

12 cases cited (0 SG, 12 foreign)

Catchwords

Issue of the testator’s knowledge and approval of the terms of a will - whether there were suspicious circumstances surrounding the making of the impugned will which could move the court not to allow the impugned will to be probated if those suspicious circumstances were not dispelled or removed through affirmative proof - whether the testator was subject to undue influence in signing and making the impugned will.

Practice Areas

Issue of the testator’s knowledge and approval of the terms of a will

Judges (3)

Ahmad Kamal bin Md. Shahid Coram Choo Kah Sing Delivered Hashim bin Hamzah Coram

Counsel (9)

Izral Partnership Firm Zaid Ibrahim Suflan TH Liew & Partners Firm Andrew Phua Counsel Appellant Anisya Kaur Counsel Respondent Joycelyn Goh Counsel Appellant Liew Teck Huat Counsel Respondent Lim Qi Si Counsel Respondent Ong Kang Nyong Counsel Respondent Tharminder Singh Counsel Appellant

Parties (2)

Savatery a/p Jayaraman Respondent Teoh Ying Rin Appellant

Case Significance

TEOH YING RIN v SAVATERY A/P JAYARAMAN is a Court of Appeal (Mahkamah Rayuan) decision dated January 19, 2025 (citation: b-02ncvcw-262-02-2023). <p>The respondent (testator's lawful wife) challenged the probate of a will executed shortly before the testator's death, alleging suspicious circumstances and undue influence. The Court of Appeal reversed the High Court, finding that the trial judge erred in concluding that suspicious circumstances had not been dispelled, noting the testator had insisted on signing before a lawyer and the two attesting witnesses confirmed no coercion. The appeal was allowed and costs of RM130,000 awarded to the The panel comprised Ahmad Kamal bin Md. Shahid, Choo Kah Sing and Hashim bin Hamzah, with Choo Kah Sing delivering the judgment.

Summary

The respondent (testator's lawful wife) challenged the probate of a will executed shortly before the testator's death, alleging suspicious circumstances and undue influence. The Court of Appeal reversed the High Court, finding that the trial judge erred in concluding that suspicious circumstances had not been dispelled, noting the testator had insisted on signing before a lawyer and the two attesting witnesses confirmed no coercion. The appeal was allowed and costs of RM130,000 awarded to the appellant.

What was the outcome of TEOH YING RIN v SAVATERY A/P JAYARAMAN?

<p>The respondent (testator's lawful wife) challenged the probate of a will executed shortly before the testator's death, alleging suspicious circumst...

Cases Cited (12)

UK (4)

[1948] AC 161 [1959] 1 All ER 552 [2001] 1 WLR 1097 [2012] EWHC 2273

MY (8)

[1971] 2 MLJ 263 [1998] 3 MLJ 457 [2002] 4 CLJ 90 [2004] 4 CLJ 309 [2010] 5 MLJ 834 [2019] 10 CLJ 150 [2020] 10 CLJ 1 [2020] 7 CLJ 137