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

ja-22ncvc-149-09-2019 High Court (Mahkamah Tinggi) 25 December 2023 • JA-22NCvC-149-09/2019 • 43 min read

9 cases cited (0 SG, 9 foreign)

Outcome

Accordingly, I allow the Plaintiffs’ claim as follows: (a) a declaration that the last will of Lee Poi Sam, the deceased is the Will dated 17.07.2018 dan the Will dated 01.04.2005 be revoked and invalid.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (ja-22ncvc-149-09-2019). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Probate – Validity of the Will – Last Will and Testament of the Deceased – whether the 2018 Will constitutes a valid Will – whether the deceased has testamentary capacity in executing the 2018 Will– whether 2018 Will is the last will of the deceased and revoked all his previous wills – whether the Subject Land was pledged in exchange of loan given by the deceased to the proprietor– whether the deceased is only a trustee of the Subject Land and consequently, the deceased is not entitled to bequeath it under the 2018 Will – whether the 2005 Will was prepared pursuant to the understanding or agreement between the siblings concerning the Subject Land

Practice Areas

Probate & Administration

Judges (1)

Wong Mee Ling Delivered

Counsel (5)

Clarence Edwin Counsel Plaintiff Diyana Kadir Counsel Plaintiff Norsuryati Binti Abd Karim Counsel Defendant R. Param Counsel Plaintiff Ungku Ahmad Hafis Counsel Defendant

Parties (3)

Lee Ah Sin @ Lee Sin Kee Defendant Thitima Sae-lee Plaintiff Wasunan Tonrab Plaintiff

Statutes Cited

Age of Majority Act 1971

s 2

Evidence Act 1950 (Cap 56)

Cases Cited (9)

MY (9)

[1975] 2 MLJ 146 [1998] 2 CLJ 33 [2002] 4 MLJ 97 [2003] 2 MLJ 97 [2005] 2 MLJ 1 [2007] 6 CLJ 791 [2019] MLJU 1435 [2020] 4 MLJ 581 [2022] 3 CLJ 274

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ja-22ncvc-149-09-2019)