LIEW WENG TANG v 1. ) CHEW MEU JONG 2. ) LIM IEE KUAN
Catchwords
Wills and Probate — Construction of Will — Interpretation of clause — Forfeiture clause — Whether clause empowers executrix to impose preconditions for release of legacy — Requirement for beneficiary to execute letter of undertaking not to dispute Will — Whether such precondition ultra vires powers of executrix Trusts — Fiduciary Duties of Trustees and Executors — Duty to administer estate in accordance with terms of Will — Duty of impartiality towards beneficiaries — Breach of fiduciary duty — Unilateral imposition of conditions not found in Will — Discriminatory distribution of legacies Contract — Construction of Testamentary Instrument — Modern approach to construction — Ascertaining intention of testator from ordinary meaning of words — Giving effect to all provisions of Will — No implication of terms where language is clear — Kalwant Singh a/l Ujagar Singh v Jaswant Kaur a/p Ujagar Singh applied Wills and Probate — Beneficiary’s Rights — Beneficiary’s entitlement to legacy — Whether commencement of proceedings to enforce Will constitutes a "dispute" or "claim" within meaning of forfeiture clause — Beneficiary not challenging validity of Will but seeking to enforce its terms — Forfeiture clause not engaged
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-24ncvc-4872-12-2024)