TAN KOK SOON
19 cases cited
(1 SG, 18 foreign)
Catchwords
Probate and Administration — Grant of probate — Caveat — Summary disposal under Order 71 Rule 38 Rules of Court 2012 — Whether dispute suitable for summary determination or should proceed as contentious probate action — Whether caveators raised genuine triable issues — Testamentary capacity — Suspicious circumstances — “Golden rule” — Failure to obtain medical examination prior to execution of will — Whether such failure vitiated will Probate and Administration — Testamentary capacity — Testator suffered stroke with left-sided paralysis — Will executed 10 years post-stroke — Attesting solicitors’ evidence of capacity — Subsequent medical report one year after will stating “partial capacity” — Caveators obtained ex parte order under Mental Health Act 2001 after will — Whether subsequent deterioration retroactively vitiated capacity — Suspicious circumstances — Bare allegations of forgery without expert evidence — Allegations of mismanagement of company collateral and irrelevant — Caveators withdrew related civil suit — Whether such allegations constituted suspicious circumstances
Judges (1)
Parties (1)
Statutes Cited
Companies Act 2016 (Cap 777)
Rules of Court 2012
Cases Cited (19)
SLR (1)
[2000] 1 SLR 315
UK (4)
[1959] 1 All ER 552 [2010] 1 WLR 2020 [2020] EWHC 1185 [2020] EWHC 632
MY (14)
[1974] 1 MLJ 62 [1982] 2 MLJ 241 [1992] 1 MLJ 400 [1992] 2 MLJ 217 [1998] 2 MLJ 330 [1999] 4 MLJ 537 [2000] 7 MLJ 738 [2002] 4 MLJ 97 [2003] 2 MLJ 97 [2007] 8 MLJ 117 [2008] 3 MLJ 10 [2008] 7 MLJ 151 [2017] 10 MLJ 387 [2020] 4 MLJ 581
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ta-32ncvc-12-06-2025)