CHEW TENG TENG v 1. ) LIM YAW FOO 2. ) LIM SOW YOKE
Catchwords
Abstract Chew Teng Teng (sister-in-law) sued siblings Lim Yaw Foo and Lim Sow Yoke to validate the will of the deceased Lim Yew Shee, who died from COVID-19 in August 2020. The disputed will, dated 29 April 2017, named the plaintiff as executor and beneficiary. The plaintiff also claimed RM100,000 reimbursement for medical and funeral expenses. The will was allegedly prepared by Rockwills Corporation through agent Sally, with Sally and her daughter Serene serving as witnesses. The defendants contested the will's validity, claiming the deceased had informed them he made no will and alleging that the signature was forged. Key evidence indicated that the will was not registered in Rockwills' system until October 2021, payment records were inconsistent and the defendants' handwriting expert concluded the signatures were "highly probably not" genuine. The High Court dismissed the plaintiff's claim with costs, finding she had failed to dispel the suspicious circumstances surrounding the will's creation. Keywords Probate - will validity - suspicious circumstances - Wills Act 1959 - burden of proof - expert evidence - adverse inference
Judges (1)
Case Significance
CHEW TENG TENG v 1. ) LIM YAW FOO 2. ) LIM SOW YOKE is a High Court (Mahkamah Tinggi) decision dated April 7, 2025 (citation: wa-22ncvc-158-03-2022). The case was decided by Arziah binti Mohamed Apandi.
Key issues: Probate - will validity - suspicious circumstances - Wills Act 1959 - burden of proof - expert evidence - adverse inference.
What was the outcome of CHEW TENG TENG v 1. ) LIM YAW FOO 2. ) LIM SOW YOKE?
CHEW TENG TENG v 1. ) LIM YAW FOO 2. ) LIM SOW YOKE is a High Court decision dated April 7, 2025. The case was heard by Arziah binti Mohamed Apandi. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncvc-158-03-2022)