1. ) AW PECK LUAN 2. ) TEE HUI LIN RACHEL v KAU PECK GUAT
Catchwords
Abstract This judgment invalidates the contested Will which named his Malaysian wife of 33 years as sole beneficiary. The Court ruled he lacked testamentary capacity when signing the document two days before his death from cancer. Applying the Banks v Goodfellow test and analysing medical evidence showing the testator was under high-dose Fentanyl and other medications while experiencing severe pain, the Court determined that suspicious circumstances surrounded the Will's execution. Keywords Testamentary capacity, Will validity, suspicious circumstances, Banks v Goodfellow test, burden of proof, terminal illness, opioid medication
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncvc-374-05-2021)