1. ) Chin Yuei Khen 2. ) Chin Kon Lim 3. ) Chin Jwee Wan v Chin Kon Shu PIHAK YANG DIGARNIS Malayan Banking Berhad PIHAK TERKILAN 1. ) CHIN FAN HEE & SONS SDN BHD 2. ) Kah Meow Lim Plantations Sdn Bhd
wa-22ncvc-550-08-2019 High Court (Mahkamah Tinggi) 15 April 2024 • WA-22NCvC-550-08/2019 • 23 min read
3 cases cited
(0 SG, 3 foreign)
Catchwords
Civil Procedure—Pleadings—Statement of Defence—Failure to plead - Whether the defendant's admission during trial that he had made withdrawals with the deceased's permission was valid despite not being pleaded in his statement of defence Civil Procedure—Witnesses—Credibility—Whether the attesting witnesses, an advocate & solicitor and an interpreter, were credible Wills—Testamentary Capacity—Sound mind—Whether the deceased had the testamentary capacity to execute the will, despite being 88 years old and having a history of heart surgeries Wills—Execution—Wills Act 1959—Whether the impugned will was executed in accordance with the Wills Act 1959. Wills—Suspicious Circumstances—Burden of Proof—Whether the defendant dispelled suspicious circumstances surrounding the making of the will. Wills—Gifts inter vivos—Undue influence—Whether the transfers of shares and landed properties were obtained by fraud and/or undue influence. Trusts—Trust money—Misappropriation of funds—Whether the defendant was a trustee of the dividend money - Whether the RM1,000,000.00 held by the defendant must be returned to the estate. Banking—Joint account—Right of Survivorship—Whether the right of survivorship confers beneficial ownership on the surviving account holder - Whether the balance in the Maybank joint account forms part of the deceased's estate
Counsel (8)
Statutes Cited
National Land Code (Cap 828)
Cases Cited (3)
MY (3)
[2003] 2 CLJ 19 [2006] 3 CLJ 207 [2019] 5 CLJ 1
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncvc-550-08-2019)