SHEILA A/P KUPPUSAMY PENSITASI 1. ) SURANDERAN A/L G. KUPPUSAMY 2. ) SUSILA A/P KUPPUSAMY

wa-32ncvc-1719-06-2025 High Court (Mahkamah Tinggi) 24 February 2026 • WA-32NCvC-1719-06/2025 • 23 min read
5 cases cited (1 SG, 4 foreign)

Catchwords

Order 71 rule 37(14) Rules of Court 2012 – Probate matter deemed to be a contested matter upon entry of appearance by a caveator – Order 71 rule 38 – Power to decide whether a contested probate matter ought to be decided summarily or escalated to a “probate action” under Order 72 – Order 38 rule 2(2) – Power to order a deponent of an affidavit to attend court to be cross-examined – Effectiveness of Order 38 rule 2(2) to assist the court to make conclusive finding of facts without a full-blown trial –Applicant for Grant of Probate bears burden of proof to prove testamentary capacity and dispel allegations of suspicious circumstances – Evidence of witness who drafted and attested the deceased’s signature sufficient to prove testamentary capacity – Cross-examination of deponent of attestation affidavit effective to assist Court under Order 71 rule 38 – Evidence adduced in support of the will is disinterested, satisfactory and sufficient to prove the testator’s sound mind – Unequivocal evidence proved strained relationship between the deceased and caveator – Sufficient opportunity given to caveators to cross-examine attestation witness and to adduce evidence to support their allegations of vitiating elements – No evidence of vitiating elements of fraud, duress or undue influence – Court may weigh all available evidence to decide under Order 71 rule 38 Rules of Court 2012 to set aside caveat and allow issuance of Grant of Probate

Judges (1)

Gan Techiong Delivered

Counsel (5)

Peru & Co Firm Rozlan Khuen Firm Heng Aik Sze Counsel Applicant Perumal Sunderan Counsel Respondent RK Nathan Counsel Applicant

Parties (3)

Sheila a/p Kuppusamy Applicant Suranderan a/l G. Kuppusamy Citee Susila a/p Kuppusamy Citee

Statutes Cited

Rules of Court 2012

Cases Cited (5)

SLR (1)
[1999] 2 SLR 579
MY (4)
[1974] 1 MLJ 62 [1998] 3 CLJ 141 [2005] 2 MLJ 1 [2023] 3 CLJ 23

Judgment

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Source: eJudgment (wa-32ncvc-1719-06-2025)