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2025 MarsdenLR 1441

HIGH COURT MALAYA KUALA LUMPUR
AW PECK LUAN & ANOR – Appellant
Versus
KAU PECK GUAT (ENCL 164) – Respondent


Petitioner Advocates:Yap Siew Yee,Sim Li Ying ,Respondent Advocate: Kelvin Ng Chun Yee,Chai Wei Xin,Ng Ji Xian

JUDGMENT

Arziah Mohamed Apandi JC:

Background

[1] On 5 February 2025, this court gave Judgment declaring the deceased Tee Kok Cheng's will dated 6 October 2020 invalid and ordering intestate administration to the plaintiffs. The defendant, named as sole executor and beneficiary in the invalidated will, has appealed and now seeks a stay of execution pending appeal.

[2] The crux of the application seeks a stay of the execution of the Judgment dated 5 February 2025 pending the outcome of her appeal to the court of Appeal vide the Notice of Appeal dated 21 February 2025.

[3] The Judgment against the defendant was given with costs as follows:

(a) a declaration that the Will dated 6 October 2020 which is said to be Tee Kok Cheng's Last Will and Testament, deceased, be declared invalid;

(b) a declaration that Tee Kok Cheng, deceased, passed away intestate;

(c) an order granting to the Plaintiffs a Letter of Administration to administer the assets of Tee Kok Cheng, deceased;

(d) an order for restitution of all money withdrawn from Tee Kok Cheng's account and/or joint account with Tee Kok Cheng, is to be returned to the estate of Tee Kok Cheng, deceased; and

(e) an order for all the assets under the

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