HIGH COURT MALAYA KUALA LUMPUR
CHENNA GOUNDER KANDASAMY – Appellant
Versus
ANGAMAH SUNAPPAN – Respondent
| Table of Content |
|---|
| 1. court analyzes the background and context leading to probate disputes. (Para 1 , 2 , 3) |
| 2. evidence presented by both plaintiff and defendant regarding will validity. (Para 4 , 5 , 6 , 7) |
| 3. discusses the burden of proof in will disputes. (Para 9 , 10) |
| 4. examination of the first will's validity. (Para 19 , 20 , 21 , 22) |
| 5. suspicious circumstances surrounding the first will. (Para 29 , 30 , 31 , 32) |
| 6. evaluation of the second will's formalities and witness testimonies. (Para 33 , 34 , 35 , 36) |
| 7. suspicious circumstances surrounding the second will's execution. (Para 40 , 41 , 42 , 43) |
| 8. final ruling on intestacy and wills. (Para 44) |
Introduction
[1] This case involves a writ action filed by the plaintiff son against his defendant mother, for a grant of probate concerning a will dated 20 November 2012 said to have been made by his deceased father (also husband to the defendant) ('the First Will"), at the same time challenging the validity of a subsequent will dated 14 February 2013 ('the Second Will"), and a counter-claim by the defendant for probate of the Second Will, pleading the invalidity of the First Will. After full trial, I decided t
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