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2022 MarsdenLR 63

HIGH COURT MALAYA SHAH ALAM
PUNNUSAMY ARUNASALAM – Appellant
Versus
MANIMARAN ARUNASALAM & ANOR – Respondent


Petitioner Advocates:Shamsher Singh Thind,Gunamalar Joorindanjn ,Respondent Advocate: Komathi Arunasalam

JUDGMENT

Choo Kah Sing J:

Introduction

[1] The plaintiff sought a court order to revoke or set aside a Grant of Probate dated 4 September 2019 which was granted by this court under Originating Summons No. BA-32NCVC-599-07/2019 (hereafter 'the probate action') in relation to a will dated 5 September 2018 (hereafter 'the impugned will'). The probate action was filed by the defendants (who were the executors / beneficiaries of the impugned will) in year 2019.

[2] In essence, the plaintiff's action questioned the legitimacy of the impugned will. The plaintiff averred the testatrix, who was the plaintiff's mother, did not have the testamentary capacity at the time of the making of the impugned will. The parties have gone through a full trial. On 17 February 2022, this court dismissed the plaintiff's action. The reasons for the decision are set out below.

The Background Facts

[3] The plaintiff and the defendants are siblings. The testatrix, Thangammah a/p Muthu (hereafter 'the Deceased'), passed away on 22 June 2019, and the cause of her death was "stroke" as stated in the Death Certificate.

[4] Before her passing, the Deceased made the impugned will on 5 September 2018. The impugned Will was p


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