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HIGH COURT SABAH & SARAWAK KUCHING
LOONG SEH KIONG & ANOR – Appellant
Versus
LAU KIA LEE (ENCL 1) – Respondent
| Table of Content |
|---|
| 1. introduction to the application regarding the deceased's testamentary distribution. (Para 1 , 2 , 3) |
| 2. applicants assert duty of executrix to settle debts before distribution. (Para 8 , 10 , 11) |
| 3. respondent argues applicants lack standing due to incomplete estate administration. (Para 12 , 14 , 15) |
| 4. court agrees with respondent on the issue of locus standi to enforce actions. (Para 21 , 22 , 23) |
| 5. court concludes originating summons dismissed; no obligation to pay debts by respondent. (Para 26) |
Introduction
[1] This is an application by the 1st and 2nd applicants vide Originating Summons dated 5 November 2021 [Encl 1] for the following orders:
(a) A declaration that the respondent as the sole Executrix and Trustee for the late Jenny Lau Kia Hwei do settle and pay all of the debts of Jenny Lau Kia Hwei ("Deceased") in accordance with the Last Will and Testament of Jenny Lau Kia Hwei [WN KP 700709-13-5154] dated 28 November 2019 ("the Testator's Last Will") and to thereafter execute all transfer documents to distribute properties in compliance with s 17 of the Administration of Estates Ordinance (Cap 80).
(b) That if the respondent further refuse
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