The absence of a residuary clause in a will indicates that properties not specified do not belong to the executor, allowing for the issuance of Letters of Administration for those properties.

JUDGMENT

Azizan Md Arshad JC :

Introduction

[1] This is a case of an application for an extraction of the Letter of Administration (LA) for a part of the property that was not bequeathed in the Will dated 2 June 2017.

[2] This Court, on 22 March 2024 has allowed the Applicant's (Respondent) Application to obtain a Letter of Administration (LA) for part of the estate of the deceased through encl 1 with cost of RM5,000.00 to be paid by the Appellant (Intervener) to the Respondent subject to allocator fees. This is an appeal against the decision of this Court and parties are referred to as they were in the High Court.

Background Facts

[3] The Applicant is the legitime (lawful) wife of the Deceased who died on 29 May 2018 and whom has left a Will dated 2 June 2017. In the said Will, Intervener was appointed as the executrix and trustee to one property (land and house) Grant Number 159067, Lot No 19821, Mukim 15, Mukim Seberang Perai Tengah, Negeri Pulau Pinang, where a two Storey Bungalow is registered at address No 7, Alma Ria 2 Road, Alma Ria Park, 14000 Bukit Mertajam, Pulau Pinang.

[4] This case is not a complicated case as it involves only to the question of "whether the Intervener has acted wrongly when assumed that he has a power to administer for other property which is not specified in the Will" (the Grant of Probate was granted to the Intervener on 10 July 2018).

[5] The property left behind by the Deceased is as follows:

(a) the entire share of a house situated at No 7, Jalan Alma Ria 2, Taman Alma Ria, Bukit Mertajam, Penang (House No 7);

(b) the entire share of a house situated at No 18. Lorong Desa Cahaya 3, Taman Desa Cahaya, Taman Desa Cahaya, Bukit Mertajam, Penang;

(c) ½ shares of Grant Number 72139, Lot 8093, Mukim 15, Daerah Seberang Perai Selatan, Pulau Pinang where a house situated at No 65, Jalan Tasek Mutiara 1, Bandar Tasek Mutiara, 14120 Simpang Ampat Pulau Pinang (House No 65);

(d) a Yamaha Lagenda motorcycle bearing registration No PMK 3949;

(e) a Toyota Vios vehicle bearing registration No PJP 3811;

(f) a Mercedes Benz C200 vehicle bearing registration No PND 9600 (ie one of the Two Vehicles);

(g) a Honda Civic 1.5 TC vehicle bearing registration No PMV 8600 (ie one of the Two Vehicles);

(h) money in a bank account at Public Bank Bhd; and

(i) money in a bank account at Hong Leong Bank Bhd.

Issue

[6] The factum probandum (the ultimate fact in issue or main issue) that the parties argued was whether the Grant of Probate is only limited to the property that is stated or listed in the said Will?

Findings

[7] In the Will it is clear and undisputed that the Intervener is entitled to be the executrix and trustee of the property which is a bungalow and has a registered address as No 7, Jalan Alma Ria 2, Taman Alma Ria, Bukit Mertajam, Pulau Pinang.

[8] This Court refers to cl 5 of the Will which reads as follows:

"5.1 give, devise and bequeath my entire share in a unit of double storey bungalow bearing assessment address No 7, Jalan Alma Ria, Taman Alma Ria, 14000 Bukit Mertajam, Pulau Pinang held under Geran No 159067 (previously known as Hakmilik Sementara No H.S.(D) 54813, Lot No 19821, Mukim 15, Daerah Seberang Perai Tengah, Negeri Pulau Pinang unto Chye Siew Foon (NRIC No 670904-02-5634) solely and absolutely."

[9] The Deceased has also made a clear statement and intention that his heirs are not entitled to house No 7, Jalan Alma Ria, Taman Alma Ria, 14000 Bukit Mertajam, Penang. The relevant clause is cl 6 of the Will which states that:

"6. As to my other heir(s), I give my love and affection to them and I declare that I have provided sufficiently for them during my life time and therefore, they shall have no claim whatsoever to the above property under my estate."

[10] The Deceased's intention to give House No 7 to Intervenor is clear. It is also clear that there is nothing declared about the other properties, in the view of the absence of a residuary clause in the Will. Generally, a residuary clause is a clause in a Will that a