(Enclosure 7)

Ahmad Murad Abdul Aziz JC:

Introduction

[1] The Plaintiffs applied for summary judgment (Enclosure 7) in this action, instituted for a declaration that the last Will and Testament of the late Mr Lee Poi Sam is the Will dated 17 July 2018 and that the Will dated 1 April 2005 has been revoked, and for other ancillary orders.

After reading the pleadings, the affidavits and the written submissions filed by the parties, I allowed the Plaintiffs' application for summary judgment in terms of the prayers in the Statement of Claim. The Defendant being dissatisfied with my decision has filed an appeal. The grounds for my decision appear below.

Background Facts

[2] (a) The late Mr Lee Poi Sam (the deceased) died on 23 June 2019. Prior to his death, he made 3 Wills;

i. Will dated 1 April 2005 (the 2005 Will), naming the Defendant as executor and sole beneficiary of his estate.

ii. A Will dated 27 April 2016 (the 2016 Will), naming the 1st Plaintiff as the executrix and sole beneficiary of his estate.

iii. A Will dated 17 July 2018 (the 2018 Will), naming both Plaintiffs as the executrixes and the only beneficiaries of his estate.

(b) The Plaintiffs are the joint executrixes and the