The Court has authority to correct clerical errors in judgments, but cannot retroactively change substantial details of a probate grant absent a clerical mistake.

Enclosure (13)

[1] On 9 July 2015, the applicant filed this application, encl (13), pursuant to O 20, rule 11 of the Rules of 2012 ("RC 2012") for leave to amend the "List of Assets" in the grant of probate dated 14 July 2003 that was issued on 21 August 2003 to the applicant in her capacity as the Executrix of the estate of her late husband, namely, CHIANG LAN CHAI @ CHEONG YAT LUEN (NRIC No: 410413-10-5321) who passed away on 7 November 2001 ("the deceased").

[2] The amendment sought is for the insertion of the description of the strata title ie "HS (D) PN (WP) 27007, M1/3/35, Mukim Petaling, Wilayah Persekutuan", that was issued on 26 February 2008 by the Land Office of the Federal Territory of Kuala Lumpur ("the Land Office"), under the Strata Titles Act 1985, to a developer, namely, Connaught Housing Development ("the developer"), for a real property in the "List of Assets" ("the real property").

[3] Prior to his demise, the deceased had purchased the real property from the developer vide a Sale and Purchase Agreement dated 7 September 1985 entered into between the deceased and the developer.

[4] Subsequently, on 15 April 2013, the developer transferred the real property to the applicant in her capacity as the Executrix of the estate of the deceased.

[5] Enclosure (13) is supported by the applicant's affidavit, encl (14), affirmed by the applicant on 2 July 2015.

Background Facts

[6] The background facts leading to the application are as follows:

(1) On 7 November 2001, at 9.30 am, the deceased passed away at the General Hospital Kuala Lumpur, leaving behind the applicant, who was aged 49 (forty nine) years old, at the material time, and their daughter who was aged 10 (ten) years old, at the material time, by the name of Cheong Wai Mun (birth certificate no: J-762585 and later NRIC No: 930902-14-5526).

(2) The deceased also left a last will dated 2 November 2001 and property situated within the jurisdiction of the Kuala Lumpur High Court.

(3) The property is a flat that was valued at RM80,000.00 at the material time.

(4) The address of the flat is No 5-2-7, Jalan 2/124, Taman Connaught, 56000 Cheras, Kuala Lumpur ("the flat").

(5) The flat was to be erected on land held under "hak milik HS (D) 27714, Mukim Petaling, Wilayah Persekutuan".

(6) In his last will, the deceased had named the applicant as the sole Executrix and Trustee of his estate in the event of his demise.

(7) The will has two recitals and three paragraphs.

(8) The two recitals state as follows:

"THIS IS THE LAST WILL AND TESTAMENT of CHIANG LAN CHAI @ CHEONG YAT LUEN (NRIC NO: 410413-10-5321) (OLD NRIC NO: 1157649) of No 119, Jalan Burung Garuda, Taman Bukit Maluri, Kepong, 52100 Kuala Lumpur made this 2nd day of November, 2001.

I, CHIANG LAN CHAI @ CHEONG YAT LUEN (NRIC NO: 410413-10-5321) (OLD NRIC NO: 1157649) hereby revoke all my former WILLS and TESTAMENTARY DISPOSITION made by me and declare this to be my LAST WILL and TESTAMENT."

(9) Paragraphs 1, 2 and 3 of the deceased's last will state as follows:

"1. I hereby appoint, SOO CHIN EN (NRIC NO: 530104-10-5156) (OLD NRIC NO: 8114522) of Unit No: 7, 2nd Floor, Block E (Phase 5) Taman Connaught, Cheras 56000 Kuala Lumpur to be my executrix and trustee of this my LAST WILL.

2. I DEVISE and BEQUEATH my whole undivided share in property known as Unit No: 7, 2nd Floor E (Phase 5) Taman Connaught, Cheras, 56000 Kuala Lumpur purchased vide Sale and Purchase Agreement dated 7th day of September, 1985 from the Developer, Connaught Housing Development Sdn Bhd (Company Registration No: 16306-V) to SOO CHIN EN (NRIC NO: 530104-10-5156) (OLD NRIC NO: 8114522) and CHEONG WAI MUN (BIRTH CERTIFICATE NO: J-762585) all in equal shares.

3. AND I DIRECT that my executrix and trustee shall pay out of my estate my just