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2017 MarsdenLR 2863

HIGH COURT MALAYA GEORGETOWN
HARJINDER KAUR SHAM SINGH & ANOR – Appellant
Versus
BALVINDER SINGH SHAM SINGH & ORS & OTHER CASES – Respondent


Judgement Key Points

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Table of Content
1. claims made by the plaintiffs regarding the will and death. (Para 20 , 21 , 22)
2. validity of the will under wills act and evidence act. (Para 24 , 57 , 61)
3. legal basis for will validity and presumption of undue influence. (Para 30 , 31 , 32 , 33 , 54)
4. actual death of the testatrix and subsequent need for intestacy distribution. (Para 56 , 81)
5. consequences of invalid will and probate process. (Para 75 , 83 , 104)
6. final rulings on the probate and administration of the estate. (Para 80 , 82)
For purposes of this judgment and decisions, I will address the Defendants (others than the Third Defendant) simply as the Defendants unless the context otherwise require where they would then be individually singled out.

Preliminary

[8] When this Suit came before me for pre-trial case management, there were three other applications that were pending, to wit: the O 14A application filed by the Plaintiffs dated 4 March 2015 within this Suit ("O 14A Application"), the First, Fourth and Seventh Defendants' Penang High Court Originating Summons no 25-143- 12/2014 dated 30 December 2014 for removal of private caveat lodged by the Plaintiffs dated 30 December 2014 ("OS") and the

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