The propounder of a will bears the burden to prove testamentary capacity and dispel suspicious circumstances; failure to do so renders the will invalid.

A. Introduction

[1] The Plaintiff filed this action challenging the validity of the will dated 29 April 2019 (the "2019 Will") executed by her late husband Nantha Kumaran a/l Saravanmuthu (the "Testator"). She seeks a declaration that the 2019 Will is null, void and of no effect and that it be set aside. She also seeks a declaration that the Testator had died intestate. The Testator was diagnosed with stage-3 non-Hodgkin's lymphoma in January 2018. He succumbed to the cancer and passed away on 7 June 2019.

[2] The Defendant is the propounder of the 2019 Will. She had filed an ex-parte Originating Summons No BA-32NCVC-580-07/2019 ("OS 580") on 19 July 2023 seeking an Order of Court for the 2019 Will to be probated and a Grant of Probate issued. The Plaintiff had filed a caveat against the propounding of the Will. The High Court in OS 580 directed under O 78 r 38 of the Rules of Court 2012 that the matter proceeds as a contentious probate action begun by writ under O 72 of the Rules.

[3] The Plaintiff challenged the validity of the 2019 Will on the grounds that the Testator lacked testamentary capacity and suspicious circumstances surrounding the preparation and execution of the 2019 Will. She also alleged that the Defendant had exerted undue influence on the Testator in the preparation and execution of the 2019 Will. She did not, however, challenge the fact that the Testator had executed the 2019 and that his signature was attested by two witnesses.

[4] After full trial, upon considering all the documentary evidence produced and oral testimonies of witnesses, I found that the Defendant had failed to dispel or remove the suspicious circumstances surrounding the preparation and execution of the 2019 Will. For this reason, this Court allowed the Plaintiff's application and declared that the 2019 Will to be null, void and of no effect and that it be set aside. I also declared that the Testator had died intestate. The full reasons for my decision are set out in this Judgment.

B. The Law

[5] Wills made by non-Muslim persons in Peninsular Malaysia are governed by the Wills Act 1959 (Act 346) (the "Wills Act"). The Testator was a non-Muslim and made the 2019 Will in Selangor.

[6] Pursuant to ss 3 and 4 of the Wills Act, except as provided under the Act, every person of sound mind, not being a minor, may devise, bequeath or dispose of his property by his will. Sections 3 and read:

3. Property Disposal by will

Except as hereinafter provided, every person of sound mind may devise, bequeath or dispose of by his will, executed in manner hereinafter required, all property which he owns or to which he is entitled either at law or in equity at the time of his death notwithstanding that he may have become entitled to the same subsequently to the execution of the wi