Mokhtar Sidin JCA:

[1] Briefly, the appeal before us concerns the decision of the High Court in allowing the respondent's claim to probate in respect of the alleged will of Eu Chin Eow, deceased, dated 26 November 1990 and in refusing the appellants' counterclaim that the alleged will is invalid and that the deceased died intestate. The said Eu Chin Eow (the deceased) died on 10 December 1995 aged 80 years old, survived by his eldest son Eu Boon Yeap the 1st appellant, his daughter Eu Siew Cheng the 2nd appellant and his wife Ong Sin Kheng, the 3rd appellant. At the time of the deceased's purported execution of the alleged will dated 26 November 1990, the deceased was 75 years old.

[2] The respondent in the present appeal, the plaintiff in the Court below, filed a writ of summons dated 11 September 1996 against the 1st appellant. He is the nephew of the deceased and the statement of claim reads:

1. Plaintif ialah wasi yang dilantik di dalam wasiat terakhir Eu Chin Eow, simati beralamat di No. 3 Jalan Padang Tembak, Pulau Pinang yang meninggal dunia pada l0hb Disember 1995, wasiat tersebut adalah bertarikh 26hb November 1990.

2. Plaintif manafikan kepentingan Defendan yang dinya