Suriyadi Halim Omar J:

The applicant is the son of the late Tan Hon Huah who died on 29 April 1994 and who believed that Messrs. SK Khoo and Tan Tian Tiok, a firm of solicitors, was in possession of a will made by the deceased.

By virtue of being a beneficiary, the applicant wrote to the said legal firm for a copy of that will, but was rebuffed as there were objections to the will by members of the family. Subsequent communications were also made by the applicant's solicitors to Messrs S.K. Khoo & Tan Tian Tiok (defendant) but again did not receive any positive response. It would appear that Mr. Tan Tian Tiok, a member of the legal firm of Messrs Tan Tian Tiok is also one of the beneficiaries of the late Tan Hon Huah's estate.

Frustrated with the lack of success the applicant came before me for a copy of that will. On the law proper, counsel for the applicant brought to my attention s. 41 under Part III of the Probate And Administration Act 1959 (Act 97) which reads:

The Court may, on the application of any person interested, if it appears that there is reason to believe that any will or other testamentary document of a deceased person is in the possession or under the contro