2018 MarsdenLR 887

FEDERAL COURT PUTRAJAYA
ONG ENG HOCK & ANOR – Appellant
Versus
ONG CHENG GUAN & ANOR – Respondent
[Civil Appeal No: 02(f)-104-11-2016(J)]

In a probate revocation, the burden to prove sufficient cause lies with the challenger after probate has been granted.

Headnote:This judgment concerns a probate appeal involving the determination of a will's validity. The trial Court found substantial evidence supporting the genuineness of the will executed by the deceased, with defined standards of proof crucial to determining if it was forged. The main issues framed included the burden of proof in revocation actions and whether forgery was established. Upon examination, the Court concluded that sufficient cause for revocation of probate was not established, thus reversing the previous appellate decision.