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1998 MarsdenLR 618

HIGH COURT MALAYA, MELAKA
RE YEOW CHOW BENG


JUDGMENT

Augustine Paul JC:

Ye Sie Eng and Yeoh Hoon Siong ('the petitioners') filed a petition for probate of the estate of Yeow Chow Beng, deceased ('the testator') on 31 January 1997.The testator had died on 5 August 1996 after having executed a will on 24 April 1995 with the petitioners as his executrixes and trustees.The petition was supported by one of the attesting witnesses, Sekar s/o Palaniandy, advocate and solicitor, who deposed to the due execution of the will.On 12 June 1997 one Yeow Ho Huat ('the caveator') entered a caveat against the issue of the grant in favour of the petitioners on the ground that he is a beneficiary and trustee under the last will and testament of the testator executed on 10 September 1995.

A caveat is entered by a person to ensure that no grant is made without notice to himself.The entry of a caveat and the procedure to be followed after its entry is governed by O. 71 r. 37 of the Rules of the High 1980 which reads as follows:

(1) Any person who wishes to ensure that no grant is made without notice to himself may enter a caveat.

(2) When a caveat is entered, the Registrar must forward a copy of the caveat and give notice in Form 167 to the Reg

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