A will can be upheld despite allegations of suspicious circumstances if the propounders demonstrate the testator's knowledge and approval of its contents.

[1] The testator had three sons, Tob Chee Mun, Tob Chee Choong and Tob Chee Hoong. Choongs children Tob Weng Keong ("Keong") (1st plaintiff), Tob Weng Kin ("Kin") (2nd plaintiff) and a daughter have always lived with their grandfather and grandmother together with Muns wife and daughter up to the testators demise.

[2] On 30 July 2013, the testator had been admitted to Institut Jantung Negara (IJN) for an operation. On 13 August 2013, the testator made a will under which Keong and Kin were appointed as the executors and beneficiaries under the will. The will in question was prepared by the family lawyer Ashok Kumar Puri ("Ashok").

[3] A heart operation was performed on the testator on 14 August 2013. Unfortunately, the testator succumbed to post operation complications and passed away on 3 September 2013. The testator was survived by his wife Teo Ah Chai @ Kor Mui Lai (who passed away subsequently on 21 February 2016), his three sons and grandchildren.

[4] After the testators demise, Keong and Kin filed an action at the High Court for a declaration that cl 2 under the will included current assets and for probate to be granted to them. The defendant Tob Chee Hoong, the third son of the testator challenged the validity of the will on the ground that there were suspicious circumstances surrounding the making of the will and disputed Keong and Kins claim for the declaration sought.

[5] After a full trial, the learned judge dismissed Keong and Kins action. The learned judge found that (i) the will is not valid as there were suspicious circumstances in its execution and (ii) that cl 2 of the will referred to future assets and did not bear the meaning ascribed to it by Keong and Kin. This is Keong and Kins appeal against the decision of the High Court. In this judgment, the parties shall be referred to as they were in the High Court.