Steve Shim CJ (Sabah & Sarawak):

The Issues

The Federal Court had, on 28 July 2003, granted the appellants leave to appeal on 29 questions. In their memorandum of appeal, the appellants have converted these questions into 29 grounds of appeal. Before us, the appellants' counsel has categorised these grounds under 5 specific heads as follows:

(1) The appellate intervention question.

(2) The testamentary capacity question.

(3) The forgery question.

(4) The suspicious circumstances question.

(5) The so-called " Flannery " question.

Counsel on both sides of the divide have focused their submissions under those heads. That makes perfect sense because this appeal can be effectively disposed of on consideration of the issues raised under those specific heads.

The Factual Background

The factual background can be restated briefly. The deceased Gan Puay Chee @ Gan Chuan Lian migrated to this country from China at the tender age of 9. He settled down in Malacca. There he became a very successful businessman. He made his fortune in the agricultural sector. He owned rubber and oil palm estates. He also owned substantial properties, both moveable and immoveable, in Singapore and Englan