FACTS

One Dr. Tho Yow Cheong (deceased) died testate on 5.12.96 and is survived by his wife (the defendant), his mother, his daughter and a son. By a will dated 20.10.95 the deceased appointed the plaintiffs (his elder and younger brothers respectively) as his executors and trustees. On 16.6.97 the plaintiffs applied to the High Court at Kuala Lumpur by way of Petition No. S1-32-200-97 for a Grant of Probate of the said will. On 10.7.97 the defendant entered a caveat with the Registry, thereby preventing the Grant of Probate to the plaintiffs without the defendant being given notice.

THE CLAIM AND COUNTERCLAIM

On 21.10.97 the plaintiffs commenced this probate action against the defendant praying for the Court to decree probate of the said will in solemn form of law. The defendant counterclaimed seeking a declaration that the said will is null and void and prayed that she be granted Letters of Administration to the estate of the said deceased.

FINDINGS OF THE COURT

Testamentary capacity of the deceased

It is trite law that the burden of proving that the deceased had the requisite testamentary capacity whilst executing the will lies with the party propounding the will and in