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HIGH COURT MALAYA PENANG
LIM SOON WAH – Appellant
Versus
LIM HOOI LING & ANOR AND ANOTHER CASE – Respondent
| Table of Content |
|---|
| 1. factual background about the deceased's estate (Para 3 , 4 , 5 , 6 , 17) |
| 2. plaintiff's claims and arguments against the defendants' application (Para 8 , 9 , 10 , 11 , 12) |
| 3. defendants' defense and counterarguments (Para 13 , 18 , 60 , 63) |
| 4. court's analysis on executor appointment validity (Para 19 , 20 , 21 , 22 , 40) |
| 5. reflection on the deceased's express intentions in the will (Para 37 , 38 , 50 , 51) |
| 6. conclusion and order (Para 138) |
Introduction
[1] There are two matters before me. One is Suit No: PA-22NCvC-201-12/2023 ("this suit"). The other is Originating Summons No: PA-32NCvC-127-02/2024 ("probate application"). The probate application was transferred to this court pursuant to an order of court dated 8 October 2024. At a case management on 20 November 2024, I directed that both matters be heard together.
[2] In this suit, the Plaintiff ("P") wants the Defendants, who have been named as the executors under the Will of the deceased, to be passed over. The Defendants in turn counterclaim for a grant of probate to be granted to them pursuant to the probate application. After a full trial, I dismiss P's claim and allow the Defendants' countercl
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