JUDGMENT

Ahmad Shahrir Mohd Salleh J:

Introduction

[1] This dispute arose between siblings concerning the estate of the late Lee Hock Chuan who passed away on 24 March 2021. The plaintiff filed an action to revoke the grant of probate issued to the defendant. The probate was granted based on a Will dated 28 December 2020 ("2020 Will"). The plaintiff alleged that the 2020 Will was invalid, forged and/or fraudulently executed. Additionally, the plaintiff sought a declaration that an earlier Will dated 2 February 2018 ("2018 Will") was valid and legally enforceable.

[2] The deceased had previously made two Wills, the 2015 Will, which remained unsigned and the 2018 Will, which was duly executed. In both these Wills, Rockwills Trustee Berhad was appointed as the sole executor and trustee. However, the 2020 Will named the defendant as the sole executor.

[3] The primary issues before this Court were whether the 2020 Will had been forged or tampered with and whether there were suspicious circumstances that cast doubt on its validity. Upon careful evaluation of the evidence and witness testimonies, expert reports, documentary exhibits and the submissions of both parties, this Court found that the plaintiff had successfully proven her case on the balance of probabilities.

Brief Background Facts

[4] The deceased, Lee Hock Chuan, passed away on 24 March 2021. At the time of his death, his immediate family members included his mother, Khoo Guat Eng. Madam Khoo subsequently passed away in August 2023. His siblings comprised his elder sisters, Lee Yoke Lan, Lee Geok Looi and Lee Ah Hoon (the plaintiff), his elder brother, Lee Hock Her, his younger brother, Lee Hock Teong (the defendant) and his younger sister, Lee Yoke Ching. He also left behind a daughter, Lee Jia En

[5] After the deceased's passing, family members discovered two unsigned copies of Wills in his residence. These were the 2015 Will and the 2018 Will. The original 2018 Will was in the custody of Rockwills Trustee Berhad ("Rockwills"). The family intended to administer the deceased's estate based on the 2018 Will. They engaged Dato' Hoh Hee Lee, a solicitor, to liaise with Rockwills for the purpose of obtaining the grant of probate.

[6] On 28 May 2021, while Dato' Hoh Hee Lee was still corresponding with Rockwills, the defendant sent a WhatsApp message to the other family members. He informed them that he had successfully obtained a Court order to execute the deceased's Will. The family members were taken by surprise, as they were unaware of any Will other than the 2015 and 2018 Wills.

[7] Upon further inquiry, they discovered that the defendant had obtained a grant of probate dated 4 May 2021 from the High Court of Kuala Lumpur vide Originating Summons No WA- 32NCVC-750-04/2021. This grant was issued based on a Will dated 28 December 2020 ("2020 Will") which surfaced only two months after the deceased's death. The other family members had no prior knowledge of the existence of the 2020 Will.

[8] The deceased had subscribed to a lifetime will package with Rockwills. This package entitled him to amend his Will, enjoy reduced fees for Will revisions and have his Will stored with Rockwills for safekeeping. The 2018 Will had been prepared by Rockwills and expressly appointed Rockwills as the sole executor and trustee of his estate. The plaintiff was named as the guardian of the deceased's daughter in the 2018 Will.

[9] In contrast, the 2020 Will appointed the defendant as the sole executor. It designated both the plaintiff and the defendant as joint trustees and guardians of the deceased's daughter. The 2020 Will was purportedly drafted by Messrs. M Sujata & Associates. It was allegedly executed by the deceased in the presence of two witnesses, Jaya Gobi a/I Markandan (DW1) and Mageswaran a/I Rajangom (DW4).

[10] There were material discrepancies between the 2018 Will and the 2020 Will. These discrepancies were particularly evident in the appointment of the executor and trustees, the be