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2025 MarsdenLR 4661

HIGH COURT MALAYA JOHOR BAHRU
WASUNAN TONRAB & ANOR – Appellant
Versus
LEE AH SIN @ LEE SIN KEE (ENCL 7) – Respondent


Petitioner Advocates:R Param,Clarence Edwin,Diyana Kadir ,Respondent Advocate: Ungku Ahmad Hafis,Norsuryati Abd Karim

JUDGMENT

Wong Siong Tung J:

Introduction

[1] The Plaintiffs have filed this civil suit seeking various orders, inter alia, for a declaration that the last Will and Testament of the late Mr Lee Poi Sam is the Will dated 17 July 2018 and that the Will dated 1 April 2005 is revoked and the caveat granted via Kuala Lumpur High Court Suit WA-Kaveat-1824-07/2019 to be revoked.

[2] The Defendant, in reply to the plaintiff's claim, had filed a counterclaim against the plaintiffs, inter alia, for a declaration that the Probate obtained by the Plaintiffs, vide Originating Summon No JA-32NCVC-371-07/2019 on 19 August 2019 is unenforceable and is to be set aside, that the valid Will and Testament of the late Mr Lee Poi Sam is the Will dated 1 April 2005 and that the Will dated 17 July 2018 is revoked alongside other ancillary orders.

[3] After going through full trial, having considered the evidence presented and having read the parties' written submissions, I allow the plaintiff's claim for paras 7.1, 7.2 and 7.3 of the Statement of Claim as follows:

(a) a declaration that the last will of Lee Poi Sam, the deceased is the Will dated 17 July 2018 and the Will dated 1 April 2005 be revoked and inva


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