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 invalid;

(b) caveat obtained pursuant to Court Order via Kuala Lumpur High Court suit no: WA-Kaveat-1824-07/2019 be revoked;

(c) grant of probate to the Plaintiffs based on the last will of the deceased dated 17 July 2018 be maintained; and

(d) costs of RM10,000.00 subject to allocator fees, to be paid by the defendant to the plaintiffs.

[4] I have dismissed the defendant's counterclaim with no order as to costs.

[5] Below are my grounds of the decision.

Background

[6] The background facts in this case are gathered from the cause papers and submissions filed by the parties in chronological order.

[7] The late Mr Lee Poi Sam ("the deceased") died on 23 June 2019 at the age of 72 years old. Prior to his death, he has made three (3) wills as follows:

(a) Will dated 1 April 2005 (the "2005 Will"), naming the defendant as executor and sole beneficiary of his estate;

(b) a Will dated 27 April 2016 (the "2016 Will"), naming the 1st Plaintiff ("P1") as the executrix and sole beneficiary of his estate; and

(c) a Will dated 17 July 2018 (the "2018 Will"), naming both Plaintiffs as the executrixes and the only beneficiaries of his estate.

[8] The Plaintiffs are the joint executrixes and the beneficiaries of the estate of the deceased according to the terms of his Last Will and Testament dated 17 July 2018.

[9] Following the demise of the deceased, the plaintiffs filed an Originating Summons No.: JA-32NCVC-371-07/2019 in the Johor Bahru High Court to obtain a grant of probate of the 2018 Will whereby a grant of probate was duly issued to the plaintiffs in the said action.

[10] However, the grant of probate obtained in the said action could not be sealed because the defendant lodged a caveat in the central registry in the Kuala Lumpur High Court which has been registered as WA-Kaveat-1824-07/2019, purportedly claiming an interest in the estate of the deceased under the 2005 Will.

[11] As such, the plaintiffs have filed this suit, inter alia, for the declaration that the 2018 Will is the last will and testament of the deceased.

[12] In brief, the crux of the Defendant's Defence and Counter Claim is that the defendant is the rightful executor and beneficiary of the deceased's estate based on the 2005 Will and the 2018 Will was obtained by the plaintiffs under undue influence. The Defendant also alleged that the deceased did not have testamentary capacity to execute the 2018 Will, rendering it invalid.

[13] The Defendant makes the following claims and allegations in his Statement of Defence:

(a) he is the brother of the deceased;

(b) the deceased made the 2005 Will which named the defendant as the sole executor and beneficiary of the deceased's estate;

(c) the objective of the 2005 Will was to transfer property identified as Geran Mukim 112, Lot 2838, Mukim Kulai, Daerah Kulai (the