JUDGMENT

Leonard David Shim J:

Introduction

[1] This is an action by the plaintiffs for, inter alia, a declaration that the Will dated 10.8. 2020 (the 2020 Will) prepared by Amanah Raya Berhad (Amanah Raya) is invalid, null and void and that the Letter of Probate granted by Amanah Raya dated 23 October 2020 in its capacity as Probate Officer (Letter of Probate) is invalid, null and void and be set aside forthwith.

[2] The main grounds relied on by the plaintiffs are non compliance with s 9 of the Wills Act 1837(UK) in that the Testator did not sign the 2020 Will in the presence of 2 witnesses present at the same time, there are suspicious circumstances surrounding the making of the 2020 Will and the Testator did not have testamentary capacity to make the 2020 Will. Apart from challenging the validity of the 2020 Will and the Letter of Probate, the plaintiffs are also seeking to propound the 2007 Will.

[3] There were a total of 11 witnesses who attended court to give testimony partly in written form via their respective Witness Statements and via oral cross and re-examinations. The written Witness Statements have been marked as follows:

For the plaintiffs

For the defendants

Background Facts

[4] The background facts as narrated by the plaintiffs are as follows:

a. The 1st plaintiff is the Daughter-in-law of the late Ho Chum Fong (hereinafter referred to as "the Deceased") and was married to the Deceased's son, the late Matthew Ho Wei Kit (hereinafter referred to as "Matthew"). The 2nd and 3rd plaintiffs are the daughters of the 1st plaintiff and Matthew. The 8th defendant is the wife of the Deceased and the 1st to 7th defendants are their children. The 9th and 10th defendants are the sons of the 1st defendant.

b. Upon the request of the Deceased, the 1st and 2nd plaintiffs returned from Canada in 2018 to stay with the Deceased and his wife, namely the 8th defendant, at their house in Bampfylde Road ("the Bampfylde House"). The 3rd plaintiff is working overseas.

c. On or about late 2018, while the plaintiff was staying at the Bampfylde House with the Deceased, the Deceased had told the 1st plaintiff that he had executed a Last Will.

d. Sometime in 2019, the Deceased had an accident which curtailed his mobility. The 1st plaintiff witnessed the Deceased's health declining. The Deceased was diabetic and he was also suffering from glaucoma, which may lead to retinal tear. By early August 2020, the Deceased was a weak and frail man. As the defendants' own witness, DW1 (Ms Sim Chen Hua) pointed out, the Deceased had to be propped up from the sofa bed in order for him to execute the impugned Last Will on 10 August 2020 (hereinafter referred to as "the 2020 Will"). The Deceased passed away 4 days after he signed the 2020 Will. The Deceased was aged 90 when he passed away on 14 August 2020 and his funeral was on 17 August 2020.

e. A few days after the Deceased passed away, following the 1st plaintiff's inquiries, the 2nd defendant, namely Betty Ho Wei Kiun, informed 1st plaintiff that the Deceased had executed the 2020 Will and that the 1st to 3rd defendants had been appointed as the joint executors of the 2020 Will. The 1st plaintiff was curious as to the existence of the 2020 Will especially since the Deceased had told her in 2018 and also in 2019 that he had executed his Last Will.

f. After the funeral on 17 August 2020, the 1st plaintiff again inquired with the 2nd defendant about the 2020 Will and when it would be read to the family members. The 2nd defendant informed the 1st plaintiff that the reading of the 2020 Will could only be carried out after the Letter of Probate has been granted. The 1st plaintiff contends that she was therefore kept in the dark concerning the contents of the 2020 Will.

g. After finding out that the 2nd defendant was going to pick up the Letters of Probate from Amanah Raya Berhad's office on 23 October 2020, the 1st and 2nd plaintiffs insisted on going along with the 2nd defendant. The 2nd defendant collected the Letters o