HIGH COURT SABAH & SARAWAK KUCHING
JESSICA LEE SU ENG & ORS – Appellant
Versus
LILY HO WEI LING & ORS (ENCLS 128 & 129) – Respondent
JUDGMENT
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
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