HIGH COURT MALAYA KUALA LUMPUR
MOEY YOKE LAI – Appellant
Versus
IVAN HO TIONG YIN & ORS – Respondent
[Originating Summons No: WA-24NCvC-415-03/2016]
| Table of Content |
|---|
| 1. role of executors and their compliance. (Para 1 , 6 , 14) |
[40] The Plaintiff submitted the following grounds for removal of the 5 Defendants as Executors of the Estate, namely for breach of duty as Executors:
(1) refusal to pay for the funeral expenses, totaling RM12,073.00;
(2) depriving Mdm Boy of her IC;
(3) not furnishing a copy of the Deceased's Will despite the Plaintiff's oral and written requests;
(4) not providing the list of inventory in the safe and not listing them in the Grant of Probate;
(5) the Plaintiff was never informed of when the Grant of Probate was applied for and granted despite Mdm Boy being the sole beneficiary;
(6) negligence and breach of duty as Executors by listing in the bank account where monies do not belong to the Estate;
(7) negligence and breach of duty as Executors by transferring monies from the bank account where monies do not belong to the Estate;
(8) failure to administer the Estate expeditiously. The sum of RM100,000.00 was only paid on 30 May 2011 ie 6 months after the Grant of Probate was obtained on 23 November 2010;
(9) shares transferred from the Deceased's Estate to the 1st Defendant;
(10) Estate's shares sold, but monies not given to the Plaintiff;
(11) medical expenses of the Deceased and Plaintiff totaling RM6,809.10 were not paid;
(12) delay in monthly payments to the Plaintiff;
(13) failure to make payment of "other personal expenses" of the Plaintiff;
(14) failure to make payment for Plaintiff's companion and maid, and nutritional supplements;
(15) the Defendant's cheque dated 25 September 2015 was dishonoured;
(16) no accounts rendered for 5 ½ years of executorship despite the Plaintiff's many requests;
(17) failure to distribute to the Plaintiff absolutely the Estate of the Deceased.
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