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2016 MarsdenLR 1227

HIGH COURT MALAYA KUALA LUMPUR
MOEY YOKE LAI – Appellant
Versus
IVAN HO TIONG YIN & ORS – Respondent


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 g

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