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HIGH COURT MALAYA GEORGETOWN
TAN SUAN SIM – Appellant
Versus
OOI JOO AIK – Respondent
| Table of Content |
|---|
| 1. validity of will and distributions thereof must be clear. (Para 1 , 6 , 7) |
| 2. counterclaims must be substantiated beyond claims. (Para 12 , 13 , 14 , 15) |
| 3. testamentary capacity is assessed by clear evidence. (Para 22 , 26 , 32) |
| 4. final verdict favors plaintiff confirming the will's validity. (Para 144) |
Introduction
[1] This dispute between the Plaintiff ("P") and the Defendant ("D") relates to the Last Will and Testament of Ooi Swee Poh ("Deceased") dated 3 January 2017 ("Will"). After a full trial, I allowed P's claim. I dismissed D's counterclaim. Here are the grounds of my judgment.
The Trial
[2] The trial took place over 4 days on 23 February 2023, 24 February 2023, 1 March 2023 and 2 March 2023. The witnesses who testified at the trial were:
Background Facts
[3] The Deceased passed away on 24 November 2018. He was first diagnosed with colon cancer sometime in the year 2014 but recovered from the illness, requiring no further treatment. Sometime in October 2018, it was discovered that his cancer had relapsed. He eventually succumbed to the cancer.
[4] The Deceased had executed two copies of the Will. They are marked respectively as 'IDP-5' and 'IDD-
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