Mokhtar Sidin JCA::

[1] Briefly, the appeal before us concerns the decision of the High Court in allowing the respondent’s claim to probate in respect of the alleged will of Eu Chin Eow, deceased, dated 26 November 1990 and in refusing the appellants’ counterclaim that the alleged will is invalid and that the deceased died intestate. The said Eu Chin Eow (‘the deceased’) died on 10 December 1995 aged 80 years old, survived by his eldest son Eu Boon Yeap the first appellant, his daughter Eu Siew Cheng the second appellant and his wife Ong Sin Kheng, the third appellant. At the time of the deceased’s purported execution of the alleged will dated 26 November 1990, the deceased was 75 years old.

[2] The respondent in the present appeal, the plaintiff in the court below, filed a writ of summons dated 11 September 1996 against the first appellant. He is the nephew of the deceased and the statement of claim reads:

Plaintif ialah wasi yang dilantik di dalam wasiat terakhir Eu

Chin Eow, si mati beralamat di No 3 Jalan Padang Tembak, Pulau

Pinang yang meninggal dunia pada 10 Disember 1995, wasiat

tersebut adalah bertarikh 26 November 1990.