TUTORIAL WEEK 3 (WILL)

1.

In January 2015, Ron was diagnosed with terminal cancer and was hospitalised. He was
illiterate and also had a bad memory. On 5 March 2015 he made a Will which was witnessed
by a lawyer and a doctor. He died on 12 March 2015 leaving his son Mika, daughters Honey
and Milla, his legally adopted son Tim and his illigitimate son John. They have all attained
the age of majority. In his Will, he appointed Tim to be the Executor of his Will. He gave
specific gifts of RM50,000 to each of his daughters Honey and Milla. He gave the residue of
his estate worth about RM1 million to his 3 sons, Tim, Mika and John equally.

Honey and Milla are not happy with the Will as they feel that the Will is not fair, equitable or
just and they contend that the deceased was seriously ill and not capable of making the Will
one week before he died. They wish to prevent Tim from obtaining the Grant of Probate and
also to have the Will declared invalid. Honey and Milla come to see you as a lawyer.

Advise Honey and Milla on the following:

(a) The procedure in preventing Tim from obtaining the Grant of Probate.
(b) Whether they can contest the validity of the Will.
(c) Will it make any difference if Ron died intestate or if the Will made by Ron is declared
invalid?

2.

Nicholas is the lawful child of an architect, Spencer from his first marriage in 1976 with
Karen. Matt and Clark are, respectively, Spencer’s elder brother and nephew. During
Spencer’s first marriage, he had an affair with (and subsequently married) Tina with whom
he had four children. Three of the children were still studying when he died on 24 December
2017 while the youngest of the children was a minor at the time. Spencer’s first marriage
ended in divorce when his wife found out about his affair with Tina.
On 12 March 2017, Spencer was involved in a serious accident that left him in a quadriplegic
condition. A week after, he was admitted to the hospital where he was intubated, which
made him unable to speak. On 18 December 2017, i.e. six days before his death, Spencer
instructed his solicitor to prepare his will leaving all his assets to Matt and Clark. Secretly, he
had instructed Matt and Clark to hold his assets on trust for the benefit of Tina and their
children. Spencer’s execution of the will was witnessed by his solicitor and medical doctor.
Paralysed from the chest down and unable to move, Spencer was only able to communicate
by blinking his eyes to signify ‘yes’ and ‘no’ and based on that his solicitor was able to draft
the will.
Matt and Clark later obtained a grant of probate of the will. Unhappy with the situation and
believing that Matt and Clark had exercised undue influence over the deceased to favour
them exclusively under the will, Nicholas come to you to seek advice on the following:
a) Whether the grant of probate obtained by Matt and Clark can be cancelled? Explain
the procedure involved.
b) Whether he can challenge the validity of the will?
c) What is the position of the secret trust?
3.

Matthew, a successful businessman, died leaving a will of his estate valued at RM8 million
and an estimated liability of approximately RM3 million. He left behind his wife Thani, two
sons and one adopted daughter. Thus, she is uncertain on how to administer her husband’s
estate. She also needs to know whether her adopted daughter will also be entitled to
Matthew’s estate.
Advise Thani.

4.
Rick and his wife Marry met with an accident. Rick died at the scene of the accident and
Marry died in the hospital. Rick and Marry have a son John and a legally adopted daughter
Mikhaela. Marry has a son Gary from her previous marriage living with Rick and Marry. The
parents of Rick have predeceased him. Marry’s parents are still living.

The estate of Rick is worth about RM1.2 million and the estate of Marry is worth about
RM360,000. Rick left a Will appointing Marry to be the Sole Executrix of his Will and he
bequeathed Marry seven shares of his estates, John and Mikhaela two shares each and
Gary one share of his estates. Marry did not leave a Will.

(a) Who should apply for the grants of representation of the estates of Rick and Marry?
(b) What type of grants of representation should be applied for?
(c) John and Mikhaela seek your advice on whether they can prevent Gary from
obtaining grants of representation.
(d) John and Mikhaela seek your advice on how the estates of Rick and Marry should be
distributed.
(e) Will it make any difference if Marry had died at the scene of the accident and Rick
survived?

5.
Gordon (‘the deceased’) died on 25 March 2010 leaving a will. Jimmy and Danny are both
sons of the deceased. Under the terms of the will, Jimmy was appointed as co-executor and
co-trustee of the estates. Over period, Jimmy constantly obstinate to the decision made by
the executors and trustees in dealing with the deceased’s estates. Danny alleged that Jimmy
was acting dishonestly and for several times misrepresented the dealings of the deceased’s
estate. In one family gathering, Danny told everyone that Jimmy will personally benefit from
the proceeds of the sale and purchase of two bungalow lots in Tasik Titiwangsa, Kuala
Lumpur. Feeling displeased with the allegation, Jimmy comes to see you to obtain advice on
how to seek protection against personal liability under the law.
Advise Jimmy in the light of relevant provisions and decided cases.

6.
Ethan had been ill for many months and had just passed away, leaving second wife Pretty,
and two children Simon and Ryan borne by his deceased first wife, Maria. Upon his passing,
Pretty filed a petition for probate of the will allegedly left by Ethan which named her as
executor and trustee of his will. The will had been executed six months before his death.

Simon and Ryan, Ethan’s children by his first marriage, have now consulted you with regard
to a will executed by Ethan five years earlier, leaving his entire assets to Simon and Ryan,
and none to Pretty (even though he was already married to Pretty a year before the
execution of the will). The will had been properly signed and witnessed. Simon and Ryan,
who are both working adults, inform you that their father Ethan had been bed-ridden for the
last three years and had spent several occasions at the hospital. He had not been able to
communicate effectively especially when he was sedated.

Simon and Ryan inform you that the will brought up by Pretty had not been signed by Ethan
but thumb-printed. Simon and Ryan had also heard of suspicious circumstances surrounding
the making of the will, and especially that Pretty was present at the time Ethan thumb-printed
the will. Simon and Ryan wish to prevent Pretty from obtaining the Grant of Probate and also
to have the will declared invalid.

Simon and Ryan come to see you and seek your advice on the following. Support your
answer with relevant authorities.

(a) How to prevent Pretty from obtaining the Grant of Probate and the procedure
involved?
(b) The viability of their intended challenge on the validity of the will.
(c) How should the estates of their late father be distributed?
(d) Will it make any difference if Ethan died intestate or if the will is declared invalid?

7.

Sabri died intestate leaving Melah, the deceased’s first wife and Faris, the deceased’s only
son from the first wife. The deceased also left Zaimah, his second wife with no children.
Sabri’s estate comprises of movables and immovables in Seremban amounting to RM20
million. Advise the legal implications of the following:

(a) Zaimah, the second wife, seeks legal advice from Siti, a Peguam Syarie practicing in
Seremban who advises her to file a court proceeding in the Seremban Syariah Court
for a grant of letter of administration in order for Melah to distribute the estate as Siti
asserts that “Sabri is a Muslim and therefore administration of his estate should be
governed by State Legislation.”

(b) Melah signs a Sale and Purchase Agreement between the estate of Sabri and
Qasheera Holdings Bhd to sale Menara Sabri situated in Nilai, Negeri Sembilan.

(c) Melah filed for a letter of administration for her to administer the deceased estate.
Melah was informed that the grant of the letter of administration to administer the
deceased estate would take some time. In the meantime, she is worried about
receiving notice from creditors and banks.

(d) Zayed Developmemt Bhd had leased Bangunan FSU to the deceased and Zayed
Development Bhd have eyeing to buy the deceased property, Menara Sabri, situated
in Nilai, Negeri Sembilan. However, since Melah has indicated that she intends to sell
 the Menara to Qasheera Holdings Bhd, Zayed Development Bhd sent a notice of
termination of lease to Amanah Raya Bhd.

(e) Melah sued Zayed Development Bhd in her name for interalia, unlawful termination
of the lease in Bangunan FSU.

(f) Zaimah informed Melah that she has a baby daughter Marissa, with Sabri at three
months of age thus, Marissa entitles to Sabri’s fortune as beneficiary.

(g) Faris the only son of the deceased alleged that his late father, Sabri died leaving a
will in which the whole of the property was devised to him. He urged that, silence of
the other legal heirs when the drafted will was read out to them at the time his late
father, Sabri was still alive amounting to consent.