Federal Court upholds decision voiding elderly woman’s 2011 will

The Federal Court has upheld an earlier ruling that invalidated an 83-year-old woman's 2011 will, restoring the original 1976 will that benefits her children. A three-member Federal Court bench dismissed appeals from Amanah Raya Bhd and the sole beneficiary named in the disputed 2011 will. The court found that the proposed questions of law did not involve general principles not previously decided by the Federal Court and were not of sufficient importance to warrant further consideration.

The dispute centers around the estate of M Subbamah, who passed away in 2013 after creating two wills. In 2011, when she was around 80 years old, Subbamah executed a second will at an ARB office, designating one of her sons, Shan, as the sole beneficiary. Four of Subbamah's children contested the 2011 will and sought to have the 1976 will admitted to probate.

The High Court dismissed their claim in February 2024, finding Subbamah lacked testamentary capacity and that suspicious circumstances surrounding the 2011 will preparation and execution were not satisfactorily addressed. However, the Court of Appeal reversed the High Court's decision, ruling in favor of the 2011 will. The Federal Court's dismissal of the appeals allows the siblings to pursue probate of the original 1976 will, ensuring the estate is divided among Subbamah's children.