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Evidence Law
Expert Opinion : Handwriting
LEE ING CHIN @ LEE TECK SENG &
ORS v GAN YOOK CHIN & ANOR
COURT OF APPEAL (KUALA...
Fact Of The Case
• This appeal by the defendants concerned
the validity of a will.
• The plaintiffs' case was that the
dec...
Fact Of The Case
• The defendants' case was that: (a) the will was
the true, genuine and the last will and testament
of th...
Fact Of The Case
• The learned judge held that the will was a
forgery and that the deceased did not
have a sound disposing...
Held
• the court allowed the appeal :
• At the time deceased made the will, he
had testamentary capacity and
• The learned...
Held
• The court undue weight on accepting
handwriting evidence then direct evidence
by defendant’s witnesses.
• The court...
Relevant Principles
• If there is conflict between the direct
testimony of a disinterested witness on the
one side and tha...
Relevant Principles
• the court cannot too much depend on
opinion of a handwriting expert and undue
weight
• opinion of a ...
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Evidence law

  1. 1. Evidence Law Expert Opinion : Handwriting LEE ING CHIN @ LEE TECK SENG & ORS v GAN YOOK CHIN & ANOR COURT OF APPEAL (KUALA LUMPUR)
  2. 2. Fact Of The Case • This appeal by the defendants concerned the validity of a will. • The plaintiffs' case was that the deceased's alleged will was bad because: (a) it was a forgery; (b) the deceased lacked testamentary capacity; and (c) there were suspicious circumstances surrounding the making of the will.
  3. 3. Fact Of The Case • The defendants' case was that: (a) the will was the true, genuine and the last will and testament of the deceased • (b) it was prepared on the instructions of the deceased, explained to him, signed by him before a solicitor • (c) the deceased had the requisite testamentary capacity to make the will; and • (d) the suspicious circumstances, if any, surrounding the making of the will and relied on by the plaintiffs had been sufficiently dispelled.
  4. 4. Fact Of The Case • The learned judge held that the will was a forgery and that the deceased did not have a sound disposing mind
  5. 5. Held • the court allowed the appeal : • At the time deceased made the will, he had testamentary capacity and • The learned judge accepted entirety of two handwriting witnesses called by P • rejecting the evidence of two witnesses of behalf defendant.
  6. 6. Held • The court undue weight on accepting handwriting evidence then direct evidence by defendant’s witnesses. • The court erred in counting evidence.
  7. 7. Relevant Principles • If there is conflict between the direct testimony of a disinterested witness on the one side and that of a handwriting expert on the other as to the genuineness of the execution of a document, then it is a safe course for a court to prefer the direct evidence.
  8. 8. Relevant Principles • the court cannot too much depend on opinion of a handwriting expert and undue weight • opinion of a handwriting expert may be of assistance to the court in coming to a conclusion. • The court should prefer direct evidence by witness who actually seen in.
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