1. Evidence Law
Expert Opinion : Handwriting
LEE ING CHIN @ LEE TECK SENG &
ORS v GAN YOOK CHIN & ANOR
COURT OF APPEAL (KUALA
LUMPUR)

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. 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. 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. 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. Held
• The court undue weight on accepting
handwriting evidence then direct evidence
by defendant’s witnesses.
• The court erred in counting evidence.

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. 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.