Nagalingam Subramaniam vs. Sivalingam and Others – sllr 2012 volume 2 page 179

In the case of Nagalingam Subramaniam (appellant/intervenient) versus Sivalingam and Others (respondent), the court considered whether the Last Will (No. 3523) was executed in accordance with the formalities required to raise a legal presumption of due execution, and the correct application of evidentiary principles in testamentary proceedings. The findings determined that the will, being in proper form and supported by credible evidence from the notary and subscribing witness, attracted the presumption of proper execution, and that the trial court had misdirected itself by emphasizing irrelevant considerations such as the non-production of the will’s copy to the respondent. The decision reaffirmed that, where legal formalities appear satisfied, the presumption of due execution and sanity