Kuek Siew Chew v Kuek Siang Wei and another
Judge | George Wei JC |
Judgment Date | 18 November 2014 |
Neutral Citation | [2014] SGHC 237 |
Subject Matter | Equity,Deeds,Distribution of Assets,Deeds and Other Instruments,Probate and Administration,Undue Influence |
Docket Number | Suit No 966 of 2012 |
Published date | 19 November 2014 |
Year | 2014 |
Citation | [2014] SGHC 237 |
Hearing Date | 18 March 2014,08 September 2014,12 March 2014,13 March 2014,14 March 2014,17 March 2014,19 March 2014,12 June 2014 |
Defendant Counsel | Gopalan Raman (KhattarWong LLP) |
Plaintiff Counsel | Tng Kim Choon (KC Tng Law Practice) |
Court | High Court (Singapore) |
This was a case arising out of a family dispute over the estate of Kuek Ser Beng (“KSB”), who passed away on 30 January 2007 without leaving a will. The plaintiff, Kuek Siew Chew (“the Plaintiff”), is a daughter of KSB, while the defendants, Kuek Siang Wei (“KSW”) and Kuek Tsing Hsia (“KTH”) (referred to collectively as “the Defendants”), are the grandchildren of KSB. The Defendants are the administrators of KSB’s estate. The central dispute in the present case pertained to the validity of three instruments – a letter of consent, a deed of consent and a deed of family arrangement. The primary effect of these instruments was to allow KSB’s estate to be distributed in accordance with an unsigned note purportedly written by KSB. The trial took place over a period of six days and I reserved judgment upon the conclusion of the trial. Having considered both the evidence and the parties’ submissions, I allowed the Plaintiff’s claim in part. The letter of consent, deed of consent and deed of family arrangement were set aside and KSB’s estate was to be distributed in accordance with the rules set out in the Intestate Succession Act (Cap 146, 2013 Rev Ed) (“the ISA”). The Defendants have since filed an appeal against my decision and I now set out the grounds for my decision.
The factsAt the outset, it is observed that the dispute between the parties involved a mix of both factual and legal issues. While it is recognised that the parties have given a relatively comprehensive and wide-ranging account of the events that had taken place over the course of almost six years after KSB’s demise back in 2007, for the purposes of this decision, I will only focus on the facts that are relevant to the issues at hand.
Dramatis personae I will first begin with a brief description of the main persons involved in the present dispute:
For ease of reference, LS’ family will be referred to as the first family while GAP’s family will be referred to as the second family. While the matter was disputed, it appears that prior to KSB’s demise on 30 January 2007, the first family did not know that KSB had another family with GAP or that if they did, they did not know much about the second family.
On his death, KSB did not leave behind any will, but the first family subsequently found in KSB’s safe a note dated 23 May 2002 purportedly written by him, setting out the division of his assets amongst the members of the first family and the second family. However, the note could not be recognised as a valid testamentary instrument under the law as KSB had failed to affix his signature on it and it was not attested to by any witness.
The unsigned note tendered as evidence was a photocopy of the original handwritten note.
The significant points to be gleaned from the unsigned note are set out as follows:
Thereafter, KSB’s wife from the first family, LS, executed a deed of consent dated 19 March 2007.
The evidence was that in or around the same time, a letter of consent (“the letter of consent”) was signed by all 17 parties named in the note, including members of the second family, signifying their agreement to abide by the wishes of KSB as set out in the note.
The evidence as to when this letter of consent was signed by the parties named in the note was disputed. Indeed, I note that there was no attestation to the parties signing the letter of consent. Neither was there a date to indicate when each party had signed the letter of consent. The evidence, however, supports the view that the letter of consent was signed shortly after 19 March 2007 when a family meeting was held at KSB’s home on the 49th day of his death. That said, it also appears that the Plaintiff did not sign it during the meeting at KSB’s home. Instead, she and KSE signed the letter of consent later in the evening of that day. The important point, however, is that it was undisputed that the Plaintiff and KSE had signed the letter of consent.
While it is accepted that the unsigned note was found in KSB’s safe at the Toh Tuck Property, it is acknowledged that the date when the note was found was disputed. In this regard, the evidence of the Plaintiff was difficult to follow. At one point in time, the Plaintiff appeared to state that the note was only found some three or four months after 19 March 2007. This seemed rather unlikely. Indeed, Kerk Teck Sim, a cousin of the Plaintiff who gave evidence on the opening of the safe, estimated that the safe was opened by a locksmith engaged by him and in his presence some two months after KSB’s death. It is notable that Kerk Teck Sim was not a beneficiary under the unsigned note and he does not enjoy any rights under the intestacy laws.
I also note that while the Plaintiff stated in evidence that she could not confirm the handwriting in the unsigned note as belonging to KSB, the evidence as a whole supports the conclusion that the unsigned note was genuine. In fact, KSE agreed under cross-examination that the unsigned note was written by her father, KSB.
Thereafter, KHE applied for the grant of letters of administration in respect of KSB’s estate in or around September 2007.
Subsequently in 2010, GAP from the second family signified that she did not want to be bound by the unsigned note and claimed to be entitled to a half share of KSB’s estate on the basis of the intestacy regime. In this regard, she lodged a caveat against the estate in the Subordinate Courts (as it then was) and filed an application on behalf of herself and her daughter, Kuek Geok Hua (“KGH”), to be added as joint administrators of KSB’s estate.
KHE and his wife, HPJ, then sought the assistance of M/s Sankar Ow & Partners LLP on 10 May 2010 with the intention to resist GAP’s application. The solicitor in charge of the matter at M/s Sankar Ow & Partners LLP, Mr Chia Soo Michael (“Mr Chia”), was of the view that the letter of consent was likely to be upheld as a family arrangement. Mr Chia was said to have repeated this advice at a subsequent meeting...
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