Lim Lina v Estate of Quick Cheng Gee, deceased

• Jurisdiction: Singapore
• Judgment Date: 19 December 2011
• Date: 19 December 2011
• Docket Number: Originating Summons No 388 of 2011
• Court: High Court (Singapore)

Lim Lina

Plaintiff

and

Estate of Quick Cheng Gee, deceased

Defendant

[2011] SGHC 267

Lee Seiu Kin J

Originating Summons No 388 of 2011

High Court

Probate and Administration—Distribution of assets—Residuary estate—Insurance policies in favour of deceased's wife—Whether proceeds of insurance policies form part of residuary estate—Section 73 Conveyancing and Law of Property Act (Cap 61, 1994 Rev Ed)

Trusts—Deceased's wife named as beneficiary in insurance policies—Whether insurance policies were ‘expressed’ to be for benefit of wife for purposes of s 73 Conveyancing and Law of Property Act (Cap 61, 1994 Rev Ed)—Whether immediate trust over insurance policies created in favour of wife—Section 73 Conveyancing and Law of Property Act (Cap 61, 1994 Rev Ed)

This is an application made by the Deceased's wife, seeking moneys which she claims to be entitled to pursuant to three insurance policies that the Deceased had purchased after their marriage and which she has been named the sole beneficiary of. The Deceased died intestate and pursuant to r 4 of s 7 of the Intestate Succession Act (Cap 146, 1985 Rev Ed), both the wife and the Deceased's mother are entitled to half of the Deceased's estate.

On the application forms for each of the three insurance policies, the wife's name was written under the box labelled ‘Name of Beneficiary’. Her relationship as the Deceased's wife was also indicated under the box labelled ‘Relationship’.

The wife believed that the proceeds of the three insurance policies were actually due to her. However, the said proceeds were paid into the Deceased's estate bank account. The Deceased's mother refused to approve the release of the proceeds from that account. The wife thus made the present application for a declaration that she was entitled to the said proceeds, and that the same should be released to her solely.

Held, allowing the application:

(1) There was no fixed format of ‘expression’ required in order for s 73 of the Conveyancing and Law of Property Act (Cap 61, 1994 Rev Ed) (‘CLPA’) to be brought into operation: at [11].

(2) Section 73 of the CLPA need not be expressly mentioned in the policy of assurance because such express mention was not a requirement in s 73: at [12].

(3) In the present case, the wife's name was written under the column labelled ‘Name of Beneficiary’, and her relationship as the Deceased's wife is also clearly indicated under the column labelled ‘Relationship’. This was sufficient to indicate that the policies were ‘expressed ... to be for the benefitof his wife’ for the purposes of s 73 of the CLPA. As such, s 73 of the CLPA was brought into operation, and a trust was immediately constituted in favour of the wife. The proceeds of the insurance policies thus did not form part of the...