Re Tan Chwee Boon (Deceased)

• Jurisdiction: Singapore
• Judgment Date: 10 February 1966
• Date: 10 February 1966
• Docket Number: Civil Appeal No Y3 of 1965
• Court: Federal Court (Singapore)

Re Tan Chwee Boon, deceased

Plaintiff

Yap Suat Tee and others

Plaintiff

and

See Cheng Choo Cherie

Defendant

[1966] SGFC 3

Wee Chong Jin CJ

,

Tan Ah Tah FJ

and

F A Chua J

Civil Appeal No Y3 of 1965

Federal Court

Probate and Administration–Grant of letters of administration–First widow and children petitioned for grant of letters of administration to deceased's estate–Whether to grant letters of administration to first widow and children or to trust corporation–Whether special circumstances existed to pass over the first widow and children–Sections 18 (3) (a), 19, 21, 22 Probate and Administration Ordinance (Cap 17, 1955 Rev Ed)

The first widow and her two children with the deceased petitioned for the grant of letters of administration to the estate of the deceased. The second widow of the deceased opposed the petition. She asked that the estate be administered by a trust corporation as the estate was large and her children were infants. The trial judge considered what was best for the due and proper administration of the deceased's substantial estate and held that the circumstances demanded the appointment of an independent trust corporation. The first widow and the children appealed.

Held, allowing the appeal:

(1) Having regard to s 18 (3) (a), and ss 19, 21 and 22 of the Probate and Administration Ordinance (Cap 17, 1955 Rev Ed), the husband or widow or next of kin or any of them were entitled to letters of administration. In special circumstances, the court had the discretion to appoint as administrator some person other than a person entitled to the grant of administration: at [5].

(2) The trial judge had applied the wrong principle. The proper principle was to consider whether there were such special circumstances that the court should exercise its discretion to pass over persons entitled to letters of...