Lum Kai Keng v Quek Peng Chai: Survivorship Rights in Joint Accounts & Testator's Intent

In Lum Kai Keng v Quek Peng Chai and Others, the High Court of Singapore addressed a dispute over funds in joint accounts between the plaintiff, Lum Kai Keng, the widow of Quek Cheok Boon, and the defendants, including their children and executors of Quek Cheok Boon's estate. The plaintiff sought a declaration that she was solely entitled to the monies in four joint accounts opened with her deceased husband. The defendants argued that the funds belonged to the estate based on Quek Cheok Boon's will. The court dismissed the plaintiff's application for determination on a preliminary point of law, finding that the intention of Quek Cheok Boon when opening the joint accounts was a crucial issue of fact that required a full trial.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Dispute over funds in joint accounts. Widow claims sole entitlement, while estate asserts funds belong to the estate based on the deceased's will. Application dismissed.

1.7 Decision Date

4 October 2001

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
Lum Kai Keng	Plaintiff	Individual	Application Dismissed	Lost	K S Chung of Chung & Co
Keppel Tatlee Bank Limited	Defendant	Corporation	Application Dismissed	Won	Alan Wong Hoi Ping of William Lai & Alan Wong
Quek Peng Chai	Defendant	Individual	Application Dismissed	Won	Tan Cheng Han of Tan JinHwee, Eunice & Lim ChooEng Benjamin Leong of Tan JinHwee, Eunice & Lim ChooEng
Quek Lee Thiam	Defendant	Individual	Application Dismissed	Won	Tan Cheng Han of Tan JinHwee, Eunice & Lim ChooEng Benjamin Leong of Tan JinHwee, Eunice & Lim ChooEng
Saranya Sae-Ngow	Defendant	Individual	Application Dismissed	Won	Kelvin Tan of Drew & Napier LLC Suresh Divyanathan of Drew & Napier LLC
Quek Peng Hock	Defendant	Individual	Application Dismissed	Won	Kelvin Tan of Drew & Napier LLC Suresh Divyanathan of Drew & Napier LLC
Quek Ruiming Jordan	Defendant	Individual	Application Dismissed	Won	Kelvin Tan of Drew & Napier LLC Suresh Divyanathan of Drew & Napier LLC
Quek Ruizhi Jerrold	Defendant	Individual	Application Dismissed	Won	Kelvin Tan of Drew & Napier LLC Suresh Divyanathan of Drew & Napier LLC
Quek Mei Kuen Joey	Defendant	Individual	Application Dismissed	Won	Kelvin Tan of Drew & Napier LLC Suresh Divyanathan of Drew & Napier LLC

3. Judges

Judge Name	Title	Delivered Judgment
Choo Han Teck	Judicial Commissioner	Yes

4. Counsels

Counsel Name	Organization
K S Chung	Chung & Co
Alan Wong Hoi Ping	William Lai & Alan Wong
Tan Cheng Han	Tan JinHwee, Eunice & Lim ChooEng
Benjamin Leong	Tan JinHwee, Eunice & Lim ChooEng
Kelvin Tan	Drew & Napier LLC
Suresh Divyanathan	Drew & Napier LLC

4. Facts

Plaintiff is the widow of Quek Cheok Boon.
First and second defendants are children and executors of Quek Cheok Boon's estate.
Plaintiff claims sole entitlement to monies in four joint accounts.
Deceased's will declared funds in joint accounts to be used for specific purposes.
Defendants assert the money in these accounts belongs to the estate.
Monies had mostly been withdrawn by the plaintiff and paid to the estate account.
Plaintiff alleges she did this under threat by one of the executors.

5. Formal Citations

Lum Kai Keng v Quek Peng Chai and Others, Suit 600228/2000, SIC 601480/2001, [2001] SGHC 298

6. Timeline

Date	Event
1998-02-28	Will of Quek Cheok Boon read
2000-01-01	Suit filed (Suit 600228/2000)
2001-01-01	SIC 601480/2001
2001-08-31	Plaintiff's counsel requested further arguments
2001-10-05	Application dismissed

7. Legal Issues

Right of Survivorship
- Outcome: The court found that the intention of the testator was a crucial issue of fact that must be tried, and the application was dismissed.
- Category: Substantive
- Sub-Issues:
  - Intention of testator
  - Joint account ownership
Determination of Preliminary Point of Law
- Outcome: The court held that the case was not suitable for determination under O 14 r 12 because there was a crucial issue of fact that must be tried.
- Category: Procedural
- Sub-Issues:
  - Suitability for determination without full trial
  - Whether determination will fully resolve the issue

8. Remedies Sought

Declaration of Sole Entitlement to Monies

9. Cause of Actions

Declaration of Sole Entitlement
Complicity in Fraud

10. Practice Areas

Estate Planning
Trust Litigation
Civil Litigation

11. Industries

Banking
Finance

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
Kamla Lal Hiranand v Harilela Padma Hari	High Court	Yes	[2000] 3 SLR 696	Singapore	Cited by the plaintiff's counsel, but distinguished by the court because the facts and circumstances were entirely different.
Banque Indosuez v Sumilan Awal aka Aw Kim Lan & Ors	High Court	Yes	Banque Indosuez v Sumilan Awal aka Aw Kim Lan & Ors (unreported)	Singapore	Cited by the plaintiff's counsel, but the court found that it did not assist the plaintiff because the principal issue was the intention of the testator when he opened the joint accounts.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute Name	Jurisdiction
O 14 r 12	Singapore

15. Key Terms and Keywords

15.1 Key Terms

Joint Account
Right of Survivorship
Testator's Intention
Executors
Estate
Preliminary Point of Law
O 14 r 12

15.2 Keywords

Joint accounts
right of survivorship
testator's intention
estate
preliminary point of law

17. Areas of Law

Area Name	Relevance Score
Joint Accounts	80
Succession Law	75
Wills and Probate	70
Right of Survivorship	65
Trust Law	60
Banking Law	30
Contract Law	25

16. Subjects

Trusts
Succession
Banking Law