Lim Boon Ming v Tiang Choo Yang: Probate of Will, Presumption of Destruction Animo Revocandi

Lim Boon Ming sought to admit to probate a carbon copy of a will of the deceased, Lin Keng Hwa @Lim Keng Hwa, in the High Court of Singapore. Tiang Choo Yang, the defendant, opposed the action, claiming the deceased had destroyed the will with the intention of revoking it and counterclaimed for letters of administration. The court rebutted the presumption of destruction animo revocandi and ordered that the duplicate will be admitted to probate. The Defendant’s Counterclaim was dismissed.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Duplicate will admitted to probate; Defendant's Counterclaim dismissed.

1.3 Case Type

Probate

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Son seeks to admit a carbon copy of will to probate after the original is not found. Court rebuts presumption of destruction animo revocandi and admits the will.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Lim Boon MingPlaintiffIndividualDuplicate will admitted to probateWon
Tiang Choo YangDefendantIndividualCounterclaim dismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Belinda Ang Saw EanJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Gopalan RamanG Raman & Partners
Gopal Krishnan NairG Raman & Partners
Teo Soh LungTeo Soh Lung & Co
Lawrence QuaheHarry Elias Partnership
Tan Lee ChengHarry Elias Partnership
Howard CheamHarry Elias Partnership

4. Facts

  1. The testator made a will in 1969, leaving 30% of his estate to the Defendant, 60% to the Plaintiff, and 10% to his adopted daughter.
  2. The original will was handed to the testator after execution, and a carbon copy was retained by the lawyer.
  3. The original will could not be found after the testator's death.
  4. The Plaintiff produced a photostat copy of the will, which the father had handed to him in January 1998.
  5. The testator's brother, Kwong Ling, testified that the testator asked him if his will was 'good' in January 1998.
  6. The testator was diagnosed with colon cancer in September 1996 and had brain surgery in December 1997.
  7. The Defendant was the primary caregiver for the testator during the last 25 months of his life.

5. Formal Citations

  1. Lim Boon Ming v Tiang Choo Yang, Suit 952/2001, [2002] SGHC 50

6. Timeline

DateEvent
Testator made a will
Testator died
Citation issued to the Defendant to accept or refuse probate
Judgment delivered

7. Legal Issues

  1. Presumption of Destruction Animo Revocandi
    • Outcome: The court held that the presumption of destruction animo revocandi was rebutted by the evidence presented.
    • Category: Substantive
    • Sub-Issues:
      • Rebuttal of presumption
      • Standard of proof for rebuttal

8. Remedies Sought

  1. Admission of will to probate
  2. Grant of letters of administration

9. Cause of Actions

  • Application to admit will to probate
  • Counterclaim for grant of letters of administration

10. Practice Areas

  • Estate Litigation
  • Probate
  • Civil Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Welch v PhillipsJudicial Committee of the Privy CouncilYes(1836) 1 Moo.P.C. 299United KingdomCited as the locus classicus for the principle that a will traced to the possession of the deceased and not found on his death is presumed to have been destroyed by himself.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Wills Act (Cap 352, 1996 Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Probate
  • Will
  • Testator
  • Presumption of destruction animo revocandi
  • Duplicate will
  • Intestacy
  • Rebuttal of presumption

15.2 Keywords

  • Probate
  • Will
  • Singapore
  • High Court
  • Presumption of destruction

17. Areas of Law

Area NameRelevance Score
Wills and Probate90
Succession Law70
Evidence60
Trust Law30

16. Subjects

  • Wills
  • Probate
  • Evidence