Re Will and Codicil of Tan Tye: Interpretation of 'Male Issue' in Will
The Singapore High Court heard an application by the trustees of the will of Tan Tye to determine the meaning of 'male issue (not including adopted male) as shall then be living' to identify beneficiaries of the estate corpus. The court, presided over by Justice Kan Ting Chiu, ruled that the term refers to male descendants in the exclusively male line, excluding adopted males and descendants through female lines. The court also addressed res judicata concerns arising from a prior judgment.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Determination of beneficiaries of the estate corpus; certain classes of claimants excluded.
1.3 Case Type
Probate
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court interprets 'male issue' in Tan Tye's will, determining beneficiaries of estate corpus. The court excludes adopted males and descendants through female lines.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Applicants | Applicant | Other | Application partially successful | Partial | Morris John |
| Male persons in the exclusively male line | Claimant | Individual | Claim Allowed | Won | T P B Menon, Joseph Hoo Chun Hee, Peter Madhavan |
| Male persons of the exclusively male line tracing from Tan Kiok Poh, an adopted son of Tan Lian Swee | Claimant | Individual | Claim Dismissed | Lost | Kenneth Michael Tan Wee Kheng |
| Male persons claiming through the daughters of Tan Lian Chye | Claimant | Individual | Claim Dismissed | Lost | Joan Lim Pheck Hoon |
| Estate of Tan Lian Chye, Deceased | Claimant | Other | Claim Dismissed | Lost | Joan Lim Pheck Hoon |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kan Ting Chiu | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Morris John | Drew and Napier LLC |
| T P B Menon | Wee Swee Teow and Co |
| Joseph Hoo Chun Hee | Tang and Tan |
| Peter Madhavan | Madhavan Partnership |
| Kenneth Michael Tan Wee Kheng | Kenneth Tan Partnership |
| Joan Lim Pheck Hoon | Chan Kam Foo and Associates |
4. Facts
- Tan Tye died on 22 July 1898, leaving a will dated 13 May 1896.
- The will set up a trust with income to family members and deferred distribution of the corpus.
- The will directed the trustees to divide the property among 'male issue (not including adopted male) as shall then be living'.
- Tan Tye had five sons, three natural and two adopted.
- The trusts created in the will expired on 11 January 2003.
- The claimants to the corpus fall into four classes: exclusively male line, male line tracing from adopted son, through daughters, and the estate of Tan Lian Chye.
5. Formal Citations
- Re Will and Codicil of Tan Tye, deceased (No 2), OS 1210/1992, [2004] SGHC 103
- Re Alkaff’s Settlements, , [1928] SSLR 188
- In the Matter of the Trusts of the Will of Tan Tye deceased, , [1936] MLJ 141
6. Timeline
| Date | Event |
|---|---|
| Will dated | |
| Tan Tye died | |
| Judgment by Sir James William Murison CJ in Tan Lian Boh v Yap Lian Neo | |
| Tan Lian Chye died | |
| Warren L H Khoo J ruled on the trusts created in the will | |
| Trusts expired and corpus of the estate was distributable | |
| Judgment reserved |
7. Legal Issues
- Interpretation of 'male issue'
- Outcome: The court held that 'male issue' refers to male descendants in the exclusively male line, excluding adopted males.
- Category: Substantive
- Sub-Issues:
- Exclusion of adopted males
- Descendants through female lines
- Related Cases:
- [1928] SSLR 188
- (1860) 29 Beav 38; 54 ER 539
- (1953) 89 CLR 152
- [1961] 1 WLR 1252
- Res judicata
- Outcome: The court held that the prior judgment did not prevent further determination of the issue.
- Category: Procedural
8. Remedies Sought
- Determination of beneficiaries of the estate corpus
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Probate
- Estate Planning
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lywood v Kimber | Court of Chancery | Yes | (1860) 29 Beav 38; 54 ER 539 | England and Wales | Cited for the meaning of 'issue male' as issue male claiming through males. |
| Re Alkaff’s Settlements | Singapore High Court | Yes | [1928] SSLR 188 | Singapore | Cited for the meaning of 'male issue' as the male descendants of males. |
| Allen v Crane | High Court of Australia | Yes | (1953) 89 CLR 152 | Australia | Cited for the meaning of 'male issue' as descendants in the male line. |
| In re du Cros’ Settlement Trusts | England High Court | Yes | [1961] 1 WLR 1252 | England and Wales | Cited for the meaning of 'issue male' as male descendants through the exclusively male line. |
| In re Philps’ Will | Court of Chancery | No | (1869) LR 7 Eq 151 | England and Wales | Cited regarding the interpretation of 'then living' in a will, but distinguished by the court. |
| Elliot v Lord Joicey | House of Lords | Yes | [1935] AC 209 | United Kingdom | Cited for the rules regarding the inclusion of a child en ventre sa mere in a class gift. |
| In the Matter of the Trusts of the Will of Tan Tye deceased | Singapore High Court | No | [1936] MLJ 141 | Singapore | Cited regarding the effect of conflicting judgments on the same issue, but distinguished by the court. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Male issue
- Corpus
- Will
- Trust
- Beneficiaries
- Adopted male
- Distribution date
- Exclusively male line
- Res judicata
15.2 Keywords
- Will
- Estate
- Male issue
- Trust
- Beneficiaries
- Singapore
- Probate
16. Subjects
- Wills and Estates
- Trusts
- Interpretation of Wills
17. Areas of Law
- Succession and Wills
- Trust Law