Collars v. Collars: Dispute Over Lombard Account Funds and Estate Distribution

In Collars Muriel Esther de Jesus and Another v Sandra Audrey Jude Collars, the High Court of Singapore, presided over by Judith Prakash J, addressed a dispute among three daughters (the plaintiffs and the defendant) of the deceased, Mrs. Maria Dolores Figureireo Collars, regarding the distribution of funds in a Lombard Banking Services account. The plaintiffs, as executrices and trustees of the deceased's will, sought a declaration that the funds in the Lombard account did not form part of the deceased's estate and belonged to them exclusively. The court ruled in favor of the plaintiffs, concluding that the deceased intended the funds to pass to the plaintiffs via survivorship, excluding the defendant.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for the Plaintiffs

1.3 Case Type

Probate

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

A dispute among daughters over whether funds in a Lombard account should be part of the deceased's estate or belong solely to two daughters.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Collars Muriel Esther de JesusPlaintiffIndividualJudgment for PlaintiffWon
Collars Marina Bernardette Das Dores Alias Marina Bernardette Das Dores CollarsPlaintiffIndividualJudgment for PlaintiffWon
Sandra Audrey Jude CollarsDefendantIndividualClaim DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Judith PrakashJudgeYes

4. Counsels

Counsel NameOrganization
Peter MadhavanMadhavan Partnership
Parveen Kaur NagpalMadhavan Partnership
Chandra Mohan s/o K NairTan Rajah & Cheah

4. Facts

  1. The deceased opened a fixed time deposit account with the Bank in March 1983 with herself and her three daughters as account holders.
  2. The will, made on 1 January 1984, stated that monetary savings in bank accounts with the deceased as the first titular belonged exclusively to her.
  3. In February 2001, the deceased closed the first account and transferred the proceeds to a new Sterling Premier Account, the Lombard account.
  4. The Lombard account was initially opened in the names of the deceased and the two plaintiffs, excluding the defendant.
  5. The bank mistakenly opened the Lombard account in all four names, requiring the defendant's consent to remove her name.
  6. The deceased sought the defendant's consent to close the first account but did not explicitly state that the new account would exclude her.
  7. The defendant did not sign the account closure form, leading to a dispute over the funds after the deceased's death.

5. Formal Citations

  1. Collars Muriel Esther de Jesus and Another v Sandra Audrey Jude Collars, OS 623/2007, [2008] SGHC 110

6. Timeline

DateEvent
Will made by Mrs Maria Dolores Figureireo Collars
Deceased wrote to the Bank to close the first account and transfer the proceeds to a new account
Bank acknowledged receipt of the deceased’s letter and confirmed that the existing account had been closed and that the funds from it had been placed in the Lombard account
First plaintiff wrote to the defendant informing her that the deceased had asked the Bank to close the first account
Plaintiffs wrote to the defendant again saying that the closure of the first account had been delayed
Bank wrote to the deceased and the other account holders stating that the first account had been closed but the Lombard account had been opened in all four names
Deceased replied to the Bank confirming her instructions to block any withdrawals from the Lombard account until further notice
Defendant wrote that she would sign a letter to the Bank discharging her liability as one of the signatories
Mrs Maria Dolores Figureireo Collars died
Plaintiffs were granted probate of the will
DC Suit 5031 of 2002 was settled between the parties
MP wrote to the Bank giving it the history of the Lombard account and asking why the Lombard account had been opened in four names
Plaintiffs received the Bank's letter stating that the Lombard account was no longer in the defendant’s name
Plaintiffs made an interim cash distribution to the beneficiaries under the will
MP sent AOH the trustees’ Final Report and a bank draft for the sum of CAD 5,831.88 being the final distribution of the moveable properties of the deceased
TRC indicated that the defendant’s position was that she was entitled to a one-third share in the Lombard account
Plaintiffs filed the originating summons in these proceedings
Decision Date

7. Legal Issues

  1. Beneficial Ownership of Joint Account
    • Outcome: The court held that the funds in the Lombard account belonged to the plaintiffs, not the estate, due to the deceased's intention to make an inter vivos gift.
    • Category: Substantive
    • Related Cases:
      • [1992] SGHC 104
  2. Intention of Testator
    • Outcome: The court found that the deceased's actions demonstrated a clear intention to exclude the defendant from the Lombard account funds.
    • Category: Substantive

8. Remedies Sought

  1. Declaration that the Lombard account funds do not form part of the estate
  2. Declaration that the defendant has no right to the Lombard account funds
  3. Declaration that the plaintiffs are legally and beneficially entitled to the funds

9. Cause of Actions

  • Declaratory judgment regarding ownership of funds

10. Practice Areas

  • Estate Planning
  • Trust Administration
  • Litigation

11. Industries

  • Banking
  • Financial Services

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tan Seng Pow v Tan Seng HockHigh CourtYes[1992] SGHC 104SingaporeCited for the principle that the survivor of a joint account takes the whole benefit of the account in the absence of a contrary intention.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Lombard account
  • Right of survivorship
  • Inter vivos gift
  • Joint account
  • Beneficial ownership
  • Estate distribution
  • First titular

15.2 Keywords

  • Probate
  • Will
  • Estate
  • Joint Account
  • Beneficial Ownership
  • Lombard
  • Survivorship
  • Singapore

17. Areas of Law

Area NameRelevance Score
Estate Administration90
Wills and Probate85
Succession Law75
Inter vivos65
Trust Law60
Property Law50
Beneficial Ownership40

16. Subjects

  • Trusts
  • Probate
  • Banking
  • Succession