Re Estate of Lim Yew Teok: Determining Devolution of Shares After Failure of Stirps

In the matter of the Estate of Lim Yew Teok, the High Court of Singapore, on 6 August 2008, addressed the application brought by the trustees of Lim Yew Teok's estate to determine the devolution of 40 shares of income from the residuary trust funds under his will. The court, presided over by Choo Han Teck J, declared that all 40 shares should fall into residue due to the complete failure of stirps of the original residuary legatees.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

All 40 shares of the income of the residuary trust funds should fall into residue.

1.3 Case Type

Probate

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

The High Court determined whether 40 shares of income from a residuary trust should fall into residue after the complete failure of stirps. The court declared that all 40 shares should fall into residue.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Koh Sim TianOtherIndividualClaim dismissedLost
Trustees of the estate of Lim Yew TeokApplicantTrustApplication grantedWon
Chng Heng ChooClaimantIndividualClaim dismissedLost
Chng Heng TeeClaimantIndividualClaim dismissedLost
Koh Tek HengRespondentIndividualClaim dismissedLost
Ang Hwa BinOtherIndividualClaim dismissedLost
Ang Hwa TwanOtherIndividualClaim dismissedLost
Ang Hwa ChengOtherIndividualClaim dismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Ponniah James LeslieWong & Lim
Edwin TongAllen & Gledhill LLP
Colin Chow ZhiquanAllen & Gledhill LLP
Kee Lay LianRajah & Tann LLP
Melvin LumRajah & Tann LLP
Chelva RajahTan Rajah & Cheah
Han Kee FongTan Rajah & Cheah
Mary Leong Sut SanSilk Legal LLP
Keh Kee GuanSilk Legal LLP

4. Facts

  1. The trustees of Lim Yew Teok's estate applied to the court for determination of the devolution of 40 shares.
  2. The 40 shares were originally allocated to Lim Ah Kow, Lim Chye Inn, and Chan Mek Tuan.
  3. Lim Chui Ngor (LCN) eventually came to hold all 40 shares through various devolutions.
  4. The claimants, Chng Heng Choo and Chng Heng Tee, claimed 15 of the shares.
  5. Koh Tek Heng and Koh Sim Tian also claimed entitlement to the shares.
  6. LCN's death resulted in a complete failure of stirps.
  7. Clause 6 of the will dictates the distribution of shares upon the death of legatees.

5. Formal Citations

  1. Re Estate of Lim Yew Teok, deceased, OS 1329/2007, [2008] SGHC 128
  2. Lim Yew Teok, decd; British Malayan Trustees Ltd v Chng Kiat Leng, , [1966] MLJ 260
  3. British Malayan Trustee and Executor Co v Chng Phee Lam, , [1948] MLJ 188

6. Timeline

DateEvent
Will dated
Judgment issued
Judgment set aside
Oral arguments presented
Summaries and replies filed
Ang Hwa Bin, Ang Hwa Twan, and Ang Hwa Cheng claim a share
Silk Legal LLP informed the court that their clients would not be filing any affidavit nor would he be making any submission on their behalf
Judgment reserved

7. Legal Issues

  1. Devolution of Shares
    • Outcome: The court declared that all 40 shares of the income of the residuary trust funds should fall into residue.
    • Category: Substantive
    • Sub-Issues:
      • Failure of Stirps
      • Interpretation of Will Clauses
    • Related Cases:
      • [1966] MLJ 260

8. Remedies Sought

  1. Determination of beneficiaries of trust income

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Trust Administration
  • Estate Planning

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lim Yew Teok, decd; British Malayan Trustees Ltd v Chng Kiat LengHigh CourtYes[1966] MLJ 260MalaysiaInterpreted clause 6 of the will, establishing provisions for the distribution of shares and the failure of stirps.
British Malayan Trustee and Executor Co v Chng Phee LamHigh CourtYes[1948] MLJ 188MalaysiaDefined 'stirps' as descendants by blood of Lim Chye Inn, but at the time, there was no failure of stirps.

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

  • Residuary Trust Funds
  • Failure of Stirps
  • Devolution
  • Residue
  • Residuary Legatees
  • Next of Kin
  • Will

15.2 Keywords

  • Estate
  • Will
  • Trust
  • Shares
  • Residue
  • Devolution
  • Failure of Stirps

17. Areas of Law

Area NameRelevance Score
Estate Administration80
Wills and Probate75
Succession Law70
Will Interpretation65
Trust Law60

16. Subjects

  • Trusts
  • Wills
  • Estate Administration