Re Soo Ngak Hee: Presumption of Death Application for Missing Person Soh Ngak Wee
Mr. Soo Ngak Hee applied to the High Court of Singapore on 26 August 2010, seeking a declaration for the presumption of death of his younger brother, Mr. Soh Ngak Wee (SNW), who had been missing since April 2001. The court, presided over by Judith Prakash J, granted the application, citing the lack of contact with family members for over seven years and the absence of any evidence suggesting SNW was still alive. The application was made so that in the event of the mother's demise, the flat would not be left in limbo with SNW as the permanently absent owner of the flat.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application Granted
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application for presumption of death of Soh Ngak Wee, missing since 2001. The court granted the application based on evidence and lack of contact.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Re Soo Ngak Hee | Applicant | Individual | Application Granted | Won | Lim Hui Min of Legal Aid Bureau |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lim Hui Min | Legal Aid Bureau |
4. Facts
- Mr. Soh Ngak Wee (SNW) disappeared in April 2001 and has not been seen since.
- SNW was born on 19 November 1953 and worked as a manual labourer.
- In 2000, SNW suffered a stroke, lost his job, and moved back with his parents.
- SNW was admitted to the Institute of Mental Health in October 2000 due to stress.
- SNW and his mother made joint wills in March 2001.
- SNW left home on 14 April 2001 without his belongings.
- A police report was filed in May 2001 after SNW went missing.
5. Formal Citations
- Re Soo Ngak Hee, Originating Summons No 778 of 2010, [2010] SGHC 256
- Re Wong Sook Mun Christina, , [2005] 3 SLR(R) 329
- Re Wong Sook Mun Christina, , [2005] SGHC 100
- Re Osman bin Bachit, , [1997] 4 MLJ 445
- Chard v Chard (Orse. Northcott), Haye, Winstanley, Lord and Norris, , [1956] P 259
- Bullock v Bullock, , [1960] 1 WLR 975
6. Timeline
| Date | Event |
|---|---|
| Soh Ngak Wee born | |
| Soh Ngak Wee lost his job due to a stroke | |
| Soh Ngak Wee admitted to the Institute of Mental Health | |
| Applicant took Soh Ngak Wee out of the hospital | |
| Mdm Ong and Soh Ngak Wee made joint wills | |
| Soh Ngak Wee disappeared | |
| Police report made about Soh Ngak Wee having gone missing | |
| Advertisement placed in Lian He Zao Bao newspaper to trace Soh Ngak Wee | |
| Soh Ngak Wee’s father died | |
| Applicant made affidavit | |
| Application for declaration that Soh Ngak Wee be presumed dead was granted |
7. Legal Issues
- Presumption of Death
- Outcome: The court found sufficient evidence to presume Soh Ngak Wee dead.
- Category: Substantive
8. Remedies Sought
- Declaration of Presumption of Death
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Civil Procedure
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Re Wong Sook Mun Christina | High Court | Yes | [2005] 3 SLR(R) 329 | Singapore | Followed on the interpretation of sections 109 and 110 of the Evidence Act regarding the presumption of death. |
| Re Wong Sook Mun Christina | High Court | Yes | [2005] SGHC 100 | Singapore | Followed on the interpretation of sections 109 and 110 of the Evidence Act regarding the presumption of death. |
| Re Osman bin Bachit | High Court | Yes | [1997] 4 MLJ 445 | Malaysia | Followed on the interpretation of sections 109 and 110 of the Evidence Act regarding the presumption of death. |
| Doe d’France v Andrews | Queen's Bench Division | Yes | (1850) 15 QBD 756 | England and Wales | Referred to for the definition of persons who would naturally have heard of the deceased. |
| Chard v Chard (Orse. Northcott), Haye, Winstanley, Lord and Norris | Probate Division | Yes | [1956] P 259 | England and Wales | Discussed the common law requirement of making sufficient inquiries to ascertain whether the person is alive. |
| Bullock v Bullock | Not specified | Yes | [1960] 1 WLR 975 | England and Wales | Cited as a case where no efforts were made to look for the husband, yet the court proceeded to make a declaration that the husband be presumed dead. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Evidence Act | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) s 109 | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) s 110 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Presumption of death
- Missing person
- Evidence Act
- Section 110
- Seven years absence
15.2 Keywords
- presumption of death
- missing person
- evidence act
- singapore
- high court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Presumption of Death | 90 |
| Wills and Probate | 75 |
| Succession Law | 70 |
| Evidence | 60 |
| Family Law | 30 |
16. Subjects
- Presumption of Death
- Missing Persons
- Evidence Law