Soh Eng Beng v Soh Eng Koon: Will Construction & Rectification Regarding Property Bequest

In Soh Eng Beng (as executor and trustee of the Estate of Soh Kim Poo, deceased) v Soh Eng Koon, the High Court of Singapore addressed a dispute over the construction of clause 5 of a will dated 7 February 2002. The applicant, Soh Eng Beng, sought a declaration on the true construction of the will, while the respondent, Soh Eng Koon, sought rectification of clause 5. The court, presided over by Belinda Ang Saw Ean J, construed the will in favor of the respondent, determining that the testator intended to bequeath his entire interest in the property to the named beneficiaries. The court ordered rectification of clause 5 to reflect this intention and ordered that the estate pay the respondent’s costs.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Will construed in favor of the Respondent; clause 5 of the Will rectified.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court construed a will, determining the testator's intention regarding a property bequest and ordering rectification to reflect that intention.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Soh Eng Beng (as executor and trustee of the Estate of Soh Kim Poo, deceased)ApplicantIndividualConstruction issue resolved against applicantLost
Soh Eng KoonRespondentIndividualWill construed in favor of respondentWon
Soh Eng CheeOtherIndividualNeutralNeutral

3. Judges

Judge NameTitleDelivered Judgment
Belinda Ang Saw EanJudgeYes

4. Counsels

Counsel NameOrganization
June HongWong Tan & Molly Lim LLC
Roland TongWong Tan & Molly Lim LLC
Mark GohBelinda Ang Tang & Partners
Belinda Ang Choo PohBelinda Ang Tang & Partners
Foo Maw JuinRodyk & Davidson LLP

4. Facts

  1. The applicant sought a declaration as to the true construction of clause 5 of the testator’s will.
  2. The respondent sought an order to rectify clause 5 of the will.
  3. The testator's will devised his half share of a property to three children in specified percentages.
  4. The testator owned a 4/5 share of the property, not a half share.
  5. The will contained a misdescription of the testator's interest in the property.
  6. The testator intended to bequeath his entire interest in the property to the three named beneficiaries.
  7. The draftsman likely copied wording from a previous clause in the will, leading to the error.

5. Formal Citations

  1. Soh Eng Beng (as executor and trustee of the Estate of Soh Kim Poo, deceased) v Soh Eng Koon, Originating Summons No 48 of 2010, [2010] SGHC 257

6. Timeline

DateEvent
Will dated
Testator died
Affidavit filed by Mr. Vijya
Judgment reserved

7. Legal Issues

  1. Construction of Will
    • Outcome: The court construed clause 5 of the will to mean that the testator intended to bequeath his entire interest in the property to the named beneficiaries.
    • Category: Substantive
    • Sub-Issues:
      • Interpretation of testamentary language
      • Ascertaining testator's intention
  2. Rectification of Will
    • Outcome: The court ordered rectification of clause 5 by deleting the word 'half' to reflect the testator's intention.
    • Category: Substantive
    • Sub-Issues:
      • Misdescription of property interest
      • Mistake in drafting

8. Remedies Sought

  1. Declaration as to the true construction of clause 5 of the will
  2. Order to rectify clause 5 of the will

9. Cause of Actions

  • Declaration as to the true construction of a will
  • Rectification of a will

10. Practice Areas

  • Estate Planning
  • Probate Litigation

11. Industries

  • Legal Services

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Chee Mu Lin Muriel v Chee Ka Lin CarolineCourt of AppealYes[2010] SGCA 27SingaporeCited for the precautions solicitors must take when preparing and witnessing the execution of wills to ensure they reflect the testator's wishes.
Low Ah Cheow and others v Ng Hock GuanHigh CourtYes[2009] 3 SLR(R) 1079SingaporeCited for the warning that preparing a will involves serious professional responsibilities that solicitors must uncompromisingly observe and discharge.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Estate Duty Act (Cap 96, 1997 Rev Ed) s 41(2)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Will
  • Testator
  • Beneficiary
  • Construction
  • Rectification
  • Specific bequest
  • Residuary estate
  • Falsa demonstratio
  • Misdescription
  • Intention of testator

15.2 Keywords

  • Will construction
  • Will rectification
  • Property bequest
  • Testator intention
  • Estate
  • Probate
  • Singapore High Court

17. Areas of Law

Area NameRelevance Score
Wills and Probate90
Will Interpretation70
Testamentary Intentions65
Succession Law60
Trust Law50
Equity40
Contract Law30

16. Subjects

  • Wills
  • Probate
  • Estate Administration
  • Property Law