Oh Chun Moy v Oh Bee Bee: Trustees Act - Accounting and Distribution of Estate Assets

In Oh Chun Moy and others v Oh Bee Bee, the High Court of Singapore addressed an originating summons filed by Oh Chun Moy, Oh Ah Yen, and Oh Kim Kee, as trustees of the estate of Oh Chin Seong, against Oh Bee Bee, seeking particulars and accounts of the estate's assets and liabilities, an inquiry into funeral and testamentary expenses, and an order for the defendant to sign cheques for the administration and distribution of the estate to all six beneficiaries. The court granted the orders sought, directing the defendant to provide the requested information and take steps to complete the estate's administration. The defendant's appeal against the decision was noted, and the court provided its reasons for the orders.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders granted in terms of prayers (a), (b), (c) and (d) and awarded costs of $800 to the plaintiffs excluding disbursements which would be paid on a reimbursement basis by the defendant.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court ordered Oh Bee Bee to provide accounts of the estate, inquire into expenses, and distribute assets to beneficiaries under the Trustees Act.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Oh Chun MoyPlaintiffIndividualOrders grantedWonAlbert Teo
Oh Ah YenPlaintiffIndividualOrders grantedWonAlbert Teo
Oh Kim KeePlaintiffIndividualOrders grantedWonAlbert Teo
Oh Bee BeeDefendantIndividualOrders granted against defendantLostEddie Lee

3. Judges

Judge NameTitleDelivered Judgment
Lai Siu ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Albert TeoPKWA Law Practice LLC
Eddie LeeCP Lee & Co

4. Facts

  1. The plaintiffs and defendant are administrators and beneficiaries of the Estate of Oh Chin Seong.
  2. The defendant was in control of matters relating to the Estate, especially the accounts.
  3. The defendant sold a flat, an asset of the Estate, which sale was completed on 29 October 2010.
  4. The net sale proceeds of the flat were deposited into a bank account opened in the names of the four administrators.
  5. The plaintiffs had no access to the monies as the defendant held the cheque book.
  6. The defendant furnished accounts to the plaintiffs’ solicitors, including vouchers and receipts for expenses.
  7. The plaintiffs objected to some of the expenses claimed by the defendant.

5. Formal Citations

  1. Oh Chun Moy and others v Oh Bee Bee, Originating Summons No.183 of 2011/M, [2011] SGHC 220

6. Timeline

DateEvent
Oh Chin Seong passed away
Plaintiffs' solicitors wrote to the defendant to ask for accounts of the Estate
Meeting between defendant, her husband, and plaintiffs' solicitors
Sale of flat completed and net sale proceeds deposited into bank account
Solicitors furnished plaintiffs' solicitors with details of various bank accounts of the Estate
Defendant and Ng met the plaintiffs’ solicitors again to furnish the accounts
Plaintiffs' solicitors wrote to the defendant to inform her of the items and quantum of expenses that the plaintiffs agreed or objected to
Defendant rejected the plaintiffs’ claims/proposals
Plaintiffs’ solicitors sent the defendant a reminder
Defendant responded repeating her intention to seek legal advice
Plaintiffs’ solicitors wrote again to the defendant giving her another two weeks to respond
Defendant made various allegations against the second plaintiff
Plaintiffs’ solicitors sent the defendant a reminder
Originating Summons No. 183 of 2011 filed
Decision Date

7. Legal Issues

  1. Accounting of Estate Assets
    • Outcome: The court ordered the defendant to furnish proper particulars and accounts of the assets and liabilities of the Estate.
    • Category: Substantive
  2. Reimbursement of Expenses
    • Outcome: The court ordered an inquiry to determine what sums have been expended or liabilities incurred by the plaintiffs and the defendant.
    • Category: Substantive
  3. Distribution of Estate Assets
    • Outcome: The court ordered the defendant to take immediate steps to sign all cheques with the plaintiffs to complete the administration of the Estate and distribute the Estate to all six beneficiaries.
    • Category: Substantive

8. Remedies Sought

  1. Accounting of Assets
  2. Inquiry into Expenses
  3. Distribution of Estate Assets

9. Cause of Actions

  • Breach of Trust
  • Failure to Account

10. Practice Areas

  • Trust Administration
  • Estate Administration
  • Civil Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Trustees Act (Cap 337, 2005 Rev Ed)Singapore
Probate and Administration Act (Cap 251, 2000 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Estate
  • Trustees
  • Beneficiaries
  • Administrators
  • Accounts
  • Distribution
  • Funeral expenses
  • Testamentary expenses

15.2 Keywords

  • Trustees Act
  • Probate and Administration Act
  • Estate
  • Accounting
  • Distribution
  • Beneficiaries

16. Subjects

  • Trusts
  • Estates
  • Probate
  • Administration of Estates

17. Areas of Law

  • Trust Law
  • Probate Law
  • Civil Procedure