Low Guang Hong David v Suryono Wino Goei: Intestate Succession for Step-Children
In Low Guang Hong David and others v Suryono Wino Goei, the High Court of Singapore, on 3 May 2012, addressed whether step-children are considered 'children' under the Intestate Succession Act for inheritance purposes. The plaintiffs, step-children of the deceased, Madam Lina Halim, sought a declaration that they had priority over the defendant, Madam Lina's brother, in inheriting her estate. The court, presided over by Justice Tay Yong Kwang, ruled that the definition of 'child' in the Act does not include step-children, thus the defendant was entitled to the entire estate.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Defendant
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court determined that step-children are not included in the definition of 'child' under the Intestate Succession Act, impacting inheritance rights.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Low Guang Hong David | Plaintiff | Individual | Claim Dismissed | Lost | |
| Suryono Wino Goei | Defendant | Individual | Judgment for Defendant | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
4. Facts
- Mr. Low and Mdm. Lina married in 1975 and had no children together.
- Mr. Low had children from a previous marriage (the plaintiffs).
- Mr. Low bequeathed his estate to Mdm. Lina when he passed away in 1994.
- Mdm. Lina died in 2011 without a will.
- An unsigned will was found leaving her estate to the plaintiffs.
- Mdm. Lina's estate includes a HDB flat, a freehold private property, jewellery, and cash.
- The defendant is Mdm. Lina's only surviving brother.
5. Formal Citations
- Low Guang Hong David and others v Suryono Wino Goei, Originating Summons No 151 of 2012, [2012] SGHC 93
6. Timeline
| Date | Event |
|---|---|
| Marriage between Mr Low Kim Huat and Madam Lina Halim | |
| Mr Low Kim Huat passed away | |
| Madam Lina Halim died without leaving a will | |
| Plaintiff's First Affidavit dated | |
| Plaintiffs’ Written Submissions dated | |
| Judgment reserved |
7. Legal Issues
- Definition of 'Child' under Intestate Succession Act
- Outcome: The court held that the definition of 'child' under s 3 of the Intestate Succession Act does not include step-children.
- Category: Substantive
8. Remedies Sought
- Declaration that the plaintiffs' claims rank higher in priority over the defendant's claim
9. Cause of Actions
- Declaration of Entitlement to Estate
10. Practice Areas
- Civil Litigation
- Inheritance Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Dilworth v Commissioner of Stamps | N/A | Yes | [1899] AC 99 | N/A | Cited for the principle that the word 'includes' indicates an inclusionary and enlarging definition. |
| Lui Chang Soong v Public Prosecutor | N/A | Yes | [1992] 1 SLR(R) 229 | Singapore | Cited for the principle that the word 'includes' indicates an inclusionary and enlarging definition. |
| Re Leach (deceased) | N/A | Yes | [1985] 3 WLR 413 | N/A | Cited regarding the mitigation of the 'double-dipping' problem in cases where the step-child was treated as a child of the step-parent. |
| Re Callaghan (deceased) | N/A | Yes | [1985] Fam 1 | N/A | Cited regarding the mitigation of the 'double-dipping' problem in cases where the step-child was treated as a child of the step-parent. |
| AAG v Estate of AAH, deceased | Court of Appeal | Yes | [2010] 1 SLR 769 | Singapore | Distinguished on the basis that the statute in question was the Inheritance (Family Provision) Act and that the focus in that case was on illegitimate children. |
| Chin Seow Noi and others v Public Prosecutor | N/A | Yes | [1993] 3 SLR(R) 566 | Singapore | Cited for the principle that the word 'includes' makes a definition extensive. |
| Pan-United Marine Ltd v Chief Assessor | N/A | Yes | [2008] 3 SLR 569 | Singapore | Cited for the principle that the phrase 'means … and includes' may serve two purposes: either to illustrate the main meaning or to extend the main meaning beyond its natural import. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Intestate Succession Act (Cap 146, 1985 Rev Ed) | Singapore |
| Section 3 of the Intestate Succession Act (Cap 146, 1985 Rev Ed) | Singapore |
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| Section 70 of the Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| Inheritance (Family Provision) Act (Cap 138, 1985 Rev Ed) | Singapore |
| Maintenance of Parents Act (Cap 167B, 1996 Rev Ed) | Singapore |
| Maintenance of Parents Act (Cap 167B, 1996 Rev Ed) Interpretation 2 | Singapore |
| S 64 of the WC Interpretation of [Part VII of the WC] | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Intestate Succession Act
- Step-child
- Legitimate child
- Adopted child
- Estate
- Intestacy
15.2 Keywords
- Intestate Succession Act
- step-children
- inheritance
- Singapore High Court
- family law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Intestate succession | 95 |
| Succession Law | 90 |
| Wills and Probate | 85 |
| Step-children's rights | 80 |
| Statutory Interpretation | 70 |
16. Subjects
- Succession Law
- Statutory Interpretation