Khor Liang Ing Grace v Nie Jianmin: Caveat Removal in Probate Dispute over Alleged Loan
In Khor Liang Ing Grace (executor of the estate of Tan See Wee, deceased) v Nie Jianmin, the High Court of Singapore addressed an application by Khor Liang Ing Grace to remove a caveat filed by Nie Jianmin against the grant of probate for the estate of Tan See Wee. Nie Jianmin claimed the estate owed her $762,000 based on an alleged loan to the deceased. The court, presided over by Justice Tan Siong Thye, ruled that it lacked the power to adjudicate the debt claim under Section 33 of the Probate and Administration Act before the grant of probate. The court found that Nie Jianmin did not have a caveatable interest and ordered the caveat to be removed, dismissing Nie Jianmin's application for the debt to be repaid.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application by Khor Liang Ing Grace allowed; caveat ordered to be struck off the register; Nie Jianmin's application dismissed.
1.3 Case Type
Probate
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
High Court case involving Khor Liang Ing Grace's application to remove Nie Jianmin's caveat against a grant of probate, disputing a $762,000 loan claim.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Khor Liang Ing Grace (executor of the estate of Tan See Wee, deceased) | Applicant | Individual | Application Allowed | Won | |
| Nie Jianmin | Respondent | Individual | Application Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Siong Thye | J | Yes |
4. Counsels
4. Facts
- Nie Jianmin lodged a caveat against the grant of probate, claiming the deceased owed her $762,000.
- Nie Jianmin claimed the $762,000 was a loan to the deceased.
- Khor Liang Ing Grace contended the $762,000 was an investment made by Tan Chau Chuang in a Vietnam project with the deceased.
- Tan Chau Chuang allegedly borrowed money from Nie Jianmin to invest in the Vietnam project.
- There was no documentary evidence to support the claim that the $762,000 was a loan.
- Nie Jianmin did not oppose the grant of probate to Khor Liang Ing Grace.
5. Formal Citations
- Khor Liang Ing Grace (executor of the estate of Tan See Wee, deceased) v Nie Jianmin, Case No P179 of 2014 (Summons No 2787 of 2014), [2014] SGHC 202
6. Timeline
| Date | Event |
|---|---|
| Nie Jianmin handed the deceased a cashier’s order for $762,000. | |
| Tan See Wee died. | |
| Nie Jianmin lodged a caveat against the grant of probate. | |
| Khor Liang Ing Grace applied for probate to be granted to her. | |
| Khor Liang Ing Grace met with Tan Chau Chuang. | |
| A notice was served on Nie Jianmin’s solicitors. | |
| Nie Jianmin entered her appearance showing cause against the grant of probate to Khor Liang Ing Grace. | |
| Judgment reserved. |
7. Legal Issues
- Caveatable Interest
- Outcome: The court held that Nie Jianmin did not have a caveatable interest against the deceased’s estate.
- Category: Substantive
- Related Cases:
- (1791) 1 Phill Ecc 174
- (1754) 1 Lee 544
- [1987] HKCFI 57
- (1943) QSR 137
- Jurisdiction of the Court
- Outcome: The court held that it did not have the power under s 33 of the Probate and Administration Act or O 71 r 37 of the Rules of Court to decide on the merits of Nie Jianmin’s debt claim before the grant of probate.
- Category: Jurisdictional
8. Remedies Sought
- Removal of Caveat
- Repayment of Debt
9. Cause of Actions
- Debt Claim
- Unjust Enrichment
10. Practice Areas
- Probate Litigation
11. Industries
- Finance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Elme v Da Costa | N/A | No | (1791) 1 Phill Ecc 174 | United Kingdom | Cited for the principle that a creditor's right is to have a representation to the deceased made before their debt can be paid. |
| Burroughs v Griffiths and Hall | N/A | Yes | (1754) 1 Lee 544 | United Kingdom | Cited to support the position that loans do not give rise to caveatable interests and that creditors who lodge caveats are abusing the process. |
| Re John Tung Chi Ying | N/A | Yes | [1987] HKCFI 57 | Hong Kong | Cited as a case with similar facts where a caveat lodged on the basis of an unpaid loan was expunged, as the creditor's interests were better protected after the grant of probate. |
| Re Devoy; Fitzgerald v Fitzgerald | N/A | Yes | (1943) QSR 137 | Australia | Cited for the principle that a person opposing a will must show that the grant of probate would affect some right of theirs. |
| Tjong Very Sumito and others v Chan Sing En and others | N/A | No | [2012] 3 SLR 953 | Singapore | Cited for the elements of unjust enrichment. |
| Alwie Handoyo v Tjong Very Sumito and another and another appeal | N/A | No | [2013] 4 SLR 308 | Singapore | Cited for the principle that plaintiffs should be precise in elucidating the basis for their restitutionary claims. |
| Lo Man Heng and another v UBS AG (Yap Loo Mien, third party) | High Court | No | [2014] SGHC 134 | Singapore | Cited for the principle that an unjust enrichment claim must be premised on an unjust factor. |
| Tan Beng Tian v Teoh Hock Kooi | N/A | No | [2012] SGDC 268 | Singapore | Cited to show that the court had ordered a refund of an investment sum. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Probate and Administration Act (Cap 251, 1985 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Caveat
- Probate
- Loan
- Investment
- Executor
- Grant of Probate
- Caveatable Interest
15.2 Keywords
- probate
- caveat
- loan
- investment
- estate
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Wills and Probate | 90 |
| Estate Administration | 90 |
| Caveat | 60 |
| Trust Law | 30 |
| Contract Law | 20 |
16. Subjects
- Probate
- Estate Administration
- Caveats
- Loans
- Investments