Wong Swee Hor v Tan Jip Seng: Intestate Succession & Chinese Customary Marriage

In Wong Swee Hor v Tan Jip Seng, the Singapore High Court addressed a dispute over the estate of the late Mr. Tan Bung Thee. Mdm Wong Swee Hor, claiming to be Mr. Tan's lawful wife, sought a declaration to that effect and a grant of letters of administration. The 1st to 5th defendants counterclaimed, seeking a declaration that their mother, Mdm Du Chao Wan, was also lawfully married to Mr. Tan. The High Court allowed both Mdm Wong's claim and the 1st to 5th defendants' counterclaim, declaring both Mdm Wong and Mdm Du as lawful wives of Mr. Tan and the 1st to 5th defendants as legitimate children under the Intestate Succession Act.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Mdm Wong's claim and the 1st to 5th defendants’ counterclaim were allowed with costs.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court case concerning the estate of Tan Bung Thee, focusing on the validity of Chinese customary marriages and inheritance rights.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Wong Swee HorPlaintiffIndividualClaim AllowedWon
Tan Jip SengDefendantIndividualCounterclaim AllowedWon
Tan Sock FongOtherIndividual

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudgeYes

4. Counsels

Counsel NameOrganization
See Tow Soo LingColin Ng & Partners LLP
Edwin ChiaColin Ng & Partners LLP
Gong Chin NamHin Tat Augustine & Partners
Sean Lim Thian SiongHin Tat Augustine & Partners

4. Facts

  1. Mr. Tan had eleven children with three women: Mdm Du, Mdm Owyang, and Mdm Wong.
  2. The 1st to 5th defendants are Mr. Tan's children with Mdm Du.
  3. The 6th to 10th defendants are Mr. Tan's children with Mdm Owyang.
  4. Mdm Wong is the mother of Mr. Tan's daughter, Sock Fong.
  5. The 1st to 9th defendants contested Mdm Wong's claim to be Mr. Tan's lawful wife.
  6. The 1st to 5th defendants counterclaimed that Mdm Du was lawfully married to Mr. Tan.
  7. Mdm Wong claimed she married Mr Tan in 1957 under Chinese customary rites.

5. Formal Citations

  1. Wong Swee Hor v Tan Jip Seng and others, Suit No 902 of 2012/B, [2014] SGHC 263

6. Timeline

DateEvent
Mdm Wong was born in China.
Mdm Wong came to Singapore with her parents.
Alleged Chinese customary marriage between Mr Tan and Mdm Du.
Mr Tan married Mdm Owyang under Chinese customary rites.
Mdm Wong met Mr Tan.
Mr Tan, Mdm Wong, and her mother started living together at 481 Silat Road.
Alleged wedding dinner between Mr Tan and Mdm Wong.
Mdm Phua passed away.
Tan Sock Fong was born.
Mdm Wong quit her job to care for Sock Fong.
Mdm Wong’s mother passed away.
Mdm Owyang died.
Mdm Du died.
The 10th defendant's wedding.
Mr Tan was informed that Mdm Phua’s grave would be exhumed.
Mr Tan passed away.
Meetings between the parties regarding Mr Tan's estate.
Decision Date

7. Legal Issues

  1. Validity of Chinese Customary Marriage
    • Outcome: The court found that both Mdm Wong and Mdm Du were lawfully married to Mr. Tan under Chinese customary rites.
    • Category: Substantive
    • Related Cases:
      • [1965] 1 MLJ 102
      • [1920] AC 369
      • [1981–1982] SLR(R) 347
      • [1949] MLJ 171
  2. Intestate Succession Rights
    • Outcome: The court determined the inheritance rights of the parties based on the Intestate Succession Act.
    • Category: Substantive
  3. Admissibility of Evidence
    • Outcome: The court considered the admissibility of various pieces of evidence, including tombstone inscriptions and income tax assessment forms, in determining the marital status of the parties.
    • Category: Procedural
    • Related Cases:
      • [1933] 1 MLJ 111
      • [2000] SGHC 176
      • [2010] 3 SLR 423

8. Remedies Sought

  1. Declaration that Mdm Wong is the lawful wife of Mr Tan
  2. Grant of Letters of Administration to Mdm Wong
  3. Declaration that the 1st to 5th defendants have no right to apply for a Grant of Letters of Administration
  4. An inquiry of the assets of Mr Tan’s estate, including all assets outside of Singapore
  5. An order that the 1st defendant and any of the defendants who has intermeddled with the estate to account to Mdm Wong for the sums received by him or them that represent income or proceeds of the assets belonging to Mr Tan
  6. An account of all sums received by the 1st defendant and any of the defendants who had intermeddled with the estate representing income or proceeds of the assets belonging to Mr Tan
  7. Declaration that their mother, Mdm Du, was lawfully married to Mr Tan
  8. Declaration that the 1st to 5th defendants are the legitimate children of Mr Tan under the Intestate Succession Act

9. Cause of Actions

  • Declaration of Marital Status
  • Claim for Letters of Administration
  • Counterclaim for Declaration of Marital Status

10. Practice Areas

  • Family Litigation
  • Estate Administration

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Re Lee Gee Chong deceased; Tay Geok Yap & ors v Tan Lian CheowFederal Court of MalaysiaYes[1965] 1 MLJ 102MalaysiaCited for the legal requirements for proving a Chinese secondary marriage.
Cheong Thye Pin v Tan Ah LoyPrivy CouncilNo[1920] AC 369United KingdomCited to establish that a ceremony is not essential to constitute a secondary wife.
Ching Kwong Kuen v Soh Siew YokeHigh CourtYes[1981–1982] SLR(R) 347SingaporeCited with approval the dicta of Murray-Aynsley CJ in In the Estate of Yeow Kian Kee, deceased; Er Gek Cheng v Ho Ying Seng [1949] MLJ 171 at 173.
In the Estate of Yeow Kian Kee, deceased; Er Gek Cheng v Ho Ying SengHigh CourtNo[1949] MLJ 171MalaysiaCited for the requirements to prove a Chinese secondary marriage.
Seow Beng Hay v Seow Soon Quee & anorCourt of AppealNo[1933] 1 MLJ 111SingaporeCited regarding the admissibility of tombstone inscriptions as evidence of family relationships.
Wong Kai Woon alias Wong Kai Boon and another v Wong Kong Hom alias Ng Kong Hom and othersHigh CourtNo[2000] SGHC 176SingaporeCited regarding the admissibility of tombstone inscriptions as evidence of family relationships.
Lim Weipin and another v Lim Boh Chuan and othersHigh CourtNo[2010] 3 SLR 423SingaporeCited regarding the admissibility of tombstone inscriptions as evidence of family relationships.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Intestate Succession Act (Cap 146, 1985 Rev Ed)Singapore
s 7 of the Intestate Succession ActSingapore
s 3 of the Intestate Succession ActSingapore
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore
s 181 of the Women’s CharterSingapore
s 4(1) of the Women’s CharterSingapore
s 5(1) and (2) of the Women’s CharterSingapore
Evidence Act (Cap 97)Singapore
s 37 of the Evidence ActSingapore
s 76(a)(iii) of the Evidence ActSingapore
s 32(1)(e) and (f) of the Evidence ActSingapore
s 52 of the Evidence ActSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Chinese customary marriage
  • Intestate Succession Act
  • Letters of Administration
  • Tombstone inscriptions
  • Obituary
  • Niche application
  • Daughter-in-law
  • Lawful wife
  • Legitimate children

15.2 Keywords

  • Chinese customary marriage
  • Intestate succession
  • Estate
  • Family
  • Singapore
  • High Court
  • Wives
  • Children
  • Inheritance
  • Tombstone
  • Evidence

17. Areas of Law

Area NameRelevance Score
Succession Law95
Family Law70
Evidence Law60
Chinese Customary Law50
Property Law30
Contract Law10

16. Subjects

  • Family Law
  • Succession Law
  • Chinese Customary Marriage