Kuek Siang Wei v Kuek Siew Chew: Setting Aside Deed of Consent in Family Arrangement Dispute

The Court of Appeal of Singapore heard an appeal by Kuek Siang Wei and Kuek Tsing Hsia against Kuek Siew Chew regarding the setting aside of a deed of consent. The deed was part of a family arrangement concerning the distribution of assets from the estate of the deceased, Mr. Kuek Ser Beng. The court dismissed the appeal, agreeing with the lower court that the deed should be set aside due to material facts not being disclosed to the respondent prior to its execution.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding setting aside a deed of consent. The court dismissed the appeal, citing material non-disclosure to the respondent.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Kuek Siang WeiAppellantIndividualAppeal DismissedLost
Kuek Tsing HsiaAppellantIndividualAppeal DismissedLost
Kuek Siew ChewRespondentIndividualAppeal DismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Sundaresh MenonChief JusticeYes
Andrew Phang Boon LeongJustice of the Court of AppealNo
Steven ChongJudgeNo

4. Counsels

Counsel NameOrganization
G RamanKhattarWong LLP
Tng Kim ChoonKC Tng Law Practice
Henry G S LimKC Tng Law Practice

4. Facts

  1. Mr. Kuek passed away without a will, leaving behind two families.
  2. A handwritten note was found outlining Mr. Kuek's wishes for asset distribution.
  3. A Letter of Consent was signed by family members to abide by the note.
  4. The second family later reneged on the Letter of Consent.
  5. A Deed of Consent was signed to authorize the Appellants to negotiate with the second family.
  6. The Respondent was not fully informed about the extent of Mr. Kuek's estate.
  7. A Deed of Family Arrangement was executed, leading to the lawsuit.

5. Formal Citations

  1. Kuek Siang Wei and another v Kuek Siew Chew, Civil Appeal No 167 of 2014, [2015] SGCA 39
  2. Kuek Siew Chew v Kuek Siang Wei and another, , [2015] 1 SLR 396

6. Timeline

DateEvent
Mr Kuek passed away without leaving a will
Members of the first family found the Note
All parties named in the Note signed the Letter of Consent
Hock Eng applied for the grant of letters of administration
The second family reneged on the Letter of Consent
Hock Eng and his wife sought assistance from M/s Sankar Ow & Partners LLP
Mr Chia met Hock Eng, Mdm Ho, Siew Eng and the Respondent at his office
Mr Chia sent a letter to Hock Eng alone
Mr Chia called a meeting with the members of the first and second families
Mr Singham wrote to Mr Chia asking for a list of all the assets in Mr Kuek’s estate
Mr Chia had a meeting with Hock Eng and Mdm Ho
Mr Chia provided Mr Singham with the information which he had requested
Mr Singham responded by conveying the second family’s proposal
Mr Chia called a meeting with all the members of the first family
Mr Chia conveyed a counterproposal to Mr Singham
The Deed of Family Arrangement was executed
The Appellants were appointed as joint administrators of Mr Kuek’s estate
Appellants were granted letters of administration
Mr Chia called a meeting at his office with the members of the first family
The Judge considered that deed to be a family arrangement and analysed its validity on that footing
Appeal dismissed

7. Legal Issues

  1. Validity of Deed of Consent
    • Outcome: The court held that the Deed of Consent was not a valid family arrangement due to non-disclosure of material facts.
    • Category: Substantive
    • Sub-Issues:
      • Non-disclosure of material facts
      • Undue influence
      • Lack of independent legal advice
    • Related Cases:
      • [1994] 2 SLR(R) 750
      • [1938] 1 All ER 536
      • (1863) 46 ER 285
  2. Authority of Administrators
    • Outcome: The court held that the Appellants' authority stemmed from the court order, not the Deed of Consent.
    • Category: Procedural
  3. Conflict of Interest
    • Outcome: The court noted that Mr. Chia's handling of the administration of Mr. Kuek's estate fell short of the standards expected of an advocate and solicitor.
    • Category: Substantive
    • Related Cases:
      • [2006] 4 SLR(R) 308

8. Remedies Sought

  1. Setting Aside Letter of Consent
  2. Setting Aside Deed of Consent
  3. Setting Aside Deed of Family Arrangement

9. Cause of Actions

  • Setting Aside Deed of Consent
  • Breach of Fiduciary Duty

10. Practice Areas

  • Civil Litigation
  • Estate Planning
  • Probate

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Pek Nam Kee and another v Peh Lam Kong and anotherHigh CourtYes[1994] 2 SLR(R) 750SingaporeCited for the definition of family arrangement and the court's role in considering the interest of the family.
Grenon v Grenon EstateBritish Columbia Supreme CourtNo[1980] BCJ No 42CanadaCited to illustrate the requirement of some form of benefit to the family for an agreement to be treated as a family arrangement.
Cashin v CashinPrivy CouncilYes[1938] 1 All ER 536United KingdomCited as an example of family arrangements to compromise doubtful or disputed rights to preserve peace and harmony.
Stapilton v Stapilton and othersCourt not specifiedYes[1558–1774] All ER Rep 352United KingdomCited as an example of agreements entered into to safeguard the honor of the family.
Williams v WillliamsCourt of Appeal in ChanceryYes(1866) LR 2 Ch App 294United KingdomCited as an example of agreements entered into between the surviving descendants of a deceased person to give effect to testamentary wishes.
Gordon v GordonCourt not specifiedYes(1821) 36 ER 910United KingdomCited for the principle that family arrangements will be upheld if entered into fairly, without concealment or imposition.
Greenwood v GreenwoodCourt not specifiedYes(1863) 46 ER 285United KingdomCited for the principle that family arrangements are liable to be set aside if one party has material information and does not communicate it to the others.
Sheares Betty Hang Kiu v Chow Kwok Chi and othersCourt not specifiedYes[2006] 2 SLR(R) 285SingaporeCited for the principle that family arrangements will not be interpreted with an excessive degree of formalism.
Stockley v StockleyCourt not specifiedYes(1812) 35 ER 9United KingdomCited as supporting the proposition that agreements entered into to safeguard the honor of the family are generally treated as family arrangements.
Mahidon Nichiar bte Mohd Ali and others v Dawood Sultan KamaldinCourt of AppealYes[2015] SGCA 36SingaporeCited for the key principles applicable to solicitors who act in a particular transaction for multiple clients with diverse and potentially conflicting interests.
Law Society of Singapore v Ahmad Khalis bin Abdul GhaniHigh CourtYes[2006] 4 SLR(R) 308SingaporeCited as an example of a situation where a solicitor owed duties to other beneficiaries on the basis that they were his clients.
Lie Hendri Rusli v Wong Tan & Molly Lim (a firm)High CourtYes[2004] 4 SLR(R) 594SingaporeCited for the tension between the conflicting requirements of confidentiality and disclosure which a solicitor owed concurrently to multiple clients might bar the solicitor from representing multiple parties for a particular transaction.
Kuek Siew Chew v Kuek Siang Wei and anotherHigh CourtYes[2014] SGHC 237SingaporeDecision from which this appeal arose.

13. Applicable Rules

Rule Name
Legal Profession (Professional Conduct) Rules (Cap 161, R 1, 2010 Rev Ed) r 28

14. Applicable Statutes

Statute NameJurisdiction
Wills Act (Cap 352, 1996 Rev Ed) s 6Singapore
Intestate Succession Act (Cap 146, 1985 Rev Ed) s 7Singapore
Trustees Act (Cap 337, 2005 Rev Ed) s 56(1)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Family Arrangement
  • Deed of Consent
  • Letter of Consent
  • Material Non-Disclosure
  • Intestate Succession Act
  • Residuary Estate
  • Administrators
  • Testamentary Wishes

15.2 Keywords

  • family arrangement
  • deed of consent
  • intestate succession
  • non-disclosure
  • Singapore
  • estate
  • will

17. Areas of Law

Area NameRelevance Score
Wills and Probate80
Succession Law70
Trust Law60
Deeds of Family Arrangement60
Contract Law50
Fiduciary Duty40
Family Law40
Professional Negligence30
Civil Procedure30
Corporate Law20

16. Subjects

  • Family Law
  • Trusts and Estates
  • Civil Procedure