Li Suk Fong Susana v Shanghai Commercial Bank Trustee: Trust Administration & Trustee's Costs
In Li Suk Fong Susana v Shanghai Commercial Bank Trustee Ltd, the Singapore High Court addressed a dispute arising from Originating Summons No 1186 of 2013, concerning the administration of the estate of the late Lorenz Hennryk Gustav. The plaintiff, Li Suk Fong Susana, sought the transfer of the Singapore estate as the sole remaining beneficiary. The dispute centered on the defendants' application to retain S$700,000 for trustee's costs, including taxes and expenses related to other jurisdictions. The court allowed the defendants to recover costs of the action from the trust fund, with the quantum of costs to be determined at a later date if parties are unable to agree.
1. Case Overview
1.1 Court
High Court1.2 Outcome
The court allowed the defendants to recover costs of the action from the trust fund, with the quantum of costs to be determined at a later date if parties are unable to agree.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The High Court addressed a dispute over trustee's costs in administering a will, concerning the retention of funds from the Singapore estate.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Li Suk Fong Susana | Plaintiff | Individual | Costs to be determined | Neutral | Jason Lim Chen Thor, Goh Kok Yeow, Lim Xinhua |
| Shanghai Commercial Bank Trustee Ltd | Defendant | Corporation | Costs allowed from trust fund | Won | Molly Lim, Yap Jie Han, Kam Kai Qi |
| Another | Defendant | Other | Costs allowed from trust fund | Won | Molly Lim, Yap Jie Han, Kam Kai Qi |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jason Lim Chen Thor | De Souza Lim & Goh LLP |
| Goh Kok Yeow | De Souza Lim & Goh LLP |
| Lim Xinhua | De Souza Lim & Goh LLP |
| Molly Lim | Wong Tan & Molly Lim LLC |
| Yap Jie Han | Wong Tan & Molly Lim LLC |
| Kam Kai Qi | Wong Tan & Molly Lim LLC |
4. Facts
- The deceased was a German national domiciled in Hong Kong.
- The deceased appointed the first defendant as trustee and executor of his will.
- The will bequeathed the Non-German Residuary estate to the plaintiff.
- The defendants applied to retain S$700,000 for trustee's costs.
- The plaintiff objected to the retention of funds.
- The defendants claimed expenses related to taxes and administration of estates in other jurisdictions.
5. Formal Citations
- Li Suk Fong Susana v Shanghai Commercial Bank Trustee Ltd and another, Originating Summons No 1186 of 2013 (Summons No 1578 of 2014), [2015] SGHC 152
6. Timeline
| Date | Event |
|---|---|
| Will dated | |
| Originating Summons No 1186 of 2013 filed | |
| Summons No 1578 of 2014 | |
| Judgment reserved |
7. Legal Issues
- Trustee's Costs
- Outcome: The court allowed the defendants to recover costs of the action from the trust fund.
- Category: Substantive
- Sub-Issues:
- Reasonableness of costs
- Benefit to the fund
8. Remedies Sought
- Transfer of Singapore estate
- Objection to trustee's costs
9. Cause of Actions
- Breach of Trust
10. Practice Areas
- Trust Administration
11. Industries
- Banking
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) O 59 r 6(2) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Trustee's costs
- Non-German Residuary estate
- Singapore estate
- Trust fund
15.2 Keywords
- Trustee
- Costs
- Estate
- Will
- Beneficiary
16. Subjects
- Trusts
- Estate Administration
- Civil Litigation
17. Areas of Law
- Trust Law
- Civil Procedure