Kuntjoro Wibawa v Harianty Wibawa: Breach of Trust, Offshore Trusts, and Inheritance Dispute

1. Case Overview

2. Parties and Outcomes

3. Judges

4. Counsels

4. Facts

1. The plaintiff, Kuntjoro Wibawa, sued his mother, Harianty Wibawa, and siblings over an inheritance dispute.
2. The dispute centers on an offshore trust, the Pride Wise Trust, set up by the mother with the assistance of BNP Paribas Wealth Management.
3. The Pride Wise Trust holds the sole issued share in Bright Noble Prime Ltd, an offshore holding company.
4. The plaintiff claims he did not receive his inheritance under his late father's Last Will and Testament dated 13 February 1996.
5. The plaintiff alleges the mother failed to apply for grant of probate and withheld his inheritance.
6. The mother transferred assets held in jointly-held bank accounts to set up the Pride Wise Trust.
7. The plaintiff claims the assets settled into the Pride Wise Trust were not owned by the mother.
8. The mother argues the assets in the jointly-held accounts belonged to her, not the deceased.
9. Alternatively, the mother argues the children gifted their inheritance to her to set up the Pride Wise Trust.
10. The mother contends the offshore trust was a strategy to protect the family wealth, to which the plaintiff agreed.
11. The plaintiff was appointed the first protector of the Pride Wise Trust.
12. The plaintiff made investment decisions on behalf of the Pride Wise Trust.
13. The relationship between the plaintiff and his mother deteriorated in late 2005.
14. The plaintiff commenced the suit on 21 September 2011.

5. Formal Citations

1. Kuntjoro Wibawa v Harianty Wibawa, Suit No 650 of 2011, [2016] SGHC 109

6. Timeline

7. Legal Issues

1. Breach of Trust
   • Outcome: The court found that the plaintiff had not proven his case against the defendant for breach of duty as executrix of the 1996 Will or as constructive trustee of the estate assets transferred to Bright Noble Prime Ltd and settled in the Pride Wise Trust.
   • Category: Substantive
   • Sub-Issues:
     • Knowing assistance
     • Wrongful transfers of assets
     • Wrongful withdrawals of sums of money
2. Estoppel by Convention
   • Outcome: The court found that estoppel by convention would apply to stop the plaintiff from going back on the assumption that the Pride Wise Trust was to be set up and the assets settled therein to protect the family wealth, and that distribution of the family wealth would be from the trustee under the terms of the Pride Wise Trust and not from the defendant as executrix under the 1996 Will.
   • Category: Substantive
3. Concurrence
   • Outcome: The court found that the plaintiff had concurred in the alleged breach of trust by the defendant, and therefore, he is estopped from claiming against the defendant for settling the estate assets in the Pride Wise Trust.
   • Category: Substantive
4. Acquiescence
   • Outcome: The court found that the plaintiff had acquiesced in the defendant's handling of the estate assets, and therefore, he cannot now claim against the defendant for any alleged breach of trust over the estate assets.
   • Category: Substantive

8. Remedies Sought

1. Damages for Breach of Trust
2. Declaratory Orders
3. Order for Distribution of Assets
4. Return of Investment
5. Account and Inquiry

9. Cause of Actions

• Breach of Trust
• Failure to Apply for Grant of Probate
• Withholding Inheritance

10. Practice Areas

• Trusts
• Breach of Trust
• Wealth Protection

11. Industries

• Finance
• Wealth Management

12. Cited Cases

13. Applicable Rules

14. Applicable Statutes

15. Key Terms and Keywords

17. Areas of Law

16. Subjects

• Trusts
• Breach of Trusts
• Offshore Trusts
• Wealth Protection
• Probate and Administration
• Executors
• Inheritance Dispute