Ong Wui Teck v Ong Wui Swoon: Estate Dispute over Validity of Claims
In Ong Wui Teck v Ong Wui Swoon, the Singapore Court of Appeal addressed disputes among the Ong siblings regarding their deceased mother, Madam Chew Chen Chin's estate. Ong Wui Teck, the appellant and executor, appealed against the High Court's decision to allow counterclaims by Ong Wui Swoon and Ong Wui Jin for $20,000 each and medical expenses. The court reversed the decision on the $20,000 claims and medical expenses, deeming them unenforceable gifts, but dismissed the appeal regarding administration costs. The court found that the claims were not legally binding debts and that the appellant's claims for further executor's commission were statutorily barred.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal allowed in part and dismissed in part.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore Court of Appeal judgment regarding claims against the estate of Chew Chen Chin, focusing on the validity of $20,000 claims and medical expense reimbursements.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ong Wui Teck | Appellant | Individual | Appeal allowed in part | Partial | Ong Wui Teck of Independent Practitioner |
| Ong Wui Jin | Respondent | Individual | Counterclaim dismissed | Lost | Ong Wui Jin of Independent Practitioner |
| Ong Wui Swoon | Respondent | Individual | Counterclaim dismissed | Lost | Ong Wui Swoon of Independent Practitioner |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Judge of Appeal | Yes |
| Steven Chong | Judge of Appeal | No |
| Quentin Loh | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ong Wui Teck | Independent Practitioner |
| Ong Wui Jin | Independent Practitioner |
| Ong Wui Swoon | Independent Practitioner |
4. Facts
- The appellant is the executor and trustee of the deceased's will.
- The respondents are children of the deceased and beneficiaries under the will.
- The respondents made counterclaims against the estate for $20,000 each and medical expenses.
- The appellant made a claim against the estate for accounting and legal costs.
- The judge allowed the respondents' counterclaims but dismissed the appellant's claim.
- The appellant appealed against the judge's decision.
- The will bequeathed $50,000 to the appellant and divided the remaining net proceeds equally among the five children.
5. Formal Citations
- Ong Wui Teck (personal representative of the estate of Chew Chen Chin, deceased) v Ong Wui Swoon and another and another appeal, , [2019] SGCA 61
- Ong Wui Teck (As personal representative of the estate of Chew Chen Chin) v (1)Ong Wui Swoon (2)Ong Wui Jin, Civil Appeal No 178 of 2017, Civil Appeal No 178 of 2017
- Ong Wui Teck (As personal representative of the estate of Chew Chen Chin) v (1)Ong Wui Swoon (2)Ong Wui Jin, Civil Appeal No 31 of 2019, Civil Appeal No 31 of 2019
- Ong Wui Teck (As personal representative of the estate of Chew Chen Chin) v (1)Ong Wui Jin (2)Ong Wui Leng (3)Ong Wui Yong (4)Ong Wui Swoon, Originating Summons No 763 of 2014, Originating Summons No 763 of 2014
- Ong Wui Teck v Ong Wui Jin and others, District Court Suit No 2260 of 2005, District Court Suit No 2260 of 2005
- Ong Wui Teck, Originating Summons No 365 of 2014, Originating Summons No 365 of 2014
6. Timeline
| Date | Event |
|---|---|
| Will executed by Chew Chen Chin | |
| Chew Chen Chin passed away | |
| District Court Suit No 2260 of 2005 commenced | |
| Originating Summons No 365 of 2014 filed | |
| Originating Summons No 763 of 2014 filed | |
| OS 763 heard for the first time | |
| Judge allowed the Respondents to raise any claims they had against the Estate as counterclaims in OS 763 | |
| First Respondent filed an affidavit stating that she wished to make a claim against the Estate | |
| Second Respondent filed an affidavit stating that he too wished to make a claim for the $20,000 that was also promised to him by the Deceased | |
| Judge allowed the $20,000 Claims | |
| Judge allowed the Medical Expenses Claim in the amount of $13,597.10 | |
| Appellant filed further submissions claiming various administration costs from the Estate | |
| Appellant filed a Notice of Appeal for CA 178 | |
| Judge dismissed the Accounting Costs Claim and the Litigation Costs Claim | |
| Appellant filed a Notice of Appeal for CA 31 | |
| Hearing date | |
| Judgment reserved |
7. Legal Issues
- Enforceability of promised gifts
- Outcome: The court held that the promised gifts were unenforceable due to a lack of intention to create legal relations.
- Category: Substantive
- Sub-Issues:
- Intention to create legal relations
- Gratuitous payments
- Related Cases:
- [2009] 2 SLR(R) 332
- [1919] 2 KB 571
- Reimbursement of medical expenses
- Outcome: The court held that there was insufficient evidence to prove a binding agreement for reimbursement of medical expenses.
- Category: Substantive
- Sub-Issues:
- Presumption of gratuitous payment
- Lack of agreement for reimbursement
- Executor's commission and remuneration
- Outcome: The court held that the appellant had already received the maximum allowable executor's commission and was not entitled to further remuneration.
- Category: Procedural
- Sub-Issues:
- Statutory limit on commission
- Distinction between executor and trustee
8. Remedies Sought
- Enforcement of promised gifts
- Reimbursement of medical expenses
- Payment of executor's commission
9. Cause of Actions
- Claim for promised gifts
- Claim for reimbursement of medical expenses
- Claim for executor's commission
10. Practice Areas
- Estate Administration
- Trusts
- Civil Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ong Wui Teck v Ong Wui Jin and others | District Court | Yes | [2008] SGDC 103 | Singapore | Cited for the validity of the will executed by the Deceased and granted probate of the same to the Appellant. |
| Ong Wui Jin and others v Ong Wui Teck | High Court | Yes | [2009] SGHC 50 | Singapore | Cited for upholding the District Judge's decision that the Will was validly executed by the Deceased and granted probate of the same to the Appellant. |
| Gay Choon Ing v Loh Sze Ti Terence Peter and another appeal | Court of Appeal | Yes | [2009] 2 SLR(R) 332 | Singapore | Cited for the principle that for a binding and enforceable agreement to arise, there must be an intention to create legal relations on the part of the parties concerned. |
| Balfour v Balfour | Court of Appeal | Yes | [1919] 2 KB 571 | England and Wales | Cited for the presumption that in the domestic context there is generally no intention to create legal relations. |
| Hongkong & Shanghai Banking Corp Ltd v Jurong Engineering Ltd | High Court | Yes | [2000] 1 SLR(R) 204 | Singapore | Cited for the principle that the operation of the presumption does not detract the court from its fundamental task, which is to ascertain the true bargain between the parties. |
| In re Gonin, decd | High Court | Yes | [1977] 3 WLR 379 | England and Wales | Cited for the principle that all claims against the estate of a deceased person which had not been put forward whilst they were still living fall to be scrutinised with considerable care. |
| Cooperatieve Centrale Raiffeisen-Boerenleenbank BA (trading as Rabobank International), Singapore Branch v Motorola Electronics Pte Ltd | Court of Appeal | Yes | [2011] 2 SLR 63 | Singapore | Cited for the principle that a contract may in certain cases be implied from a course of conduct or dealings between the parties, such a contract must satisfy all the elements necessary for the formation of a contract. |
| Re Barber | Chancery Division | Yes | (1886) 34 Ch D 77 | England and Wales | Cited as authority for the proposition that while an executor is allowed to claim out-of-pocket expenses, he is not entitled to remuneration for personal trouble and loss of time in the execution of his duties. |
| Forster v Williams Deacon’s Bank Ltd | Chancery Division | Yes | [1935] Ch 359 | England and Wales | Cited as authority for the proposition that while an executor is allowed to claim out-of-pocket expenses, he is not entitled to remuneration for personal trouble and loss of time in the execution of his duties. |
| Re Worthington | Not specified | Yes | [1954] 1 WLR 526 | Not specified | Cited for holding that even a professional lawyer acting as a personal representative cannot claim his legal fees as remuneration from the estate. |
| Re Maguire (deceased) | High Court | Yes | [2010] 2 NZLR 845 | New Zealand | Cited for the principle that a beneficiary of an unadministered estate does not have a proprietary interest in the estate’s assets until the debts are paid, and it is not possible to identify the assets to which the beneficiary is entitled. |
| Lord Sudeley v Attorney-General | House of Lords | Yes | [1897] AC 11 | United Kingdom | Cited for the principle that a beneficiary of an unadministered estate does not have a proprietary interest in the estate’s assets until the debts are paid, and it is not possible to identify the assets to which the beneficiary is entitled. |
| Dr Barnardo’s Homes v Commissioners for Special Purposes of the Income Tax Acts | House of Lords | Yes | [[1921] 2 AC 1] | United Kingdom | Cited for the nature of an executor’s duty to residuary beneficiaries. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) |
| O 59 r 18A of the Rules of Court (Cap 322, R 5, 2014 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Probate and Administration Act (Cap 251, 2000 Rev Ed) | Singapore |
| Section 66 of the Probate and Administration Act (Cap 251, 2000 Rev Ed) | Singapore |
| Trustees Act (Cap 337, 2005 Rev Ed) | Singapore |
| ss 41B, 41C and 41T of the Trustees Act (Cap 337, 2005 Rev Ed) | Singapore |
| Section 43 of the Trustees Act | Singapore |
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
| Section 34(2)(a) of the Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Estate
- Will
- Executor
- Trustee
- Beneficiary
- Counterclaim
- Executor's commission
- Administration costs
- Intention to create legal relations
- Gratuitous payment
15.2 Keywords
- Estate
- Will
- Executor
- Trustee
- Beneficiary
- Gift
- Medical Expenses
- Commission
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Estate Administration | 90 |
| Administration of Assets | 80 |
| Trust Law | 70 |
| Wills and Probate | 60 |
| Contract Law | 50 |
16. Subjects
- Trusts
- Estates
- Probate
- Civil Procedure