WHR v WHT: Discovery of Documents and Interrogatories in Probate Action
In a probate action before the Family Justice Courts of Singapore, WHR and WHS, as executors of the estate of LLT, sought to prove LLT's will and codicil against WHT, WHU, WHV, WHW, WHX, WHY, WHZ, WIA, WIB, WIC, WID, WIF, WIH, and WIG. The first and second defendants applied for discovery of documents and interrogatories, which the court dismissed, finding the communications privileged and the request premature.
1. Case Overview
1.1 Court
Family Justice Courts of the Republic of Singapore1.2 Outcome
Summons dismissed.
1.3 Case Type
Probate
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Probate action where plaintiffs seek to prove a will and codicil. The court dismissed the defendants' application for discovery of documents and interrogatories.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| WHR | Plaintiff | Individual | Successful in opposing summons | Won | Tan Teng Muan, Loh Li Qin |
| WHS | Plaintiff | Individual | Successful in opposing summons | Won | Tan Teng Muan, Loh Li Qin |
| WHT | Defendant | Individual | Summons dismissed | Lost | William Ong, Tan Xeauwei, Wong Shu Yi Racheal, Goh Kok Yeow, Lim Huiling Naomi |
| WHU | Defendant | Individual | Summons dismissed | Lost | William Ong, Tan Xeauwei, Wong Shu Yi Racheal, Goh Kok Yeow, Lim Huiling Naomi |
| WHV | Defendant | Individual | Neutral | Neutral | Oei Ai Hoea Anna, Yap Yi Ping Deannie, Heng Chye Ming Friedrich |
| WHW | Defendant | Individual | Neutral | Neutral | Sarbjit Singh Chopra, Thomas Ang Ze Xi |
| WHX | Defendant | Individual | Neutral | Neutral | Sarbjit Singh Chopra, Thomas Ang Ze Xi |
| WHY | Defendant | Individual | Neutral | Neutral | Sarbjit Singh Chopra, Thomas Ang Ze Xi |
| WHZ | Defendant | Individual | Neutral | Neutral | Sarbjit Singh Chopra, Thomas Ang Ze Xi |
| WIA | Defendant | Individual | Neutral | Neutral | Sarbjit Singh Chopra, Thomas Ang Ze Xi |
| WIB | Defendant | Individual | Neutral | Neutral | Sarbjit Singh Chopra, Thomas Ang Ze Xi |
| WIC | Defendant | Individual | Neutral | Neutral | Sarbjit Singh Chopra, Thomas Ang Ze Xi |
| WID | Defendant | Individual | Neutral | Neutral | Sarbjit Singh Chopra, Thomas Ang Ze Xi |
| WIF | Defendant | Individual | Neutral | Neutral | Sarbjit Singh Chopra, Thomas Ang Ze Xi |
| WIH | Defendant | Individual | Neutral | Neutral | Sarbjit Singh Chopra, Thomas Ang Ze Xi |
| WIG | Defendant | Individual | Neutral | Neutral | Sarbjit Singh Chopra, Thomas Ang Ze Xi |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Teng Muan | Mallal & Namazie |
| Loh Li Qin | Mallal & Namazie |
| William Ong | De Souza Lim & Goh LLP |
| Tan Xeauwei | De Souza Lim & Goh LLP |
| Wong Shu Yi Racheal | De Souza Lim & Goh LLP |
| Goh Kok Yeow | De Souza Lim & Goh LLP |
| Lim Huiling Naomi | De Souza Lim & Goh LLP |
| Oei Ai Hoea Anna | Tan, Oei & Oei LLC |
| Yap Yi Ping Deannie | Tan, Oei & Oei LLC |
| Heng Chye Ming Friedrich | Tan, Oei & Oei LLC |
| Sarbjit Singh Chopra | Selvam LLC |
| Thomas Ang Ze Xi | Selvam LLC |
| Hee Theng Fong | Harry Elias Partnership LLP |
| Poon Pui Yee | Harry Elias Partnership LLP |
| Zhuang Changzhong | Harry Elias Partnership LLP |
| Molly Lim SC | Wong Tan & Molly Lim LLC |
| Cheng Lynn | Wong Tan & Molly Lim LLC |
| Gladys Yeo | Wong Tan & Molly Lim LLC |
4. Facts
- LLT was a businessman dealing with luxury watches.
- LLT died on 13 March 2009 at the age of 92 in Hong Kong.
- LLT made a will in 1999 and a codicil in 2008 with the assistance of his solicitor.
- The plaintiffs are the named executors under the will.
- The first and second defendants gave notice that they would be applying for grant of letters of administration in LLT’s estate.
- The plaintiffs commenced the action to prove the will and codicil.
- The first and second defendants sought discovery of documents and interrogatories against Evelyn Ho.
5. Formal Citations
- WHR and anothervWHT and others, Suit No 4 of 2019(Summons No 148 of 2020), [2020] SGHCF 14
6. Timeline
| Date | Event |
|---|---|
| LLT died | |
| LLT made a will | |
| LLT appended a codicil to the will | |
| No probate action was taken until 2015 | |
| LLT's safe was opened and the will and codicil were read | |
| First and second defendants applied in Summons 148 of 2020 | |
| Hearing date | |
| Hearing date | |
| Judgment reserved |
7. Legal Issues
- Discovery of Documents
- Outcome: The court held that the communications between LLT and Evelyn Ho were privileged under s 128(1) of the Evidence Act and that it was not necessary for the documents to be disclosed at this early stage of the proceedings.
- Category: Procedural
- Sub-Issues:
- Relevance of documents
- Privilege
- Necessity for fair disposal of matter
- Interrogatories
- Outcome: The court held that the communications between LLT and Evelyn Ho were privileged under s 128(1) of the Evidence Act and that it was not necessary for the information sought via interrogatories to be disclosed at this early stage of the proceedings.
- Category: Procedural
- Sub-Issues:
- Relevance of interrogatories
- Privilege
- Necessity for fair disposal of matter
8. Remedies Sought
- Proof of Will
- Proof of Codicil
9. Cause of Actions
- Probate Action
10. Practice Areas
- Probate Litigation
- Discovery
- Interrogatories
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Re Moss, Larke v Nugus | English Court of Appeal | Yes | [2000] WTLR 1033 | England and Wales | Cited regarding the proposition that beneficiaries may request information from solicitors who prepared a will before a probate claim is commenced, but the court found that the case does not support this proposition. |
| Geffen v Goodman Estate | Supreme Court of Canada | Yes | [1991] 2 SCR 353 | Canada | Cited regarding the admissibility of a solicitor's evidence on the circumstances surrounding the execution of a will in probate cases, but distinguished as it concerned a specific allegation of undue influence. |
13. Applicable Rules
| Rule Name |
|---|
| Rule 855(1) of the Family Justice Rules 2014 (S 813/2014) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Evidence Act (Cap 97, 1997 Rev Ed) s 128(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Will
- Codicil
- Probate
- Discovery
- Interrogatories
- Privilege
- Executors
- Beneficiaries
- Testator
15.2 Keywords
- Probate
- Will
- Codicil
- Discovery
- Interrogatories
- Singapore
- Family Justice Courts
16. Subjects
- Probate
- Civil Procedure
- Evidence
17. Areas of Law
- Civil Procedure
- Probate Law
- Evidence Law