Tan Zhi Wei Alan v Tan Jia Lin Jaylin: Jurisdiction for Removal of Joint Administrator in Estate Matters
In Tan Zhi Wei Alan v Tan Jia Lin Jaylin, the High Court of Singapore addressed whether the General Division or the Family Court has jurisdiction over an application to remove a joint administrator of an estate. The applicant, Tan Zhi Wei Alan, sought to remove the respondent, Tan Jia Lin Jaylin, as joint administrator. Chua Lee Ming J held that the Family Court, not the General Division, has jurisdiction over such applications, dismissing the application.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Application dismissed.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court of Singapore held that the Family Court, not the General Division, has jurisdiction over applications to remove a joint administrator.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Tan Zhi Wei, Alan (Chen Zhiwei, Alan) | Applicant | Individual | Application dismissed | Lost | |
| Tan Jia Lin, Jaylin | Respondent | Individual | Application dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chua Lee Ming | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Han Kee Fong | Tan Rajah & Cheah |
| Donny Tan | Tan Rajah & Cheah |
| Oei Ai Hoea Anna | Tan Oei & Oei LLC |
4. Facts
- Mr. Tan Sue Hua died intestate on 7 May 2018.
- The deceased was survived by his widow, son (the applicant), and daughter (the respondent).
- The applicant and respondent were jointly granted letters of administration on 27 June 2022 by the Family Courts.
- Disputes arose between the applicant and the respondent over the administration of the estate.
- The applicant filed an application to remove the respondent as joint administrator.
5. Formal Citations
- Tan Zhi Wei Alan v Tan Jia Lin Jaylin, Originating Application No 511 of 2023, [2023] SGHC 271
6. Timeline
| Date | Event |
|---|---|
| Mr Tan Sue Hua died intestate | |
| Letters of administration granted to applicant and respondent by the Family Courts | |
| Applicant filed application to remove respondent as joint administrator | |
| Judgment delivered | |
| Judgment date |
7. Legal Issues
- Jurisdiction
- Outcome: The court held that the Family Court, not the General Division, has jurisdiction over applications to remove a joint administrator.
- Category: Jurisdictional
8. Remedies Sought
- Removal of respondent as joint administrator
- Administration of the estate by the court
- Order for respondent to cooperate with applicant in administering the estate
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Family Law
- Civil Procedure
11. Industries
- No industries specified
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 |
|---|---|
| Family Justice Act 2014 | Singapore |
| Supreme Court of Judicature Act 1969 | Singapore |
| Probate and Administration Act 1934 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Joint administrator
- Letters of administration
- Jurisdiction
- Family Court
- General Division
- Estate
15.2 Keywords
- Family Law
- Jurisdiction
- Probate
- Administration
- Singapore
- High Court
- Family Court
- Administrator
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 90 |
| Estate Administration | 85 |
| Intestacy | 75 |
| Wills and Probate | 70 |
| Jurisdiction | 60 |
| Civil Procedure | 50 |
16. Subjects
- Family Law
- Civil Procedure
- Jurisdiction