WKQ v WKR: Resealing of Foreign Grant of Letters of Administration and Caveats

In the matter of an application by WKQ, the Family Division of the High Court of Singapore heard a case regarding the administration of the estate of a man who passed away intestate. WKQ obtained a grant of letters of administration from the Vanuatu court and applied to have it resealed in Singapore. The deceased's father, WKR, filed a caveat objecting to the resealing. The court dismissed WKR's application for a stay and ordered that the Vanuatu grant be resealed, finding that it did not appear the deceased was not domiciled in Vanuatu.

1. Case Overview

1.1 Court

Family Justice Courts of the republic of singapore

1.2 Outcome

Application for resealing of the Vanuatu grant granted; caveator's application for stay dismissed.

1.3 Case Type

Probate

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court considers resealing a Vanuatu grant of letters of administration. The court addresses domicile and the effect of resealing on caveats.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
WKRCaveatorIndividualApplication for stay dismissedLost
WKQApplicantIndividualApplication for resealing of the Vanuatu grant grantedWon

3. Judges

Judge NameTitleDelivered Judgment
Andre ManiamJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Mohamed Hashim bin Abdul RasheedA Mohamed Hashim
Sofia BakhashA Mohamed Hashim
Kulvinder KaurI.R.B Law LLP
Nur Halimatul Syafheqah Binte RosmanI.R.B Law LLP
Marina SaniI.R.B Law LLP
Sam Kit Yhing JessicaI.R.B Law LLP

4. Facts

  1. The applicant, WKQ, obtained a grant of letters of administration from the Vanuatu court.
  2. The deceased passed away intestate on 10 January 2021.
  3. The caveator, WKR, is the deceased’s father.
  4. The caveator filed a caveat objecting to the resealing of the Vanuatu grant.
  5. The caveator contended that the applicant was not the deceased’s wife.
  6. The applicant applied for the Vanuatu grant to be resealed by the Singapore court.
  7. The deceased was a Vanuatu citizen from 18 February 2019.

5. Formal Citations

  1. WKQ and another matter, Probate No 112 of 2022, [2023] SGHCF 12

6. Timeline

DateEvent
Man passed away intestate
Applicant obtained the Vanuatu grant
Applicant applied for the Vanuatu grant to be resealed by the Singapore court
Foreign grant filed in HCF/P 112/2022
Deceased’s father filed a caveat
Caveator made a stay application
Caveator filed Civil Case No. 832 of 2022 in Vanuatu to quash the Vanuatu grant
Civil Case No. 832 of 2022 was struck-out for non-compliance with the Vanuatu court’s orders
Court informed of the striking-out of the Vanuatu proceedings
Caveator’s counsel informed the court that there was an appeal in the Vanuatu proceedings
Caveator affirmed an affidavit
Caveator also filed an affidavit from a Vanuatu lawyer
Caveator filed an application in Vanuatu for leave to appeal out of time
Hearing of stay application
Applicant’s Vanuatu lawyer affirmed further affidavit
November hearing
Caveator discontinued application for leave to appeal
Intervention application accepted as HCF/SUM 366/2022
Case management conference
Judgment Date

7. Legal Issues

  1. Resealing of Foreign Grant of Letters of Administration
    • Outcome: The court ordered that the Vanuatu grant be resealed.
    • Category: Substantive
  2. Domicile
    • Outcome: The court found that it did not appear that the deceased was not domiciled in Vanuatu.
    • Category: Jurisdictional
  3. Effect of Reseal of Foreign Grant on Caveats
    • Outcome: The court stated that the caveat would have ceased to have effect as a necessary consequence of the order that the Vanuatu grant be resealed.
    • Category: Procedural

8. Remedies Sought

  1. Resealing of the Vanuatu grant
  2. Stay of the resealing application

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Probate
  • Estate Administration

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Mark v MarkUKHLYes[2005] UKHL 42United KingdomCited for the proposition that a person’s domicile of origin adheres to him until he actually settles with the requisite intention in some other country.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Probate and Administration Act 1934Singapore
Section 47 of the Probate and Administration Act 1934Singapore
Section 47(2) of the Probate and Administration Act 1934Singapore
Section 47(4) of the Probate and Administration Act 1934Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Resealing
  • Letters of administration
  • Caveat
  • Domicile
  • Vanuatu grant
  • Intestate

15.2 Keywords

  • Probate
  • Letters of Administration
  • Resealing
  • Caveat
  • Domicile
  • Vanuatu
  • Singapore
  • Estate
  • Grant

17. Areas of Law

Area NameRelevance Score
Resealing90
Wills and Probate75
Succession Law70
Estate Administration65
Jurisdiction50
Judgments and Orders30

16. Subjects

  • Probate
  • Administration of Estates
  • Conflict of Laws