WKK v WKL: Dispute Over Father's Will and Reinstatement of Discontinued Suit
In the Family Justice Courts of Singapore, Choo Han Teck J dismissed the plaintiff WKK's applications to reinstate Suit No 3 of 2021 against the defendant WKL, his brother, regarding a dispute over their father's will. The suit, seeking a declaration that the 2019 will was the lawful last will, had been discontinued due to the plaintiff's repeated non-compliance with court deadlines. The defendant filed a defence and counterclaim, to have the 2016 will declared the lawful will. The court found the plaintiff's explanations for non-compliance uncredible and dismissed the applications with costs.
1. Case Overview
1.1 Court
Family Justice Courts of the republic of singapore1.2 Outcome
Plaintiff's applications dismissed with costs.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The plaintiff's suit to declare the validity of a will was discontinued due to non-compliance. The court dismissed the plaintiff's application to reinstate the suit.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| WKK | Plaintiff, Defendant in Counterclaim | Individual | Applications dismissed with costs | Lost | Muhammed Riyach bin Hussain Omar |
| WKL | Defendant, Plaintiff in Counterclaim | Individual | Successful in opposing applications | Won | Lee Chung Yen Steven |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Muhammed Riyach bin Hussain Omar | H C Law Practice |
| Lee Chung Yen Steven | Hilborne Law LLC |
4. Facts
- Plaintiff and defendant are brothers who are quarreling over their father's will.
- Plaintiff commenced suit seeking a declaration that the 2019 will was the lawful last will of the father.
- Defendant filed a defence and counterclaim, seeking a declaration that the 2016 will was the lawful will.
- The suit was deemed discontinued due to the plaintiff's failure to set it down for trial as directed by an unless order.
- Plaintiff was late to the Probate Case Conference on 2 August 2022.
- Plaintiff was unable to exchange AEICs by 8 August 2022.
- Plaintiff's counsel submitted that the plaintiff's non-compliance had been due to his lack of funds.
5. Formal Citations
- WKKvWKL, Suit No 3 of 2021(Summonses Nos 287 & 344 of 2022), [2023] SGHCF 6
6. Timeline
| Date | Event |
|---|---|
| Will executed | |
| Will executed | |
| Suit commenced | |
| Probate Case Conference held; unless order made for exchange of AEICs | |
| Deadline for exchange of AEICs | |
| Probate Case Conference held; extension of time sought | |
| Extension granted to exchange AEICs | |
| Deadline to set down for trial | |
| Probate Case Conference held; unless order issued for setting down of suit for trial | |
| Deadline for setting down suit for trial | |
| Action discontinued | |
| Plaintiff filed affidavit | |
| Plaintiff applied to reinstate suit and set down for trial | |
| Judgment delivered | |
| Judgment date |
7. Legal Issues
- Extension of Time
- Outcome: The court dismissed the plaintiff's application for an extension of time to set down for trial.
- Category: Procedural
- Sub-Issues:
- Non-compliance with court deadlines
- Failure to comply with unless order
- Related Cases:
- [2023] SGHC 27
- Reinstatement of Discontinued Suit
- Outcome: The court dismissed the plaintiff's application to reinstate the suit.
- Category: Procedural
- Related Cases:
- [2023] SGHC 27
8. Remedies Sought
- Declaration that the 2019 will was the lawful last will
- Reinstatement of suit
- Extension of time to set down for trial
9. Cause of Actions
- Declaration of validity of will
10. Practice Areas
- Family Litigation
- Probate Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Jiangsu New Huaming International Trading Co Ltd v PT Musim Mas and another | High Court | Yes | [2023] SGHC 27 | Singapore | Distinguished from the present case; amendment of pleadings allowed in Jiangsu, whereas the present case involves the reinstatement of an entire suit. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Unless order
- Discontinuance
- Reinstatement
- Extension of time
- Probate
- Will
- AEICs
15.2 Keywords
- Will dispute
- Probate
- Family Justice Courts
- Singapore
- Civil Procedure
- Extension of time
- Reinstatement of suit
16. Subjects
- Civil Procedure
- Family Law
- Probate
- Wills and Estates
17. Areas of Law
- Civil Procedure
- Family Law
- Probate Law