Yong Kin Sen v Loke Jian Xun: Probate, Executor's Duty & Competing Claims to Estate Assets
Yong Kin Sen, administrator of the estate of Loke Siew Kee, deceased, applied for permission to appeal against a High Court decision regarding a dispute with Gabriel Prieztiano Loke Jian Xun over shares in Kian Hoe Loke Kee Pte Ltd. The dispute concerned the beneficial ownership of shares transferred to the deceased, Loke Soon Han, by his brothers Loke Soon Seet and Loh Soon Yam. The Appellate Division of the High Court dismissed the application, holding that the executor should have sought directions from the court instead of resisting the beneficiary's claim.
1. Case Overview
1.1 Court
Appellate Division of the High Court1.2 Outcome
Application for permission to appeal dismissed.
1.3 Case Type
Probate
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Executor Yong Kin Sen appeals against a decision regarding Loke Siew Kee's estate. The court dismisses the appeal, emphasizing the executor's duty to seek court directions.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Yong Kin Sen | Applicant, Appellant, Defendant | Individual | Application for permission to appeal dismissed | Lost | |
| Gabriel Prieztiano Loke Jian Xun | Respondent | Individual | Successful Resistance of Appeal | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge of the Appellate Division | Yes |
| Kannan Ramesh | Judge of the Appellate Division | No |
4. Counsels
4. Facts
- Eight brothers held shares in Kian Hoe Loke Kee Pte Ltd.
- Gabriel Prieztiano Loke Jian Xun is the son of Loke Soon Han.
- Plaintiff claimed LSS agreed to transfer shares to LSH at 10 cents per share.
- Plaintiff claimed LSY agreed to transfer shares to LSH at 10 cents per share.
- LSH passed away on 21 November 2010.
- LSK was the executor of LSH’s estate.
- LSK sold all the shares in the Company which LSH held for $398,715.22.
- LSK paid $189,357.61 to the Plaintiff but retained the balance of $209,357.61.
- LSK declined to pay the Balance to the Plaintiff on the basis that the shares still belonged beneficially to LSS and LSH.
- LSS was adjudged a bankrupt on 24 March 2003 and discharged on 20 March 2019.
5. Formal Citations
- Yong Kin Sen (administrator of the estate of Loke Siew Kee, deceased)vLoke Jian Xun Gabriel Prieztiano, Originating Application No 57 of 2023, [2024] SGHC(A) 4
6. Timeline
| Date | Event |
|---|---|
| Loke Soon Seet allegedly agreed to transfer shares to Loke Soon Han. | |
| Loh Soon Yam allegedly agreed to transfer shares to Loke Soon Han. | |
| Loke Soon Seet was adjudged a bankrupt. | |
| Loke Soon Han made a Will. | |
| Loke Soon Han made a second Will. | |
| Loke Soon Han passed away. | |
| Shares transferred to Loke Soon Han. | |
| Loke Siew Kee granted probate of Loke Soon Han’s estate. | |
| Loke Soon Seet was discharged from bankruptcy. | |
| District Judge granted judgment to the Plaintiff. | |
| Defendant filed an appeal. | |
| Judge dismissed the appeal. | |
| Hearing date. | |
| Judgment date. |
7. Legal Issues
- Executor's Duty
- Outcome: The executor should have sought directions from the court instead of resisting the beneficiary's claim.
- Category: Substantive
- Sub-Issues:
- Duty to seek court directions
- Acting contrary to the Will
- Beneficial Ownership of Shares
- Outcome: The court did not make a determination on the beneficial ownership of the shares.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
- Transfer of Shares
9. Cause of Actions
- Breach of Trust
- Claim for assets of the Estate
10. Practice Areas
- Estate Planning
- Probate Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ting Siew May v Boon Lay Choo and another | Court of Appeal | Yes | [2014] 3 SLR 609 | Singapore | Cited regarding the principle of whether a party can resile from an illegal agreement. |
| Ochroid Trading Ltd and another v Chua Siok Lui (trading as VIE Import & Export) and another | N/A | Yes | [2018] 1 SLR 363 | Singapore | Cited in relation to the principles in Ting Siew May v Boon Lay Choo. |
| Lau Sheng Jan Alistair v Lau Cheok Joo Richard and another | High Court | Yes | [2023] SGHC 196 | Singapore | Cited in relation to the principles in Ting Siew May v Boon Lay Choo. |
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
- Executor
- Probate
- Beneficial Ownership
- Shares
- Estate
- Will
- Official Assignee
- Bankruptcy
15.2 Keywords
- Probate
- Executor
- Estate
- Shares
- Beneficial Ownership
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Estate Administration | 75 |
| Executors | 60 |
| Wills | 50 |
| Bankruptcy | 40 |
| Trust Law | 30 |
| Company Law | 25 |
16. Subjects
- Probate
- Trusts
- Estate Administration