XBW v XBX: Probate Dispute over Lost Will and Interim Administration of Estate

In the Family Justice Courts of Singapore, Choo Han Teck J addressed a dispute in Originating Summons (Probate) No 11 of 2023 between XBW, the plaintiff, and XBX and XBY, the defendants, concerning the estate of the deceased. The plaintiff sought an interim order for the grant of Letters of Administration over the movable properties of the deceased, while the defendants contested the application, claiming to be the executrices of a lost will. The court granted the order in terms of OSP 11, appointing an independent interim administrator to manage the movable assets of the estate, with costs to be borne by the estate.

1. Case Overview

1.1 Court

Family Justice Courts of the Republic of Singapore

1.2 Outcome

Order granted in terms of Originating Summons (Probate) No 11 of 2023 with costs to be borne by the estate.

1.3 Case Type

Probate

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Probate dispute involving a lost will. The court appointed an interim administrator for the movable assets of the deceased's estate.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
XBWPlaintiffIndividualOrder granted in terms of Originating Summons (Probate) No 11 of 2023Won
XBXDefendantIndividualOrder granted in terms of Originating Summons (Probate) No 11 of 2023Lost
XBYDefendantIndividualOrder granted in terms of Originating Summons (Probate) No 11 of 2023Lost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Lee Ee YangCovenant Chambers LLC
Gregory VijayendranRajah & Tann Singapore LLP
Tomoyuki BanRajah & Tann Singapore LLP
Sara Ng Qian HuiCovenant Chambers LLC
Darryl LauCovenant Chambers LLC
Aw Wen NiWongPartnership LLP
Darius TanWongPartnership LLP
Vincent Ho Wei JieWongPartnership LLP

4. Facts

  1. The Deceased died on 5 May 2023 at the age of 76.
  2. The plaintiff applied for the grant of Letters of Administration in the estate of the Deceased.
  3. The first defendant lodged a caveat against the plaintiff’s application.
  4. The defendants claim to be the executrices in the will executed by the Deceased in 2004, but they have not been able to find the original will.
  5. The plaintiff applies for an interim order for the grant of Letters of Administration to the plaintiff over the movable properties of the Deceased.
  6. The parties reached an agreement on 8 February 2024 to appoint an independent interim administrator pending the trial of HCF/S 9/2023.
  7. The defendants resisted the terms of the appointment of the independent interim administrator.

5. Formal Citations

  1. XBWvXBX and another, , [2024] SGHCF 30

6. Timeline

DateEvent
SAB, the deceased's husband, died at the age of 76.
The Deceased died at the age of 76.
Defendants filed a probate action in HCF/S 9/2023 to propound the lost will.
Parties reached an agreement to appoint an independent interim administrator.
Plaintiff sent a copy of a Deed of Settlement and Draft Consent Order to the defendants.
Judgment reserved.
Judgment issued.

7. Legal Issues

  1. Interim Administration of Estate
    • Outcome: The court appointed an independent interim administrator to maintain the status quo and ensure the movables of the estate are not moved.
    • Category: Substantive

8. Remedies Sought

  1. Grant of Letters of Administration

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Probate Law
  • Estate Administration

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Probate and Administration Act 1934Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Probate
  • Letters of Administration
  • Interim Administrator
  • Movable Properties
  • Lost Will
  • Caveat

15.2 Keywords

  • probate
  • administration
  • estate
  • will
  • interim administrator

17. Areas of Law

Area NameRelevance Score
Estate Administration95
Wills and Probate90
Interim Administration70
Evidence Law30

16. Subjects

  • Probate
  • Estate Administration