Shiraz Abidally Husain and Another (executors of the estate of Abidally Abdul Husain, deceased) v Husain Safdar Abidally and Others

Shiraz Abidally Husain and Another (executors of the estate of Abidally Abdul Husain, deceased) v Husain Safdar Abidally and Others

The court exercised its discretion under s66(1) to allow a commission because the executors had administered the estate properly and their contested actions were justified and necessary; unsubstantiated complaints and the fact an originating summons was struck out did not preclude commission; professional fees alone...

Source-derived case information.

Citation
[2009] SGHC 130
Parties
Plaintiff Executor: Shiraz Abidally Husain; Plaintiff Executrix: Salma Moiz (Salma d/o Abidally Abdul Husain); Defendant Beneficiary (sibling): Husain Safdar Abidally; Defendant Beneficiary: Ashraf Safdar Husain; Defendant Beneficiary: Soraya Safdar Husain; Defendant Guardian: Husain Safdar Abidally (as Guardian of Farah Safdar Husain and Hanna Safdar Husain); Defendant Beneficiary (minor): Farah Safdar Husain; Defendant Beneficiary (minor): Hanna Safdar Husain; Defendant Beneficiary: Sakina Yusuf Kagda; Defendant Beneficiary: Fareed Husain Yusuf Kagda; Defendant Beneficiary: Falaq Yusuf Kagda
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
27 May 2009
Case Number
OS 1440/2008
Procedural Posture
Probate and Administration / Judgment on Application for Executor's Commission
Outcome
Plaintiffs' claim allowed
Legal Topics
Executor's Commission, Administration of Estate, Professional Assistance and Commission Reduction, Testamentary Trust Validity Under Muslim Law
Source Language
english
Probate and Administration Estate Law Trusts Muslim Law Executor's Commission Administration of Estate Professional Assistance and Commission Reduction Testamentary Trust Validity Under Muslim Law

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Parties

Shiraz Abidally Husain

Plaintiff Executor

Salma Moiz (Salma d/o Abidally Abdul Husain)

Plaintiff Executrix

Husain Safdar Abidally

Defendant Beneficiary (sibling)

Ashraf Safdar Husain

Defendant Beneficiary

Soraya Safdar Husain

Defendant Beneficiary

Husain Safdar Abidally (as Guardian of Farah Safdar Husain and Hanna Safdar Husain)

Defendant Guardian

Farah Safdar Husain

Defendant Beneficiary (minor)

Hanna Safdar Husain

Defendant Beneficiary (minor)

Sakina Yusuf Kagda

Defendant Beneficiary

Fareed Husain Yusuf Kagda

Defendant Beneficiary

Falaq Yusuf Kagda

Defendant Beneficiary

Procedural Posture

Probate and Administration / Judgment on Application for Executor's Commission

Legal Issues

  1. 1 Whether executors are entitled to a commission under s66(1) P&A Act
  2. 2 Whether plaintiffs' conduct in administering the estate disentitles or reduces commission
  3. 3 Whether professional/legal costs incurred by the estate should reduce executor's commission

Ratio Decidendi

The court exercised its discretion under s66(1) to allow a commission because the executors had administered the estate properly and their contested actions were justified and necessary; unsubstantiated complaints and the fact an originating summons was struck out did not preclude commission; professional fees alone did not negate a commission where work was performed by the executors. On that basis the court awarded $60,000.

Court Disposition

Plaintiffs' claim allowed

Orders

  • Plaintiffs awarded commission of $60,000 from the estate