Soh Eng Beng (as executor and trustee of the Estate of Soh Kim Poo, deceased) v Soh Eng Koon

Soh Eng Beng (as executor and trustee of the Estate of Soh Kim Poo, deceased) v Soh Eng Koon

Clause 5 misdescribed the testator's interest in the Property; the phrase "my half (1/2) share" is a misdescription (falsa demonstratio) rather than a limiting word of restriction, and the testator's entire interest in the Property was intended to be bequeathed to the three named beneficiaries; clause 5 is to be rectified by deleting the word "half" and correcting the misspelt beneficiary name.

Citation
[2010] SGHC 257
Parties
Applicant / Executor and Trustee: Soh Eng Beng (as executor and trustee of the Estate of Soh Kim Poo, deceased); Respondent / Beneficiary: Soh Eng Koon
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
26 August 2010
Case Number
Originating Summons No 48 of 2010
Procedural Posture
Originating Summons (will Construction) / Decision (judgment Delivered 26 August 2010)
Outcome
Will construed in favour of the Respondent; clause 5 rectified to give effect to the testator's entire share in the Property to the three named beneficiaries; costs awarded to Respondent
Legal Topics
Will Construction, Rectification of Wills, Falsa Demonstratio Non Nocet, Professional Duties of Solicitors in Will Drafting, Costs
Source Language
English
Wills and Probate Trusts Civil Procedure Will Construction Rectification of Wills Falsa Demonstratio Non Nocet Professional Duties of Solicitors in Will Drafting Costs

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Parties

Soh Eng Beng (as executor and trustee of the Estate of Soh Kim Poo, deceased)

Applicant / Executor and Trustee

Soh Eng Koon

Respondent / Beneficiary

Procedural Posture

Originating Summons (will Construction) / Decision (judgment Delivered 26 August 2010)

Legal Issues

  1. 1 Whether clause 5 of the will bequeathed half of the testator's interest in the property or his entire interest
  2. 2 Whether the phrase "my half (1/2) share of the property" is a misdescription (falsa demonstratio) or a limiting word of restriction
  3. 3 Whether rectification of clause 5 is required

Ratio Decidendi

Clause 5 misdescribed the testator's interest in the Property; the phrase "my half (1/2) share" is a misdescription (falsa demonstratio) rather than a limiting word of restriction, and the testator's entire interest in the Property was intended to be bequeathed to the three named beneficiaries; clause 5 is to be rectified by deleting the word "half" and correcting the misspelt beneficiary name.

Court Disposition

Will construed in favour of the Respondent; clause 5 rectified to give effect to the testator's entire share in the Property to the three named beneficiaries; costs awarded to Respondent

Orders

  • Clause 5 rectified by deleting the word "half" so it reads: "I devise and bequeath my share of the property known as 31C Lorong 34 Geylang, Singapore to my following children: (a) SOH ENG GUAN – 35% (b) SOH ENG KOON – 35% (c) SOH LAI YIM – 30%","Rectify the misspelling of the third beneficiary's name in clause 5 to...
  • The estate to pay the Respondent's costs of OS 48/2010 and Summons No 1566 of 2010 to be taxed if not agreed