FOO JEE BOO & Anor v FOO JHEE TUANG & Anor

FOO JEE BOO & Anor v FOO JHEE TUANG & Anor

The court held that the 1st Defendant breached his fiduciary duties in failing to provide the required account of rental income and in failing to forward estate statements before distribution, but that the claims he took into account were reasonable and his non-inclusion of Plaintiffs' belated claims was not a breach that caused loss; the 2nd Defendant was appointed to act for the trustee to effect the sale only, owed no express or implied retainer or fiduciary duty to the Plaintiffs and was not liable in tort or for dishonest assistance; Plaintiffs lacked standing in their personal capacities to pursue claims relating to the Late Mother's estate; costs were ordered with indemnity costs...

Citation
[2016] SGHC 260
Parties
1st Plaintiff (beneficiary): Foo Jee Boo; 2nd Plaintiff (beneficiary): Foo Li Li; 1st Defendant (sole Surviving Executor and Trustee): Foo Jhee Tuang; 2nd Defendant (law Firm Engaged to Effect Sale): TJH Law Corporation; 3rd Defendant (beneficiary): Foo Jee Seng
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
28 November 2016
Case Number
S 764/2013
Procedural Posture
Civil Suit (probate and Administration) / Judgment After Trial
Outcome
Judgment largely for the defendants: Plaintiffs' claims against 2nd Defendant dismissed; limited finding against 1st Defendant for failures to account; other claims against 1st Defendant dismissed or without relief; cost orders made
Legal Topics
Duties of Executor, Accounting by Executor, Fiduciary Duty of Executor and Solicitor, Express and Implied Retainer, Dishonest Assistance/accessorial Liability, Standing/locus Standi for Representative Claims, Indemnity Costs, Distribution of Estate Proceeds
Source Language
English
Probate and Administration Equity and Trusts Legal Profession/retainer Law Civil Procedure Costs Duties of Executor Accounting by Executor Fiduciary Duty of Executor and Solicitor Express and Implied Retainer +4 more

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Parties

Foo Jee Boo

1st Plaintiff (beneficiary)

Foo Li Li

2nd Plaintiff (beneficiary)

Foo Jhee Tuang

1st Defendant (sole Surviving Executor and Trustee)

TJH Law Corporation

2nd Defendant (law Firm Engaged to Effect Sale)

Foo Jee Seng

3rd Defendant (beneficiary)

Procedural Posture

Civil Suit (probate and Administration) / Judgment After Trial

Legal Issues

  1. 1 Whether the 1st Defendant breached his duties as executor by failing to render accounts (including rent) and by distributing proceeds without forwarding statements to beneficiaries
  2. 2 Whether the 2nd Defendant owed duties to the Plaintiffs (express or implied retainer, fiduciary duties or duty of care in tort) and whether it assisted dishonestly
  3. 3 Whether the Plaintiffs had standing to pursue claims relating to the Late Mother’s estate in their personal capacities

Ratio Decidendi

The court held that the 1st Defendant breached his fiduciary duties in failing to provide the required account of rental income and in failing to forward estate statements before distribution, but that the claims he took into account were reasonable and his non-inclusion of Plaintiffs' belated claims was not a breach that caused loss; the 2nd Defendant was appointed to act for the trustee to effect the sale only, owed no express or implied retainer or fiduciary duty to the Plaintiffs and was not liable in tort or for dishonest assistance; Plaintiffs lacked standing in their personal capacities to pursue claims relating to the Late Mother's estate; costs were ordered with indemnity costs...

Court Disposition

Judgment largely for the defendants: Plaintiffs' claims against 2nd Defendant dismissed; limited finding against 1st Defendant for failures to account; other claims against 1st Defendant dismissed or without relief; cost orders made

Orders

  • 1st Defendant to provide full account of rent from the Property within two months and to return any profits to the estate for equal division among beneficiaries
  • Plaintiffs' claims against the 2nd Defendant dismissed in their entirety