SINGAPORE: After the remains of a man were found in a flat nine years after he died, his brother and nephew quarreled over who was to be the sole administrator of his estate.
After mediation, the dead man’s nephew, brother and nieces agreed that the brother should assume this role.
As part of this agreement, two of the dead man’s nephews also donated their shares of the estate – about S$308,000 – to a charity.
The man’s brother was supposed to match this amount with a similar donation – but he failed to keep his side of the bargain.
The parties took to court to settle their dispute. In a judgment issued on Tuesday (Jul 18), Judicial Commissioner Goh Yihan allowed an application by one of the nephews who had made a donation, for damages to be paid by the uncle who reneged on the agreement.
THE CASE
On Jul 2, 2020, while performing dengue inspections, officers from the National Environment Agency found the skeletal remains of Mr Ho Kok Kwong in a flat in Potong Pasir.
Forensic tests revealed he had died nine years prior, with his body lying undiscovered all that time. The cause of death could not be determined because of the level of decomposition.
Kok Kwong died intestate, or without a will. In August 2020, the police passed the keys to his flat to his brother Ho Kwek Sin.
Kwek Sin and Kok Kwong had another brother, who had died. This brother’s son, Mr Ho Chee Kian, wanted in on Kok Kwong’s estate as well.
Both Kwek Sin and Chee Kian wanted administration of Kok Kwong’s estate. Kwek Sin told his nephew that he had the right to be the sole administrator, as he was only surviving sibling of the deceased.
Uncle and nephew attended court mediation in March 2021, which culminated in a settlement agreement between the two of them as well as Kok Kwong’s nieces.
Under the terms of the agreement, Kwek Sin would apply to be the sole administrator of his brother’s estate. Chee Kian and his brother were to donate their shares of the estate to a charity, and Kwek Sin was to make a similar donation in a matching amount.
Kwek Sin was eventually appointed in August 2021 as the sole administrator of his brother’s estate.
In this role, he paid, from Kok Kwong’s estate, about S$154,000 each to Chee Kian and Chee Kian’s brother.
The two brothers donated the money – amounting to about S$308,000 in total – to a charity, as agreed.
Chee Kian then sent to Kwek Sin a letter from the charity acknowledging the donation, but his uncle was not satisfied with the letter as proof. He asked for official receipts to prove that the sum of S$308,000 had been donated.
Chee Kian then mounted a claim in the High Court against Kwek Sin in February 2023, saying his uncle had breached their agreement.
He sought a court order for his uncle to pay damages of about S$380,000.
In his judgment, Judicial Commissioner Goh allowed Chee Kian’s application and ruled in his favour.
The damages will be assessed at a later date.
“In essence, this case involves a valid and binding agreement that was entered into by the claimant and the defendant,” said the judicial commissioner.
“The claimant performed his side of the bargain. The defendant did not do so. But the defendant has provided no good reason why he has not so performed. As a result, the claimant is entitled to damages arising from the defendant’s breach of the agreement.”