For intervention in estate proceedings, applicants must show timely application and meet specific jurisdictional criteria.

Introduction

[1] The deceased, Hong Lewan Hong who had ten (10) children died on 1 July 2009 leaving behind nine (9) surviving children. The other child Tan Ah Lek @ Tan Ching Hai, had prior to the death of the deceased, passed away on 9 July 2007. The proposed interveners are the grandchildren of the deceased, Hong Lewan Hong and the children of Tan Ah Lek @ Tan Ching Hai (deceased).

[2] In this Petition, the Petitioners are Co-Administrators who have obtained a Grant of Letters of Administration on 17 August 2010 for the Estate of Hong Lewan Hong (deceased). There are altogether nine beneficiaries of the said Estate of the deceased. They are all surviving issues (children) of Hong Lewan Hong (deceased).

[3] This is an application by the intended intervener (hereinafter called "the Applicants") for various orders in encl (11). The various orders sought are as follows:-

i. that the Applicants be made parties and allowed to intervene in these proceedings ie this Petition under O 15 r 6(2) and (3) of the Rules of 2012.

ii. that the Applicants be included as next of kin and or beneficiaries of the estate of Hong Lewan Hong (deceased).

iii. that the Grant of Letters of Administration dated 17 August 2010 be amended pursuant to s 34 of the Probate and Administration Act 1959 and O 71 r 36 of the Rules of 2012 be given effect.

[4] In support of encl (11), the Applicants filed 3 Affidavits ie encls (13), (14) and (17). The Applicants averred that as grandchildren of Hong Lewan Hong (deceased) they are entitled to be beneficiaries of the Estate eventhough their father Tan Ah Lek @ Tan Ching Hai (deceased) (son of deceased) predeceased the deceased.

[5] In encl (13) three (3) documents were annexed and marked as "TCG-1", "TCG-2" and "TCG-3" to show the succession link of the Applicants to Hong Lewan Hong (deceased).

[6] Enclosure (14) was a corrective Affidavit filed to correct para 8(a) encl (13). Enclosure (17) is an Affidavit called Affidavit Sokongan (2). In this Affidavit a "Deed of Family Arrangement" was exhibited and marked as "TCG-4" where the wife and daughter of Tan Ah Lek @ Tan Ching Hai (deceased) irrevocably declared to disclaim all their rights and interests in the Estate of Tan Ah Lek @ Tan Ching Hai (deceased) in favour of the Applicants.

[7] In opposition to the Applicants application the Petitioners filed an Affidavit in Reply encl (15) stating that the Applicants are not entitled to a share in the Estate of Hong Lewan Hong.

[8] The Applicants application is substantially to be allowed to intervene in these proceedings under O 15 r 6(2) and (3). The other two orders sought are really ancillary which I have no jurisdiction to make at this juncture. The two orders ie (ii) and (iii) can only be made or given to the Applicants in another action or cause, which the Applicant must make.

Findings

Order 15 Rule 6(2) And (3)

[9] Under this Order, the Court may "at any stage of the proceedings in any cause or matter on such terms as it thinks fit order any person be added as a party" on application.

[10] The Applicants in both encls 13 and 14 and the Petitioner in encl 15 says that the Grant of Letters of Administration was made on 17 August 2010 but has not been extracted from the Court. The extraction of the Grant of Letter of Administration being the final act by the Petitioner.

[11] Thus the wording at "any stage of the proceedings" in O 15 r 6(2) and (3) does not assist the Applicant, as in this Petition the order for the Grant had already been made on 17 August 2010 and the procee