Vincent Ng Kim Khoay J:

The deceased Yap Kuan Keat died on 4 March 1993 leaving behind his second wife Leong Lian Ho and four children namely Yap Kee Par, Molly Yap, Nancy Yap and Alan Yap Kie Leng. Madam Leong Lian Ho (Madam Leong) was the step-mother of the four children.

The petitioner who is one of the deceased's sons has applied for letters of administration of the estate of the deceased to be granted to him. He has cited the other beneficiaries (parties cited) who have resisted his application.

The parties cited have not given any valid reasons as to why the petitioner should not be granted letters of administration except to say that there is only a sum of RM833.79 remaining in the deceased's estate. The petitioner has at all times alleged that this is untrue as the deceased had substantial cash and immovable assets both in Malaysia and overseas prior to his death. He had deposed in para. 11 of his supporting affidavit that: "I verily believe that there is a conspiracy among Molly, Alan, Nancy and Madam Leong to prevent a suitable person from properly administering the Estate and to query the sudden loss of substantial funds. It is also almost impossible to believe that my father who had 1.6 million pounds sterling to his name in 1990 is reduced to assets worth only RM833.79, at the time of his death." The petitioner's solicitor had repeatedly written letters to the parties cited to enquire as to whether they were willing to renounce their right to the LA but to no avail. The petitioner's solicitor had also made various attempts to ascertain from these beneficiaries the immovable properties belonging to the estate. The parties cited have neglected or refused to provide any information save to say that at the time of his demise, the deceased left only RM833.79 in an account held jointly with Madam Leong at the Development Bank of Singapore. (See Exhibit "AYKL1" of affidavit of Dr. Alan Yap Kie Leng affirmed on 5 December 1994 (Encl. 19)).

In his affidavits referred to me, the petitioner gave his reasons why he thought it was impossible for the deceased to have only that amount in the bank. And, that the parties cited had failed, despite repeated requests, to furnish statements of the deceased's other alleged accounts, or to account for the contents of the safe deposit box, save only that Molly Yap had revealed that the deceased's coin collection was amongst the valuables removed from the safe deposit box. They have also failed to render details of the deceased's several immovable properties in Malaysia and England and what happened to them.

Before me, at the hearing, it was eventually agreed by the parties cited that letters of administration (LA) may be granted, but they then contended that it should be granted jointly to the petitioner and the wife of the deceased Madam Leong.

The petitioner objects to Madam Leong being made a joint administrator of the estate, as she was not the lawful wife of the deceased and appeared to have dealt with his father's assets in cohort with Alan Yap. Thus, on only putting her in the position of conflict but she may have caused loss to the estate. The petitioner therefore prayed that the Court grant him the locus standi to make enquiries and to gain access to the deceased's assets, as the reluctance of the parties cited to take out letters of administration and their objections to his application for LA was solely, according to him, to prevent him from obtaining LA to trace the true worth of the estate.

The parties cited strenuously denied any allegation that they have misapplied the deceased's funds but said that any monies given to them by the deceased were outright gifts. Madam Leong further averred that she is entitled to the assets because the properties or assets were held jointly in her name together with the deceased.

After careful study of the various affidavits and hearing the oral submissions of Counsel, I find that:

There is not one single valid reason given by the parties ci