The court upheld the principle that disputes over executor remuneration regarding estate administration should remain straightforward and not escalate to writ actions if the core issue is merely the quantum of fees.

Y.A. TUAN LEE SWEE SENG

Prologue

As is often the case in the administration of the estate of a deceased who died rich, there is a real likelihood of disputes not just amongst the beneficiaries but also amongst the administrators and at times between the administrators of the estate and the beneficiaries. Perhaps the deceased one Ganendra son of Ponnusamy had anticipated this and so he appointed the Plaintiff, a solicitor as an executrix to his estate together with another solicitor. He died in February 1994. The grant of Probate was dated 17.5.1994. However little progress was achieved in administering and distributing the deceased's estate in what was perceived as objections from and obstacles placed by some beneficiaries especially with respect to the Plaintiff's action in protecting the interest of the deceased adopted daughter one Amanda Shalini Ganendra. The Plaintiff said that the reason the testator appointed her and another solicitor to be the executors and trustees of his estate was his fear that his adopted daughter Amanda Ganendra might be discriminated against in the distribution of his estate. The said Amanda committed suicide in February 2004.

Problem

Differences and disputes in the administration of the estate led to a law suit by Goh Mary as plaintiff against the following as defendants in Civil Suit No. S5-22-565-2000:-

1. Punithavalhi @ Pushpambigai Ponniah

2. Loong Caesar

3. Ganendra Torquil @ Torkil a/l Ponnusamy Ganendra

4. Turid Shamnini a/p Ganendra

5. Rosaline Ganendra

6. Dennis Ganendra

7. Trudy Ranjini Ganendra

8. Amanda Shalini d/o Ganendra

The suit ended in a consent order being recorded. The keys terms agreed by all the parties are inter alia , that:-

1. the 1^st defendant, without admission of liability, be and is hereby discharged as the administratrix and trustee of the Estate of Ganendra son of Ponnusarny, Deceased;

2. the 1^st defendant's remuneration as executrix and trustee of the Deceased's estate be taxed by the Court in accordance with Section 43 of the Probate and Administration Act 1959 and/or Section 46 of the Trustee Act 1949 ;

3. the Grant of Probate dated 17.5.1994 of the Deceased's Estate be and is hereby revoked;

4. Letters of Administration with the Last Will and Testament of Ganendra son of Ponnusamy dated 12.1.1994 annexed thereto be and is hereby granted in favour of the 3^rd Defendant and the 6^th Defendant.

Prayer

Pursuant to the terms of the consent order with respect to the 1^st Defendant's remuneration to be taxed by the Court, she has, as Plaintiff, in this Originating Summons filed on 14.7.2009 applied for her remuneration to be taxed by the Court.

The Defendants have filed an application to convert the Originating Summons into a Writ action on 23.3.2010, 8 months after the Originating Summons (OS) was filed.

Principle

The Plaintiff objects to the conversion of the OS into a Writ. To her this is a straight-forward and fairly simple application for her remuneration as an Executrix and Trustee to be paid which was consented to by way of consent order. Like all taxation the dispute is not on the fact that the Plaintiff is not entitled to her remuneration as an Executrix and Trustee of the deceased's estate as that had been agreed to by way of the consent order but rather the amount of remuneration. In other words, the question is not whether the Plaintiff is qualified or not to receive her remuneration but the quantum of remuneration she should receive. That by itself does not convert the OS into a Writ action merely because the Defendants are disputing the value if the deceased's estate from which figure would be derived her remuneration based on a sum not exceeding 5% of the value of the assets collected by the Plaintiff.

Section 43 (1) of the Probate and Administration Act 1959 (the Act) provides:-

"The Court may in its own discre