S Nantha Balan JCA:

Introduction

[1] This is an appeal against the order of the learned High Court Judge ("the learned judge") dated 7 December 2018 ("the Order") in appointing an administrator pendente lite for the Estate of Tan Kirn Choo @ Tan Kim Choon ("the deceased"). On 30 January 2020 we unanimously dismissed the appeal. These are the reasons for our decision to dismiss the appeal.

[2] The appellants are Tan Boon Thien ("1st appellant") and his wife, Low Chow Yeng ("2nd appellant"). They were the 1st and 5th defendants respectively in the proceedings in the High Court. Tan Poh Lee (f) ("1st respondent"), Tan Poh Hui ("2nd respondent") and Tan Poh Yee ("3rd respondent") are the children of the deceased.

[3] The proceedings in the High Court is a "probate action" as defined by O 72 r 1(2) Rules of 2012 ("ROC"). As per the definition, a "probate action" is "an action for the grant of probate of the will, or letters of administration of the estate, of a deceased person or for the revocation of such a grant or for a decree pronouncing for or against the validity of an alleged will, not being an action which is non-contentious".

[4] By a notice of application dated 8 November