Donald Tan Boon Teck v Lum Shih Kai

[2023] SGHC 347 High Court (General Division) 8 December 2023 HC/OA 956/2023

8 cases cited (6 SG, 2 foreign)

Key facts

Court	High Court (General Division)
Decided	8 December 2023
Judge	Christopher Tan
Charges / claim	Trusts, Succession and Wills
Counsel	Harry Elias Partnership LLP, Keystone Law Corporation, Leow Wei Jie Andy, Sasipriya D/O Shanmugamnanda, Selina Yap Sher Lin, Tan Jing Poi

Source: [2023] SGHC 347, High Court (General Division), decided 8 December 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Trusts — Trustees — Powers Succession and Wills — Construction Trusts — Variation — Inherent jurisdiction of court

Practice Areas

Trusts Succession and Wills

Judges (1)

Christopher Tan Delivered

Counsel (6)

Harry Elias Partnership LLP Firm

Keystone Law Corporation Firm

Leow Wei Jie Andy Counsel for the plaintiff

Sasipriya D/O Shanmugamnanda Counsel for the defendant

Selina Yap Sher Lin Counsel for the defendant

Tan Jing Poi Counsel for the plaintiff

Parties (2)

Donald Tan Boon Teck Plaintiff

Lum Shih Kai Defendant

Case Significance

Tan Boon Teck Donald v Lum Shih Kai [2023] SGHC 347 was a decision of the General Division of the High Court by Christopher Tan JC, heard on 24 and 30 October 2023 and delivered on 8 December 2023 in Originating Application No 956 of 2023. As sole executor and trustee of his late sister's estate, the claimant applied to complete the sale of a condominium at 79 Farrer Drive, the estate's main asset, valued at $3.2m alongside a DBS account holding $3,712.73. The application sought to overcome an express clause in the Testatrix's will, dated 21 July 2000, prohibiting sale of the property within three years of her death on 22 January 2023. Christopher Tan JC dismissed the application, addressing the court's powers over trustees, will construction and the inherent jurisdiction to vary trusts.

Summary

Mr Donald Tan Boon Teck, sole executor and trustee of his late sister's estate, applied to the High Court for an order to complete the sale of a condominium apartment at 79 Farrer Drive, the estate's main asset, seeking to overcome an express clause in the will prohibiting sale of the property within three years of the testatrix's death. The court considered whether to exercise its discretion under the Trustees Act to sanction the sale despite the absolute prohibition. Christopher Tan JC declined to exercise that discretion and dismissed the application.

What did the court decide in Donald Tan Boon Teck v Lum Shih Kai [2023] SGHC 347?

Christopher Tan JC dismissed the executor's application to complete the sale of a 79 Farrer Drive condominium, which sought to override a will clause barring sale within three years of the Testatrix's 22 January 2023 death. The decision was delivered on 8 December 2023.

What was the estate worth in Donald Tan Boon Teck v Lum Shih Kai ([2023] SGHC 347)?

According to the schedule of assets, the Testatrix owned two assets: the 79 Farrer Drive property valued at $3.2m at her death, and a DBS account containing $3,712.73. Probate was granted to the claimant on 29 May 2023.