Shiraz Abidally Husain v Husain Safdar Abidally: Executor's Commission & Estate Administration Dispute
In Shiraz Abidally Husain and Another (executors of the estate of Abidally Abdul Husain, deceased) v Husain Safdar Abidally and Others, the High Court of Singapore heard a claim by the executors, Mr. Shiraz Abidally Husain and Mrs. Salma Moiz, for a $60,000 commission from the estate of their late father, Mr. Abidally Abdul Husain. The first defendant, Mr. Husain Safdar Abidally, opposed the claim. Justice Tan Lee Meng allowed the plaintiffs' claim, finding that they had properly administered the estate for more than five years and that the defendant's complaints were unsubstantiated.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Claim allowed.
1.3 Case Type
Probate
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court case regarding a claim for commission by executors of an estate. The court allowed the claim, finding the executors had properly administered the estate.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Shiraz Abidally Husain | Plaintiff, Executor | Individual | Claim Allowed | Won | |
| Salma Moiz | Plaintiff, Executrix | Individual | Claim Allowed | Won | |
| Husain Safdar Abidally | Defendant | Individual | Claim Dismissed | Lost | |
| Ashraf Safdar Husain | Defendant | Individual | Claim Dismissed | Lost | |
| Soraya Safdar Husain | Defendant | Individual | Claim Dismissed | Lost | |
| Husain Safdar Abidally as Guardian of | Defendant | Individual | Claim Dismissed | Lost | |
| Farah Safdar Husain | Defendant | Individual | Claim Dismissed | Lost | |
| Hanna Safdar Husain | Defendant | Individual | Claim Dismissed | Lost | |
| Sakina Yusuf Kagda | Defendant | Individual | Claim Dismissed | Lost | |
| Fareed Husain Yusuf Kagda | Defendant | Individual | Claim Dismissed | Lost | |
| Falaq Yusuf Kagda | Defendant | Individual | Claim Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Lee Meng | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Chua Boon Beng | Mallal & Namazie |
| Mirza Namazie | Mallal & Namazie |
| Gopalan Raman | G Raman Law Corporation |
4. Facts
- Plaintiffs are the executor and executrix of their late father's estate.
- The estate is worth more than $6,000,000.
- The plaintiffs claimed a commission of $60,000 for administering the estate for more than 5 years.
- The deceased's will directed that one-third of his estate be distributed to his grandchildren 5 years after his death.
- The remaining two-thirds of his estate was to be held on trust for 5 years and then distributed to his children.
- The plaintiffs had to manage two of the deceased’s properties.
- There were disputes regarding the entitlement of the grandchildren to the funds set aside for their education and maintenance.
5. Formal Citations
- Shiraz Abidally Husain and Another (executors of the estate of Abidally Abdul Husain, deceased) v Husain Safdar Abidally and Others, OS 1440/2008, [2009] SGHC 130
6. Timeline
| Date | Event |
|---|---|
| Deceased died in Singapore | |
| Mallal & Namazie wrote to Mr Safdar’s lawyer | |
| Originating Summons 2108 of 2005 filed | |
| Advertisement placed in the Straits Times | |
| Interim distribution to the deceased’s 13 grandchildren | |
| Affidavit filed by Mr Shiraz | |
| Decision Date |
7. Legal Issues
- Executor's Commission
- Outcome: The court allowed the executors' claim for a commission of $60,000.
- Category: Substantive
- Sub-Issues:
- Quantum of commission
- Effect of professional assistance on commission
- Related Cases:
- [1930] SSLR 38
- [1933] MLJ 187
- [1915-23] 15 SSLR 236
8. Remedies Sought
- Commission for administering the estate
9. Cause of Actions
- Claim for executor's commission
10. Practice Areas
- Probate
- Estate Administration
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tan Soo Lock v Tan Jiak Cho and Anor | Straits Settlements Supreme Court | Yes | [1930] SSLR 38 | Singapore | Cited for the principle that the payment of commission to those involved in the administration of estates is at the discretion of the court and varies according to the nature of the estate and the work done. |
| Re Chew Joo Chiat Deceased | N/A | Yes | [1933] MLJ 187 | N/A | Cited for the test of whether the executor or administrator has done his duty according to law. |
| Syed Ahmad, deceased v Syed Hussain | N/A | Yes | [1915-23] 15 SSLR 236 | N/A | Cited for the principle that an executor's commission should be reduced where the estate has incurred legal fees by instructing a law firm to act on its behalf. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Probate and Administration Act (Cap 251, 2000 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Executor
- Executrix
- Commission
- Estate
- Beneficiaries
- Will
- Trust
- Administration of estate
15.2 Keywords
- Executor
- Commission
- Estate
- Probate
- Administration
- Will
- Trust
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Estate Administration | 95 |
| Executors | 80 |
| Commission | 75 |
| Wills and Probate | 70 |
| Beneficiaries | 60 |
| Trust Law | 30 |
16. Subjects
- Trusts
- Wills
- Succession