On proceeding against overseas parties, and the perils of suing the wrong person.

In 2016, CL passed away unexpectedly. He left behind, in the US, his widow and 2 sons.

Quite often, when a person passes away, they leave behind property, which will have to be dealt with. In 2018, CL's widow applied for a grant of letters of administration to CL's estate.

As it turned out, in¹ 1996, a Singapore landed property had been purchased in the names of CL and his sister. At this time, CL was still studying in the US, or had just graduated. CL's parents say that they paid for the property, and that CL and his sister held the property in trust for them.

As such, in 2022, CL's parents sued CL's widow, for a half-share of the property to be transferred to them.

Disputes aren't pleasant. But now that the matter is going to Court, perhaps there can finally be some measure of closure? After all, CL passed away more than 7 years ago. And if it is true that CL did not pay for the property, then one can understand the position taken by his parents, and which CL's sister does not appear to dispute.

But then - a plot twist.

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CL's widow applied to Court to strike out CL's parents' claims. She argued that the wrong party had been sued.

Wait, what?

As it turned out, CL's parents had sued CL's widow in her personal capacity. However, CL's parents should have brought a claim against the administratrix² of CL's estate. And CL's widow was not the administratrix, as she had yet to extract the grant of letters of administration.

This was not a mere technicality. CL's parents' claim was struck out, and they are back to square one.

And it is not simply a matter of commencing a new claim. Space does not permit a full discussion, but in particular, CL's parents may have to make fresh attempts to serve Court papers on CL's widow in the US. This may well take time.³

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Brief take-aways, for those looking to engage lawyers, bring claims, and/or enter into trusts arrangements.

1) Procedure matters, and is not a mere afterthought to legal principles. Get proper advice.
2) Cross-border claims can be tricky, and take longer than expected. Get proper advice.
3) If you want someone to hold property in trust for you, be prepared for complications. Get - surprise surprise - proper advice.