When a person passes away, their appointed executors must carry out the probate and administer the estate. But as the case of XLX v XLZ and another [2025] SGHCF 56 shows, even family executors can find themselves in stressful, drawn-out disputes.
What Happened in This Case?
The late mother had appointed two of her children X and Y as executors and trustees of her estate. Another sibling Z (the appellant) challenged their handling of the estate, alleging delays and inaccuracies in the Statement of Accounts (SOA) of the Estate that was submitted to the Court.
Some examples of the disputed issues included:
- Whether a bank account was a joint account or part of the estate.
- Whether the scrap value of the family car was left out.
- Whether insurance policies were properly valued.
- Whether mortgages on two properties were wrongly listed as liabilities.
At first instance, the District Judge accepted the executors’ accounts.
On appeal, the High Court agreed that while there were inaccuracies, these were not evidence of misconduct. The court nevertheless ordered some rectifications to the accounts.
All parties were self-represented laypersons, which added to the confusion and length of the proceedings.
What Did the Court Say?
The judge reminded executors that:
- They must provide fair, accurate, and timely accounts.
- Even lay executors are held to fiduciary duties.
- Courts may give some allowance to lay executors, but accuracy and documentation are still expected.
In this case, there was no finding of wilful misconduct, but the appeal succeeded in part because the accounts needed corrections.
The Hidden Cost of “Small” Disputes
Although the issues here were relatively minor (a car’s scrap value, paperwork for insurance, mortgage balances), they escalated into a full appeal in the High Court.
Such proceedings are not cheap:
- Legal fees: If lawyers were engaged, each side could easily incur $20,000–$40,000 or more in a contested probate dispute. In complex cases, fees may exceed $100,000.
- Court fees: Filing and hearing fees add several thousand dollars.
- Delay costs: Estate distribution is frozen until matters are resolved.
Who Pays the Legal Costs?
Generally:
- If executors act properly and in good faith, their legal costs may be payable out of the estate.
- If executors are found to be negligent or in breach of duty, the court can order them to pay personally, without indemnity from the estate.
- Beneficiaries who bring challenges and lose may also be ordered to bear their own costs.
In this case, the executors were not found negligent. Thus, the estate would normally bear the reasonable costs of the proceedings. All the beneficiaries will have to bear the cost proportionally since it is paid out of the Estate.
What if Executors Are Negligent?
If executors seriously mismanage the estate:
- They can be personally liable for losses.
- The court may remove them and appoint replacement executors.
- They may be denied reimbursement from the estate for legal fees.
- In serious cases, beneficiaries can sue them for breach of fiduciary duty.
- In one case in Singapore, the executor was jailed.
The Strain on Family Relationships
Beyond money and procedure, probate disputes cut deeply into family trust and unity.
When one sibling accuses another of mishandling accounts, it is rarely seen as “just business.” Instead, it can feel like an attack on the person’s honesty and integrity. This often leads to:
- Broken communication – siblings stop speaking to each other outside court.
- Loss of trust – family members doubt whether others are acting fairly.
- Lingering resentment – even after the court resolves the case, relationships may not heal.
- Generational impact – younger family members may witness the hostility, causing rifts across the extended family.
In many cases, families spend more energy on accusations and defence than on honouring the memory of the deceased. The deceased’s intention for harmony can be lost amid suspicion and litigation.
Lessons for Families
- Choosing executors wisely matters – family members may lack the expertise or time.
- Transparency prevents disputes – clear, well-documented accounts reduce suspicion.
- Professional help saves money – probate lawyers or professional executors can prevent costly mistakes.
- Even small matters can snowball – fighting over minor details can end up in the High Court.
- Family harmony is fragile – once accusations fly, rebuilding trust can take years, if ever.
Final Thought
The Court Judgement XLX v XLZ [2025] SGHCF 56 is a reminder that probate is not just paperwork — it is a legal process requiring accuracy, accountability, and judgment. Executors who treat it lightly risk dragging grieving families into avoidable litigation, while beneficiaries who challenge hastily risk deepening family fractures. The Testator should give sufficient thoughts on the relationships between the Executors and the Beneficiaries. The Testator may choose to appoint a professional Trustee company instead to mitigate risks to family harmony.
Estate planning is not only about distributing assets — it is also about preserving family harmony.
Eliss Chen
- Testator: A person making the Will to distribute their assets
- Executor: A person appointed under a Will to apply for probate and administer the estate. Their duties include collecting assets, paying debts, and distributing assets to beneficiaries.
- Trustee: If assets are held on trust (e.g. for minors), the executor also acts as trustee to manage and safeguard those assets until conditions are met.
- Beneficiaries: Individuals entitled to inherit under the Will or under intestacy laws.
- Appellant / Respondent: In disputes, the party appealing is the appellant; those defending the decision are the respondents.
- Does this person have the time and organisational skills to handle paperwork, deadlines, and banks?
- Will they be perceived as impartial by other family members?
- Should I appoint a professional executor instead to reduce stress and conflict?
