Tan Pwee Eng v Tan Pwee Hwa: Validity of Nuncupative Will under Wills Act
In Tan Pwee Eng v Tan Pwee Hwa, the High Court of Singapore addressed the validity of a nuncupative will under the Wills Act. The appellant, Tan Pwee Eng, sought a declaration that the unexecuted draft will of the late Tan Kiok Lan was her last will and testament, arguing it represented a nuncupative will. The court, presided over by Justice Lee Seiu Kin, dismissed the appeal, holding that a nuncupative will is not valid unless made by a person falling within the exception outlined in section 27 of the Wills Act.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court held that a nuncupative will is not valid under the Wills Act unless made by a person falling within section 27 of the Act.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Tan Pwee Eng | Appellant | Individual | Appeal dismissed | Lost | Gopalan Raman |
| Tan Pwee Hwa | Respondent | Individual | Appeal dismissed | Won | Lucy Netto |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Gopalan Raman | G R Law Corporation |
| Lucy Netto | Netto & Magin |
4. Facts
- Tan Kiok Lan passed away on 30 July 2009, survived by five children.
- The appellant, Tan Pwee Eng, is the fourth child and was Tan Kiok Lan’s sole caregiver.
- Instructions for a will were given on 16 July 2009 to Pan Sing Fong.
- Pan Sing Fong visited Tan Kiok Lan with the draft will on 24 July 2009, but it was not executed.
- The appellant sought a declaration that the unexecuted draft will was Tan Kiok Lan’s last will and testament.
5. Formal Citations
- Tan Pwee Eng v Tan Pwee Hwa, Originating Summons No 5 of 2010, [2010] SGHC 258
6. Timeline
| Date | Event |
|---|---|
| Instructions for will given to Pan Sing Fong by Tan Kiok Lan. | |
| Pan Sing Fong visited Tan Kiok Lan with the draft will for execution. | |
| Tan Kiok Lan passed away. | |
| Originating Summons No 5 of 2010 filed. | |
| Judgment reserved. |
7. Legal Issues
- Validity of Nuncupative Will
- Outcome: The court held that the nuncupative will was not valid as it did not fall under the exception in section 27 of the Wills Act.
- Category: Substantive
8. Remedies Sought
- Declaration that the Draft Will is the Last Will and Testament of Tan Kiok Lan
9. Cause of Actions
- Declaration of Validity of Will
10. Practice Areas
- Estate Planning
- Probate Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Blackstone's Commentaries on the Laws of England | N/A | Yes | 2 Br Comm 500 | England | Cited to define a nuncupative will as a verbal testament depending only upon oral evidence. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) |
| O 71, r 46 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Wills Act (Cap 352, 1996 Rev Ed) | Singapore |
| Wills Act (Cap 352, 1996 Rev Ed) | Singapore |
| Statute of Frauds 1676 (AD 1676 Cap III) (UK) | United Kingdom |
15. Key Terms and Keywords
15.1 Key Terms
- Nuncupative will
- Wills Act
- Testamentary capacity
- Draft Will
- Statute of Frauds
- In extremis
15.2 Keywords
- nuncupative will
- Wills Act
- estate
- testament
16. Subjects
- Wills
- Estate Law
17. Areas of Law
- Wills and Estates
- Probate Law