BUV v BUU: Mental Capacity Act Declaration & Deputy Appointment
In BUV v BUU and UWP, the High Court of Singapore heard applications regarding UWP's mental capacity. BUV sought a declaration that UWP lacked the capacity to make decisions about her personal welfare and property, and for the appointment of deputies. The court found UWP lacked mental capacity under the Mental Capacity Act, revoked her 2016 LPA and Will, and appointed her Youngest Daughter and Daughter-in-Law as joint deputies. The court made no order in respect of the civil application in OS 1096/2016 by the second defendant for the return of the moneys in the Bank Account to her.
1. Case Overview
1.1 Court
High Court (Family Division)1.2 Outcome
Declaration that the second defendant lacked capacity to make decisions as to her personal welfare and her property and affairs.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court case regarding UWP's mental capacity, resulting in a declaration of incapacity and appointment of deputies to manage her affairs.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| [BUV] | Plaintiff | Individual | Prayer granted | Won | |
| [BUU] | Defendant | Individual | Appeal against decision | Lost | |
| [UWP] | Defendant, Plaintiff | Individual | Lacks capacity | Lost | |
| [BXD] Bank | Defendant | Corporation | No order made | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Aedit Abdullah | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Darrell Low Kim Boon | Yusarn Audrey |
| Chua Siew Ling Aileen | Yusarn Audrey |
| Koh Mong Poo Sam | Sam Koh & Co |
4. Facts
- UWP, an 89-year-old, had a bank account jointly opened in her name, her eldest son BUU, and her youngest son BUV.
- UWP executed a declaration of intention and a lasting power of attorney (LPA) in June 2016, appointing BUU as her donee.
- BUV applied for UWP to be medically examined for her mental capacity to commence proceedings in OS 1096/2016, which was denied.
- BUV filed an application under the Mental Capacity Act (MCA) seeking a declaration of UWP's mental incapacity and appointment of deputies.
- Medical experts assessed UWP as having dementia, with varying degrees of severity.
- UWP's cross-examination revealed difficulties in recalling information and understanding questions.
- The court found that UWP lacked the capacity to execute the 2016 legal documents due to mental impairment and undue influence.
5. Formal Citations
- BUV v BUU and another and another matter, , [2019] SGHCF 15
- In the matter of [UWP], a person alleged to lack capacity (“P”), Originating Summons (Family) No 1 of 2017, Originating Summons (Family) No 1 of 2017
- In the matter of Section 18(2) of the Supreme Court of Judicature Act (Cap 322), Originating Summons No 1096 of 2016, Originating Summons No 1096 of 2016
6. Timeline
| Date | Event |
|---|---|
| 2005 Will executed | |
| 2016 Declaration of Intention executed | |
| Lasting Power of Attorney signed | |
| 2016 Will executed | |
| OS 1096/2016 filed | |
| Summons No 5468 of 2016 applied | |
| Lasting Power of Attorney registered | |
| Summons No 5468 of 2016 denied | |
| MCA application filed | |
| Order made to remove names as joint account holders | |
| Hearing date | |
| Hearing date | |
| Hearing date | |
| Hearing date | |
| Hearing date | |
| Hearing date | |
| Hearing date | |
| Deputies appointed | |
| Hearing date | |
| BOM v BOK and another appeal published | |
| Judgment date |
7. Legal Issues
- Mental Capacity
- Outcome: The court determined that the second defendant lacked mental capacity within the meaning of ss 4 and 5 of the MCA.
- Category: Substantive
- Sub-Issues:
- Impairment of mind or brain
- Ability to understand information
- Ability to retain information
- Ability to use or weigh information
- Ability to communicate decisions
- Undue Influence
- Outcome: The court found that the presumption of undue influence was made out and unrebutted.
- Category: Substantive
- Sub-Issues:
- Presumption of undue influence
- Relationship of trust and confidence
- Transaction calling for explanation
- Rebuttal of presumption
- Validity of Lasting Power of Attorney
- Outcome: The court revoked the 2016 LPA due to undue influence.
- Category: Substantive
- Sub-Issues:
- Donor's capacity
- Undue pressure
- Revocation of LPA
- Testamentary Capacity
- Outcome: The court set aside the 2016 Will due to the second defendant's lack of testamentary capacity and the presence of undue influence.
- Category: Substantive
- Sub-Issues:
- Mental capacity to make a will
- Knowledge and approval of contents
- Freedom from undue influence or fraud
8. Remedies Sought
- Declaration of mental incapacity
- Revocation of Lasting Power of Attorney
- Setting aside of Will
- Appointment of deputies
9. Cause of Actions
- Application for declaration of mental incapacity
- Application for revocation of Lasting Power of Attorney
- Application to set aside Will
10. Practice Areas
- Mental Capacity Applications
- Family Litigation
- Civil Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Re BKR | Court of Appeal | Yes | [2015] 4 SLR 81 | Singapore | Cited for the relevance of undue influence to a determination of mental capacity. |
| Re BKR | High Court | Yes | [2013] 4 SLR 1257 | Singapore | Cited for the principle that the requirements under ss 5(1)(a) to 5(1)(d) of the MCA are to be read conjunctively. |
| Re F | English High Court | Yes | [2009] EWHC B30 (Fam) | England and Wales | Cited for the English approach that the requirements under ss 5(1)(a) to 5(1)(d) are to be read conjunctively. |
| Royal Bank of Scotland v Etridge (No 2) | House of Lords | Yes | [2002] 2 AC 773 | United Kingdom | Cited for distinguishing between classes of actual and presumed undue influence. |
| BOM v BOK and another appeal | Court of Appeal | Yes | [2019] 1 SLR 349 | Singapore | Cited for affirming the categorisation of undue influence and the conditions for presumed undue influence. |
| Oversea-Chinese Banking Corp Ltd v Tan Teck Khong and another (committee of the estate of Pang Jong Wan, mentally disordered) and others | High Court | Yes | [2005] 2 SLR(R) 694 | Singapore | Cited for the application of Class 2B undue influence in the context of a mother-son relationship. |
| Chee Mu Lin Muriel v Chee Ka Lin Caroline (Chee Ping Chian Alexander and another, interveners) | Court of Appeal | Yes | [2010] 4 SLR 373 | Singapore | Cited for the consistency of the definitions of capacity under ss 4 and 5 of the MCA with common law principles regarding testamentary capacity. |
| UAM v UAN and another | Court of Appeal | Yes | [2018] 4 SLR 1086 | Singapore | Cited for the presumption of testamentary capacity when the testator is not suffering from any kind of mental disability and the will was duly executed in “ordinary circumstances”. |
13. Applicable Rules
| Rule Name |
|---|
| O 76, r 2 of the Rules of Court (Cap 322, R5, 2014 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Mental Capacity Act (Cap 177A) | Singapore |
| Section 17 Mental Capacity Act | Singapore |
| Section 18 Supreme Court of Judicature Act (Cap 322) | Singapore |
| Section 18(2) of the Supreme Court of Judicature Act (Cap 322) | Singapore |
| Section 4(1) Mental Capacity Act | Singapore |
| Section 5(1) Mental Capacity Act | Singapore |
| Section 5(2) Mental Capacity Act | Singapore |
| Section 5(3) Mental Capacity Act | Singapore |
| Section 3(2) Mental Capacity Act | Singapore |
| Section 3(3) Mental Capacity Act | Singapore |
| Section 3(4) Mental Capacity Act | Singapore |
| Section 3(5) Mental Capacity Act | Singapore |
| Section 3(6) Mental Capacity Act | Singapore |
| Section 17(4)(b) Mental Capacity Act | Singapore |
| Section 17(3)(a)(ii) Mental Capacity Act | Singapore |
| Section 19(1) Mental Capacity Act | Singapore |
| Section 20(2)(b) Mental Capacity Act | Singapore |
| Section 20(1) Mental Capacity Act | Singapore |
| Section 24(1)(a)(iii) Mental Capacity Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Mental capacity
- Lasting Power of Attorney
- Testamentary capacity
- Undue influence
- Dementia
- Deputy
- Mental Capacity Act
- Declaration of Intention
15.2 Keywords
- Mental Capacity Act
- Lasting Power of Attorney
- Will
- Undue Influence
- Deputy
- Singapore
- Family
- Incapacity
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Mental Capacity Law | 95 |
| Wills and Probate | 70 |
| Undue Influence | 60 |
| Legal capacity | 60 |
| Family Law | 40 |
| Trust Law | 20 |
16. Subjects
- Mental Capacity
- Lasting Power of Attorney
- Wills
- Undue Influence
- Family Law