VTL v VTM: Mutual Wills Dispute Over Mother's Estate

In VTL v VTM and VTN, the High Court (Family Division) of Singapore, on 20 August 2021, ruled in favor of VTL, declaring the mutual will executed by his parents in 2001 as the mother's last will and testament. The dispute arose after the mother executed another will in 2017, which significantly altered the distribution of her estate. VTL filed suit to revoke the grant of probate to VTM and VTN in respect of the 2017 will. The court found no evidence of undue influence or suspicious circumstances surrounding the mutual wills, and therefore granted the orders sought by the plaintiff.

1. Case Overview

1.1 Court

General Division of the High Court (Family Division)

1.2 Outcome

Judgment for Plaintiff

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Dispute over validity of mutual wills versus a later will. Court declared the mutual will as the mother's last testament, revoking probate of the later will.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
VTLPlaintiffIndividualJudgment for PlaintiffWonChuah Hui Fen Christine, Zikri Muzammil
VTMDefendantIndividualCounterclaim DismissedLostChiok Beng Piow Andy, Lee Hui Zhen Margaret
VTNDefendantIndividualCounterclaim DismissedLostChiok Beng Piow Andy, Lee Hui Zhen Margaret

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Chuah Hui Fen ChristineHin Tat Augustine & Partners
Zikri MuzammilHin Tat Augustine & Partners
Chiok Beng Piow AndyAM Legal LLC
Lee Hui Zhen MargaretAM Legal LLC

4. Facts

  1. The Father and Mother executed mutual wills in 2001.
  2. The mutual wills stipulated that the terms could not be altered.
  3. The Mother executed another will in 2017, altering the distribution of her estate.
  4. The Father died in 2004.
  5. The Mother died in 2019.
  6. The plaintiff, VTL, was the son and an executor of the mutual wills.
  7. The defendants, VTM and VTN, were daughters and executors of the 2017 will.

5. Formal Citations

  1. VTL v VTM and another, Suit No 4 of 2021, [2021] SGHCF 30

6. Timeline

DateEvent
Father and Mother executed mutual wills
Mother diagnosed with breast cancer
Father died of pneumonia
Mother executed another will
Mother died
Suit filed by VTL
Hearing date
Hearing date
Judgment reserved

7. Legal Issues

  1. Validity of Mutual Wills
    • Outcome: The court held that the mutual wills were valid and took precedence over the 2017 will.
    • Category: Substantive
    • Sub-Issues:
      • Undue influence
      • Mental capacity
      • Suspicious circumstances
    • Related Cases:
      • [2010] 4 SLR 373

8. Remedies Sought

  1. Declaration that the mutual will was the last will and testament of the mother
  2. Revocation of the grant of probate to VTM and VTN in respect of the 2017 will
  3. Ancillary and consequential orders

9. Cause of Actions

  • Declaration of Validity of Will
  • Revocation of Probate

10. Practice Areas

  • Estate Planning
  • Probate Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Chee Mu Lin Muriel v Chee Ka Lin Caroline (Chee Ping Chian Alexander and another, interveners)N/AYes[2010] 4 SLR 373SingaporeDefendants argued this case was similar, but the court distinguished it, finding no evidence that the plaintiff procured the Mutual Wills or suggested the terms to the Mother.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Mutual wills
  • 2017 Will
  • Executors
  • Trustees
  • Undue influence
  • Probate
  • Testator
  • Testatrix

15.2 Keywords

  • Mutual wills
  • Probate
  • Family dispute
  • Succession
  • Singapore
  • High Court
  • Wills

16. Subjects

  • Wills
  • Succession
  • Probate
  • Family Dispute

17. Areas of Law

  • Succession Law
  • Wills and Probate
  • Family Law