WEW v WEX: Appeal over Mental Capacity Act & Lasting Power of Attorney Dispute

WEW appealed against the District Judge's decision to dismiss her application to declare her father, P, mentally unfit when he executed a Lasting Power of Attorney (LPA) in favor of her brother, WEX. The High Court dismissed the appeal, finding no merit in WEW's claims of fraud or undue influence. The court also upheld the costs awarded against WEW.

1. Case Overview

1.1 Court

General Division of the High Court (Family Division)

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding the mental capacity of P to execute a Lasting Power of Attorney in favor of his son, WEX. The court dismissed the appeal.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
WEWAppellantIndividualAppeal DismissedLost
WEXRespondentIndividualCosts AwardedWon
KOtherIndividualCosts AwardedWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Ushan PremaratneWithers KhattarWong LLP
Marc Goh Bin JingWithers KhattarWong LLP
Lim Wei YingAllen & Gledhill LLP
Aaron Lee Teck ChyeAllen & Gledhill LLP
Lee May LingAllen & Gledhill LLP
Christopher Anand DanielAdvocatus Law LLP
Ganga AvadiarAdvocatus Law LLP
Tan Shu LingAdvocatus Law LLP

4. Facts

  1. P executed a lasting power of attorney in favor of WEX on 22 January 2021.
  2. WEW filed FC/OSM 202/2021 to have P declared mentally unfit when he executed the LPA.
  3. Dr [D] certified P sufficiently sound to execute an LPA after examining P on 2 December 2020 and 22 January 2021.
  4. WEW claimed that WEX defrauded or unduly influenced P.
  5. K refuted WEW’s claims and stated that WEW was the cause of the disharmony in the home.
  6. P was physically and mentally frail by the time of the appeal and no longer able to recognize WEW.

5. Formal Citations

  1. WEWvWEX and another appeal, , [2022] SGHCF 32

6. Timeline

DateEvent
P executed a lasting power of attorney in favor of WEX.
WEW filed FC/OSM 78/2021 for an order declaring that P is incapable of managing his affairs.
WEW filed FC/OSM 202/2021 to have P declared mentally unfit when he executed the LPA and that the LPA be revoked.
Judgment reserved.
Judgment reserved.
Judgment issued.

7. Legal Issues

  1. Mental Capacity to Execute Lasting Power of Attorney
    • Outcome: The court found that P had the mental capacity to execute the LPA.
    • Category: Substantive
  2. Undue Influence
    • Outcome: The court found no evidence of undue influence.
    • Category: Substantive
  3. Costs
    • Outcome: The court upheld the costs awarded against WEW.
    • Category: Procedural

8. Remedies Sought

  1. Order declaring that P is incapable of managing his affairs
  2. Revocation of the LPA

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Mental Capacity Act (Cap 177A, 2010 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Lasting Power of Attorney
  • Mental Capacity Act
  • Mental Capacity
  • Undue Influence
  • Costs

15.2 Keywords

  • family justice
  • mental capacity
  • lasting power of attorney
  • appeal
  • Singapore

17. Areas of Law

Area NameRelevance Score
Lasting Power of Attorney90
Mental Capacity Law85
Family Law75
Costs60
Wills and Probate30

16. Subjects

  • Family Law
  • Mental Capacity
  • Lasting Power of Attorney