Re Estate of BKR: Mental Capacity Act & Management of Patient's Property

The Court of Appeal of Singapore heard an application (CA/SUM 36/2023) following the death of BKR, for whom the court had previously appointed deputies to manage her property and affairs under the Mental Capacity Act. The deputies sought orders for their discharge, authorization to pay the Independent Legal Advisor's fees, and remuneration for their services after BKR's death. The court granted the discharge order but dismissed the application for the authorization and remuneration orders, holding that it lacked jurisdiction under the MCA after BKR's demise and that the deputies and ILA should seek payment from the executors of BKR's estate.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Application dismissed in part; Discharge Order granted, Authorisation Order and Remuneration Order denied.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Court of Appeal decision regarding the authority of deputies after the death of a patient under the Mental Capacity Act. The court discharged the deputies but denied orders for remuneration and payment of fees.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
AURAppellantIndividualNeutralNeutralPoh Yee Shing
CYAppellantIndividualNeutralNeutralPoh Yee Shing
AUTRespondentIndividualNeutralNeutralZhu Ming-Ren Wilson
AIRespondentIndividualNeutralNeutralZhu Ming-Ren Wilson
BKRRespondentIndividualNeutralNeutralZhu Ming-Ren Wilson
Ms Chee Ai Lien EuniceApplicantIndividualPartialPartialAlcina Lynn Chew Aiping, Teo Su Ning Gillian
Mr Tam Chee ChongApplicantIndividualPartialPartialAlcina Lynn Chew Aiping, Teo Su Ning Gillian
Mr Wong Yuen Weng ErnestApplicantIndividualPartialPartialAlcina Lynn Chew Aiping, Teo Su Ning Gillian
Ms Marina Chin Li Yuen SCApplicantIndividualPartialPartialAlcina Lynn Chew Aiping, Teo Su Ning Gillian

3. Judges

Judge NameTitleDelivered Judgment
Sundaresh MenonChief JusticeNo
Belinda Ang Saw EanJustice of the Court of AppealYes
Andrew Phang Boon LeongSenior JudgeNo

4. Counsels

Counsel NameOrganization
Alcina Lynn Chew AipingTan Kok Quan Partnership
Teo Su Ning GillianTan Kok Quan Partnership
Poh Yee ShingShook Lin & Bok LLP
Zhu Ming-Ren WilsonRajah & Tann Singapore LLP

4. Facts

  1. BKR lacked the mental capacity to make decisions regarding her property and affairs.
  2. The court appointed Ms Chee Ai Lien Eunice, Mr Tam Chee Chong, and Mr Wong Yuen Weng Ernest as deputies to manage BKR's affairs.
  3. Ms Marina Chin Li Yuen SC was appointed as the independent legal advisor to the deputies.
  4. BKR passed away on 25 May 2023.
  5. The deputies filed SUM 36 seeking discharge of their appointments, authorization to pay the ILA's fees, and remuneration for their services after BKR's death.
  6. The executors of BKR's estate did not object to the claims of the deputies and ILA for remuneration, fees, and expenses.

5. Formal Citations

  1. Re Estate of BKR, deceased, Civil Appeal No 27 of 2014 (Summons No 36 of 2023), [2024] SGCA 4
  2. Re BKR, , [2015] 4 SLR 81
  3. In re Wheater, , [1928] Ch 223

6. Timeline

DateEvent
Court decision in Re BKR [2015] 4 SLR 81 to appoint deputies for BKR.
Court appointed Ms Chee Ai Lien Eunice, Mr Tam Chee Chong and Mr Wong Yuen Weng Ernest as Deputies.
Court appointed Ms Marina Chin Li Yuen SC as the Independent Legal Advisor to the Deputies.
BKR passed away.
Deputies worked from 1 January 2023 until 25 May 2023 in relation to their role as Deputies.
Deputies filed SUM 36 seeking discharge and authorization for payments.
Court of Appeal delivered judgment.

7. Legal Issues

  1. Jurisdiction of the Court under the Mental Capacity Act after the death of a person lacking mental capacity
    • Outcome: The court held that it does not have the jurisdiction to grant orders under the Mental Capacity Act after the demise of the person lacking capacity, except for concluding or ending the court's involvement in the person's affairs.
    • Category: Jurisdictional
    • Sub-Issues:
      • Scope of court's residual jurisdiction
      • Authority of deputies after death of incapacitated person

8. Remedies Sought

  1. Discharge of the appointments of the Deputies and the ILA
  2. Authorization to approve payment of the ILA’s fees and disbursements out of BKR’s property
  3. Entitlement to reasonable remuneration in respect of their role for the period following BKR’s demise

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Estate Planning
  • Mental Health Law
  • Civil Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Re BKRCourt of AppealYes[2015] 4 SLR 81SingaporeEstablished the need for deputies to be appointed to make decisions on behalf of BKR due to her lack of mental capacity.
In re WheaterN/AYes[1928] Ch 223England and WalesCited for the principle that the court's lunacy jurisdiction lasts only as long as the mentally incapacitated person is alive or remains incapacitated.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Mental Capacity Act 2008Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Mental Capacity Act
  • Deputies
  • Independent Legal Advisor
  • Discharge Order
  • Authorisation Order
  • Remuneration Order
  • Residual Jurisdiction
  • Executors of Estate

15.2 Keywords

  • Mental Capacity Act
  • deputies
  • estate
  • jurisdiction
  • Singapore
  • court of appeal

16. Subjects

  • Mental Capacity
  • Estate Administration
  • Civil Procedure

17. Areas of Law

  • Mental Capacity Law
  • Trusts and Estates
  • Civil Procedure