WLR v WLT: Costs Allocation in Mental Capacity Act Proceedings for P's Deputyship and LPA Revocation

In the Family Justice Courts of Singapore, Choo Han Teck J addressed the issue of costs following originating summonses under the Mental Capacity Act concerning P, who suffers from severe Alzheimer's disease. The disputes involved applications by siblings WLR (J), WLT (W), and WLU (T) regarding P's deputyship and the revocation of her Lasting Power of Attorney. The court ordered specific allocations of costs, including J bearing the costs for the LPA revocation application, P's estate bearing costs for W's deputyship application, and T bearing costs for J's and W's applications.

1. Case Overview

1.1 Court

Family Justice Courts of the Republic of Singapore

1.2 Outcome

Costs orders made regarding applications for deputyship and revocation of a Lasting Power of Attorney.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

The court determined the allocation of costs among siblings J, W, and T following disputes over their mother P's deputyship and LPA revocation under the Mental Capacity Act.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
WLRPlaintiff, DefendantIndividualCosts to be paid by TPartial
WLSPlaintiffIndividualNeutralNeutral
WLTDefendant, PlaintiffIndividualCosts to be paid by PPartial
WLUDefendant, PlaintiffIndividualCosts to be paid to JLost
WMBPlaintiffIndividualNeutralNeutral
POtherIndividualCosts to be paid to WPartial

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Lim Lei ThengAllen & Gledhill LLP
Hu HuiminCNPLaw LLP
See Tow Soo LingCNPLaw LLP
Oei Ai Hoea AnnaTan Oei & Oei LLC

4. Facts

  1. Three siblings (J, W, and T) commenced applications regarding their mother P, who suffers from severe Alzheimer's disease.
  2. The applications concerned the appointment of a deputy for P and the revocation of a Lasting Power of Attorney (LPA).
  3. J and Ms Low Seow Ling applied to be appointed as joint deputies.
  4. W applied to be appointed as deputy jointly with J and Ms Low.
  5. T applied for Mr Lau Chin Huat to be appointed as sole deputy and to revoke P’s LPA.
  6. The court found that J had proceeded to have P’s LPA executed despite Dr Adrian Wang’s opinion that P lacked the mental capacity to execute an LPA.
  7. The court determined that W's application was motivated predominantly by the best interest of P.

5. Formal Citations

  1. WLR and another v WLT and another and other matters, , [2024] SGHCF 20

6. Timeline

DateEvent
Dr. Adrian Wang's consultation regarding P's mental capacity to execute an LPA
Lasting Power of Attorney executed
Deputyship Applications commenced
Application commenced to revoke a Lasting Power of Attorney
Consolidated Applications heard
Judgment handed down
Judgment reserved
Judgment delivered

7. Legal Issues

  1. Allocation of Costs in Mental Capacity Act Proceedings
    • Outcome: The court determined the allocation of costs among the parties based on the outcome of the various applications and their conduct in the proceedings.
    • Category: Procedural
    • Related Cases:
      • [2022] 4 SLR 1181
      • [1995] 3 SLR(R) 310
  2. Revocation of Lasting Power of Attorney
    • Outcome: The court granted the revocation of P's LPA.
    • Category: Substantive
  3. Appointment of Deputy
    • Outcome: The court granted the application of J and W to be appointed as joint deputies in part, and dismissed T's application.
    • Category: Substantive

8. Remedies Sought

  1. Appointment as Deputy
  2. Revocation of Lasting Power of Attorney
  3. Costs

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Family Litigation
  • Mental Capacity Applications
  • Deputyship Applications
  • Lasting Power of Attorney

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
WLR and another v WLT and another and other mattersGeneral Division of the High Court (Family Division)Yes[2023] 5 SLR 1372SingaporeRefers to the judgment on the substantive issues of the deputyship and LPA revocation applications, providing context for the costs dispute.
VVB v VVAN/AYes[2022] 4 SLR 1181SingaporeCited for the principle that the determination of the 'event' for costs goes beyond the formal outcome to the substantive outcome.
Chan Choy Lin v Chua Che TeckCourt of AppealYes[1995] 3 SLR(R) 310SingaporeCited for the principle that more is required than defending personal points of view in MCA proceedings.

13. Applicable Rules

Rule Name
r 851(2) of the FJR
r 852(2) of the FJR
r 190(1) of the FJR
rr 854 and 856 of the FJR

14. Applicable Statutes

Statute NameJurisdiction
Mental Capacity Act 2008Singapore
Family Justice Rules 2014Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Mental Capacity Act
  • Lasting Power of Attorney
  • Deputyship
  • Costs
  • Family Justice Rules
  • Best Interests
  • Alzheimer's disease

15.2 Keywords

  • Mental Capacity Act
  • Lasting Power of Attorney
  • Deputyship
  • Costs
  • Singapore
  • Family Law

17. Areas of Law

Area NameRelevance Score
Mental Capacity Law95
Costs90
Lasting Power of Attorney80
Deputyship Applications70
Family Law60
Civil Procedure50
Wills and Probate30
Undue Influence15
Legal Profession Act10

16. Subjects

  • Mental Capacity
  • Family Law
  • Civil Procedure
  • Costs