WWI v WWJ: Testamentary Capacity, Mental Disability & Will Revocation Dispute

In WWI v WWJ, the High Court (Family Division) heard an appeal from a decision by the District Judge regarding the validity of three wills executed by the parties' mother. The respondent, WWJ, sought probate based on the third will, while the appellant, WWI, contested its validity, citing a second will. The District Judge found the second and third wills invalid due to the mother's lack of testamentary capacity and upheld the validity of the first will. The High Court dismissed the appeal, affirming the District Judge's decision and finding no basis to overturn the trial judge’s finding regarding the 1st Will.

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 validity of three wills. The court upheld the District Judge's decision, finding the first will valid due to the invalidity of the subsequent wills.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
WWIAppellantIndividualAppeal dismissedLost
WWJRespondentIndividualAppeal dismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Daniel KohCNPLaw LLP
Hu HuiminCNPLaw LLP
Chung Ting FaiChung Ting Fai & Co

4. Facts

  1. The respondent and appellant are brothers disputing their mother's estate.
  2. The mother executed three wills: the 1st Will in 2005, the 2nd Will in 2017, and the 3rd Will in 2017.
  3. The 1st Will bequeathed the estate to the respondent, with $5,000 to each of seven daughters.
  4. The 2nd Will bequeathed the entire estate to the appellant.
  5. The 3rd Will was similar to the 1st Will, with an increased sum of $10,000 to the fourth to tenth daughters.
  6. The mother's mental capacity was questioned after a poor score on a Mini-Mental State Examination in March 2017.
  7. The District Judge found the 2nd and 3rd Wills invalid due to the mother's lack of testamentary capacity.

5. Formal Citations

  1. WWI v WWJ, District Court Appeal No 10 of 2024, [2024] SGHCF 28

6. Timeline

DateEvent
Father died
1st Will executed
Mother scored poorly in a Mini-Mental State Examination
2nd Will executed
Mother had a medical examination
Respondent brought the Mother to see Dr JBL
Deed of transfer executed
JBL issued a medical certificate
Mother examined by Dr FN
Mother examined by Dr FN
Dr NBY reviewed the Mother
Mother died
Respondent engaged WTL to apply for probate
Grant of probate given by order of court
Respondent reneged on family arrangement
Respondent commenced OS 801
Appellant commenced FC/Suit 1 of 2022
Trial commenced before DJ Chiang
DJ Chiang delivered his verdict
Judgment reserved
Judgment

7. Legal Issues

  1. Testamentary Capacity
    • Outcome: The court found that the Mother lacked the mental capacity to make the 2nd and 3rd Wills.
    • Category: Substantive
    • Sub-Issues:
      • Mental disability
      • Influence and manipulation
  2. Validity of Wills
    • Outcome: The court upheld the validity of the 1st Will, finding the 2nd and 3rd Wills invalid.
    • Category: Substantive
    • Sub-Issues:
      • Suspicious circumstances
      • Rationality of terms

8. Remedies Sought

  1. Revocation of Probate
  2. Grant of Probate

9. Cause of Actions

  • Revocation of Probate

10. Practice Areas

  • Probate
  • Family Law
  • Estate Planning

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
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Testamentary capacity
  • Lasting Power of Attorney
  • Probate
  • Mental disability
  • Will revocation
  • Mini-Mental State Examination

15.2 Keywords

  • Will
  • Testamentary capacity
  • Probate
  • Family dispute
  • Singapore
  • High Court
  • Appeal

17. Areas of Law

Area NameRelevance Score
Testamentary Capacity95
Wills and Probate90
Estate Administration85
Undue Influence70

16. Subjects

  • Family Law
  • Succession and Wills
  • Probate Law