WZK v WZJ: Will Revocation Dispute - Validity of December Will Challenged

In the Family Justice Courts of Singapore, Choo Han Teck J heard cross-appeals (DCA 43/2024 and DCA 46/2024) regarding the validity of two wills of the deceased. The first Defendant, WZK, appealed against the trial judge's decision to uphold the May 2017 will, while the Plaintiff, WZJ, appealed against the decision not to remove WZK as the executor. The court dismissed both appeals, finding insufficient evidence to support the validity of the December 2017 will and affirming the trial judge's decision to allow WZK to remain as executor, subject to faithful discharge of her duties.

1. Case Overview

1.1 Court

General Division of the High Court (Family Division)

1.2 Outcome

Appeals dismissed.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Cross-appeals concerning the validity of a will. The court dismissed the appeal, upholding the earlier will due to doubts surrounding the later will's execution.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
WZKAppellant, RespondentIndividualAppeal dismissedLost
WZLAppellant, RespondentIndividualAppeal dismissedLost
WZJRespondent, AppellantIndividualAppeal dismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Mahmood Gaznavi s/o Bashir MuhammadMahmood Gaznavi Chambers LLC
Rezza GaznaviMahmood Gaznavi Chambers LLC
Hsu Sheng Wei KeithEmerald Law LLC
Ee Chonghui CallieEmerald Law LLC

4. Facts

  1. The Deceased executed a will on 30 May 2017 (May Will) leaving his estate to his three children.
  2. The Deceased purportedly executed another will on 28 December 2017 (December Will) leaving his estate to his grandchildren.
  3. The first Defendant is the executrix and trustee under the May Will.
  4. The second Defendant is the executrix and trustee under the December Will.
  5. The circumstances surrounding the execution of the December Will were disputed.
  6. The trial judge disbelieved the second Defendant's testimony regarding the December Will.
  7. The Plaintiff's expert testified that the signature on the December Will was not that of the Deceased.

5. Formal Citations

  1. WZK and another v WZJ and another, , [2024] SGHCF 39
  2. WZK, District Court Appeal No 43 of 2024, District Court Appeal No 43 of 2024
  3. WZJ, District Court Appeal No 46 of 2024, District Court Appeal No 46 of 2024

6. Timeline

DateEvent
Prior will executed
May Will executed
Deceased moved to stay with the first Defendant after a heart attack
December Will purportedly executed
Deceased moved to Johor, Malaysia
Deceased died
Lawyer met with Plaintiff and his mother
Lawyer met with the first Defendant
Judgment reserved
Judgment delivered

7. Legal Issues

  1. Revocation of Will
    • Outcome: The court found insufficient evidence to prove the validity of the December Will, thus the May Will was not revoked.
    • Category: Substantive
    • Sub-Issues:
      • Validity of subsequent will
      • Proper attestation and execution of will
      • Testator's sound mind at time of execution
  2. Executor Removal
    • Outcome: The court declined to remove the first Defendant as executor, finding that the assets of the estate were clearly identified and she was on notice to discharge her duties faithfully.
    • Category: Procedural

8. Remedies Sought

  1. Declaration of Validity of Will
  2. Revocation of Probate
  3. Removal of Executor

9. Cause of Actions

  • Probate Dispute
  • Will Contest

10. Practice Areas

  • Probate
  • Estate Administration
  • 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
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Will
  • Revocation
  • Executor
  • Beneficiary
  • Attestation
  • Sound mind
  • Signature
  • Thumbprint
  • Probate
  • Trustee

15.2 Keywords

  • Will
  • Revocation
  • Probate
  • Family Dispute
  • Singapore
  • Succession

17. Areas of Law

Area NameRelevance Score
Wills and Probate95
Estate Administration90
Revocation of Will80
Will Execution70
Evidence Law60

16. Subjects

  • Wills and Probate
  • Family Disputes