Introduction
- Case Title: WWI vs. WWJ
- Court: Singapore High Court (SGHCF)
- Date of Decision: 6 August 2024
- Judge: Justice Choo Han Teck
Background and Story:
This case involves a legal dispute between two brothers, WWI and WWJ, over the validity of three Wills written by their mother. The main issue centered around the second Will, which was created with the help of a will writing firm but was later declared invalid by the court.
The family’s story begins with their father, who built a successful business and managed several properties before passing away in 1993. After his death, the family continued living together, but tensions grew over how the mother’s estate should be divided. WWJ, the older brother, had been helping manage the family business and caring for their mother, while WWI, the younger brother, became more involved in the mother’s estate planning as she aged.
Key Events Leading to the Dispute:
- The First Will:
In 2005, the mother, concerned about her property, created her first Will. This will left most of her estate to WWJ, with smaller gifts to her other children. The Will was made in the presence of a lawyer. - Decline in the Mother’s Health:
By 2016, the mother’s health was worsening. In early 2017, she took a basic mental test and did not do well, raising concerns about her ability to make decisions. Despite a doctor recommending a more detailed evaluation, this was not done. - The Second Will:
Instead of following up with a more thorough health check, WWI arranged for his mother to create a second Will in April 2017. This Will left everything to WWI. The Will was witnessed only by estate planners but not by a person who was qualified to assess the mental state of the testator. - Growing Concerns and the Third Will: After learning about the second Will, WWJ took his mother for another check-up, during which she expressed doubts about the documents she had signed. WWJ then arranged for his mother to create a third Will, which was similar to the first, but with some changes.
- Conflicting Medical Opinions:
As time passed, the mother’s health continued to decline. Doctors gave conflicting opinions about her ability to make decisions. One doctor, consulted by WWI, diagnosed her with moderate dementia and suggested that any decisions made in the past year might not be valid due to her mental state.
The Legal Dispute and Court Decision:
The court invalidated both the second and third Wills, affirming that the mother lacked mental capacity at the time of their signing. Consequently, the first Will was upheld as the only valid document. The court highlighted that WWI was aware of his mother’s deteriorating mental state, yet failed to take appropriate steps to ensure she was mentally competent to create a new Will. Additionally, the court noted that the estate planners, who acted as witnesses, lacked the necessary qualifications to assess the mother’s mental state, further weakening the credibility of the second Will, and the circumstances suggested that the Will might have been influenced by WWI’s interests rather than his mother’s true wishes.
Key Issues Highlighted by the Case:
- Failure to Properly Assess Mental Capacity:
The most critical mistake was not conducting a thorough mental capacity assessment before the second Will was signed. A basic mental test was conducted, but the warning signs were ignored, leading to doubts about whether the mother understood what she was doing. - Unqualified Witnesses:
The second Will’s credibility was compromised by the reliance on estate planners as witnesses, who lacked the expertise to confirm the mother’s capacity to understand the document she was signing. - Suspicious Timing and Circumstances:
The second Will was made shortly after the mother’s cognitive decline became apparent, and without adequate medical or legal safeguards. This created suspicion that the Will was made under undue influence. - Family Conflict and Lack of Transparency:
The ongoing disagreements between siblings, combined with the lack of clear communication, intensified the dispute. Poor documentation and hidden intentions only fuelled the legal battle.
Ensuring Better Practices in Will Execution
- Thorough Mental Capacity Assessments:
If there’s any concern about a person’s mental state, it’s crucial to get a proper evaluation by a qualified doctor. This ensures that the person is fully aware of their decisions when making the Will. - Use Qualified Witnesses:
For more complex cases like this, where there is reason to believe that the Testator might not have the full mental capacity to make a Will, having experienced and impartial witnesses, such as medical professionals, becomes even more critical. They can further verify that the Will was signed freely and with full understanding, providing an additional safeguard against any potential challenges. - Avoiding Suspicious Circumstances:
The timing of Will creation should be carefully considered. Writing or amending a Will during periods of mental decline without proper safeguards can raise red flags and increase the likelihood of a legal challenge. - Encourage Open Discussions and Documentation:
Clear communication about estate plans among family members and transparent documentation can help prevent misunderstandings and legal disputes.
All estate planning companies should therefore observe the above practices to ensure that their clients’ Wills get probated smoothly and avoid unnecessary disputes.
This article was first published in our newsletter, The Custodian Issue 31. Click here to access our latest newsletter
