Chapter 1 - Wills & Succession - Grounds to Invalidate Will Flashcards
WILL & SUCCESSION - GROUNDS TO INVALIDATE WILL
Overview
1) Pre-requisites
2) Grounds to challenge
PRE-REQUISITIES
Overview
1) Locus to challenge - meaning & scope, the test
2) Burden of proof
3) Discharging the burden of proof
PRE-REQUISITIES
Locus to challenge - meaning & scope
Lee Ngan Fong v Gan Bo Tan & Ors:
- party must have sufficient locus to challenge a will;
- question of locus goes to jurisdiction of court;
- i.e. without locus, no court can confer jurisdiction on the parties.
PRE-REQUISITES
Locus to challenge - the test
Lee Ngan Fong v Gan Bo Tan & Ors:
- whether the party will benefit from the declaration of the will, whether invalid or valid.
PRE-REQUISITES
Burden of proof
1) Lee Ing Chin v Gan Yook Chin:
- Burden of proving sufficient testamentary capacity: on the will propounder;
- Burden of proving due execution: on the will propounder;
- Burden of proving suspicious circumstances: on the party who alleges;
- Burden of dispelling suspicious circumstances: on the will propounder.
2) Tan Kay Soon v Tan Ching Lin (HC, 2020)
- will propounder has the burden to:
1 - prove that testator duly executed the will;
2 - prove that testator had the testamentary capacity;
3 - dispel any suspicious circumstances surrounding the execution of the will
PRE-REQUISITES
Discharging the burden of proof
READ + KNEW + APPROVED
Lee Ing Chin v Gan Yook Chin:
by showing that:
- the testator had his will READ over him;
- the testator KNEW & APPROVED the contents of the will.
GROUNDS TO CHALLENGE
Overview
1) Lack of testamentary capacity
2) Minor testator
3) Improper execution
4) Suspicious circumstances
LACK OF TESTAMENTARY CAPACITY
Overview
1) Meaning of testamentary capacity;
2) Test for testamentary capacity;
3) Time for test of testamentary capacity;
4) Application & examples;
5) Burden of proving sufficient testamentary capacity.
LACK OF TESTAMENTARY CAPACITY
Meaning of testamentary capacity
Banks v Goodfellow
- Testator shall:
1) Understand the nature of the act & its effect;
2) Understand the extent of the property of which he is disposing
3) Understand the claims to which he ought to give effect
- No disorder of mind shall:
1) Poison his affections;
2) Pervert his sense of right;
3) Prevent the exercise of his natural faculties.
- No insane delusion shall:
1) influence his will in disposing his property;
2) bring about a disposal which a sound mind would not have been made.
LACK OF TESTAMENTARY CAPACITY
Test for testamentary capacity
Tho Yow Pew v Chua Kooi Hean:
- very slight testamentary capacity is required;
As long as he understands that he:
- GIVE: he is giving his property to someone else;
- MEMORY: has memory & extent of all of his property;
- CLAIM: understands the nature of the claims to his estate by the beneficiaries.
He is deemed to have sufficient testamentary capacity.
LACK OF TESTAMENTARY CAPACITY
Time for testamentary capacity
Randolph Yap Pow King & Anor v Yvonne Yap Yoke Sum & Ors
- at the time when the testator signs his will.
LACK OF TESTAMENTARY CAPACITY
Application & examples
- Naive, gullible & easily influenced
Manuel Frank Simon & Anor v Jean Sharina:
- naive, gullible & easily influenced does NOT equal to lack of testamentary capacity.
LACK OF TESTAMENTARY CAPACITY
Application & examples
- confusion
Karn Woon Lin v Cheah Chor Bok:
- confusion is not an incapacity;
- being confused does not equal to lacking in testamentary capacity.
LACK OF TESTAMENTARY CAPACITY
Application & examples
- very sick
Lee Ing Chin v Gan Yoke Chin:
- mere bodily-ill or imperfect memory do not amount to lack of testamentary capacity.
LACK OF TESTAMENTARY CAPACITY
Application & examples
- mental disorder or insane delusion
Tho Yow Pew v Chua Kooi Hean:
- insane delusion & insanity at the time of making will is required to vitiate testamentary capacity
LACK OF TESTAMENTARY CAPACITY
- Burden of proving sufficient testamentary capacity
Lee Ing Chin v Gan Yook Chin:
- to establish sufficient testamentary capacity: on the will propounder;
- by proving the deceased was of sound mind, memory & understanding.
MINOR TESTATOR
The law
S.4 WA
- the will put forward by minor is void & invalid.
IMPROPER EXECUTION
Overview
1) The law
2) Example of proper execution
3) Example of improper execution
4) Recent application
IMPROPER EXECUTION
The law
Proper execution - S.5 WA
-
IMPROPER EXECUTION
Example of proper execution
Karn Woon Lin v Cheah Chor Bok
- thumbprint is another mode of attestation;
- thumbprint is a valid execution.
IMPROPER EXECUTION
Example of improper execution
Choo Mooi Kooi v Chin Choon Jun:
- impropriety in the execution of the will COUPLED with questionable testator’s mental capacity may amount to improper execution.
IMPROPER EXECUTION
Recent application
HC, 2020
Tan Kay Soon v Tan Ching Lin
- will propounder has the burden to show that the will is properly executed by virtue of S.5;
- witnesses must be credible & independent for the court to accept the evidence.
SUSPICIOUS CIRCUMSTANCES
Overview
1) Scope
2) Dispelling suspicious circumstances
3) Examples
4) Appellate intervention
SUSPICIOUS CIRCUMSTANCES
Scope
Thow Yow Pew v Chua Kooi Hean:
- suspicious circumstances must relate to the making of the will;
- suspicious circumstances are not to be directed to the testamentary capacity.
SUSPICIOUS CIRCUMSTANCES
Dispelling suspicious circumstances
Eu Boon Yeap v Ewe Kean Hoe:
- by showing that the deceased is of competent mind & had his will read over him.
SUSPICIOUS CIRCUMSTANCES
Examples
- Omission of important details
Ch’ng Khen Phong v Chung Keng Huat:
- failure to insert IC numbers in the will prepared by solicitor amounted to suspicious circumstances.
SUSPICIOUS CIRCUMSTANCES
Examples
- Unmatched signatures
Chen Ngow @ Chen Seong Chia:
- unmatched signatures of the deceased in the 2nd will amounted to suspicious circumstances.
SUSPICIOUS CIRCUMSTANCES
Examples
- Medical evidence of the deceased
Tok Siew Ling & Anor v Low Chee Choy:
- medical evidence showed that the deceased would have been too weak to date the will;
- this amounted to suspicious circumstances.
SUSPICIOUS CIRCUMSTANCES
Appellate intervention
Khiaw Cheng Poon v Khaw Cheng Bok:
- Existence of suspicious circumstances is a question of fact;
- An appellate court lacking in audio visual advantage would be slow to intervene.
