Contesting A Will On Grounds Of Lack Of Testamentary Capacity And/Or Lack Of Knowledge Or Approval Of Will's Contents

• Published date: 05 May 2023
• Subject Matter: Litigation, Mediation & Arbitration, Family and Matrimonial, Trials & Appeals & Compensation, Wills/ Intestacy/ Estate Planning
• Law Firm: BR Law Corporation
• Author: Ms Foo Soon Yien

The contents of a will may arouse suspicion and beg a second look. In such cases, one can choose to contest the will. There are several grounds on which an individual can dispute the validity of a will. This article will elaborate on two such grounds: lack of testamentary capacity (i.e. the deceased did not have the mental capacity to make a will) and lack of knowledge or approval of the will's contents.

Lack of testamentary capacity

In Chee Mu Lin Muriel v Chee Ka Lin Caroline [2010] SGCA 27 ("Muriel Chee"), the Court of Appeal held that testamentary capacity is generally presumed where the following conditions are met:

1. The terms of the will are rational;
2. The deceased executed the will in ordinary circumstances and
3. The deceased was not suffering from any kind of mental disability.

Therefore, in contesting the will, the claimant needs to rebut this presumption by showing contrary evidence.

For example, the claimant may show that the deceased suffered from an illness prior to the making of the will, which caused his testamentary capacity. The cases have shown that the illness must be serious enough to cause testamentary incapacity:

1. In ULV v ULW [2019] SGHCF 2, the Court found that mere bodily ill-health and imperfect memory were insufficient to find lack of testamentary capacity;
2. In Banks v Goodfellow (1870) LR 5 QB 549, the English Court of Appeal held that the deceased had testamentary capacity even though he suffered from delusions. This was because he had made his will during a period of lucidity.

Where the presumption of testamentary capacity does not arise and/or is rebutted by the claimant

In such an event, the propounder of the will needs to prove the requisite elements of testamentary capacity. These elements were succinctly set out by the High Court in George Abraham:

1. The deceased understood the nature of the act and what its consequences were;
2. The deceased knew the extent of his property of which he was disposing;
3. The deceased knew who his beneficiaries were and could appreciate their claims to his property; and
4. The deceased was free from an abnormal state of mind that might distort feelings or judgments relevant to the will.

In determining the above factors, the Court will consider the totality of the evidence as a whole, including the factual component (such as evidence of friends and family) and the medical component. It will generally accord weight to both types of evidence so long as the factual and medical witnesses had the...