Family legal dispute settles in favor of the eldest child
In a recent ruling, the Appellate Division of the High Court of Singapore has upheld an earlier decision in a long-standing inheritance dispute between two siblings. The case, known as XBP (appellant) v XBO (respondent), revolved around the validity of a 2012 will that left the entire estate to the respondent, XBO.
The testator, a senior civil servant born in 1922, lived independently until his death in March 2019 at the age of 96. The 2012 will, which revoked all earlier wills, was executed under suspicious circumstances, with concerns raised due to the son's involvement in drafting the will and its speedy signing. However, these concerns were overcome by clear evidence that the testator knew and approved of the will's contents.
The court found that the testator, despite being 90 years old at the time, possessed testamentary capacity when he executed the will in November 2012. This was supported by the testimony of two individuals who witnessed the will's execution, stating that the testator appeared lucid and clear-minded.
The appellant, XBP, the deceased's daughter, challenged the will's validity, asserting that her father had lost testamentary capacity due to dementia. However, the court dismissed this claim, agreeing with XBO's argument that even some memory loss did not automatically imply a lack of testamentary capacity.
The respondent's legal team, led by Senior Counsel Narayanan Sreenivasan SC, presented evidence that contradicted XBP's arguments. This included the testator's past medical records, which did not indicate conclusive diagnoses of dementia or Alzheimer's disease. Furthermore, the court referred to a conversation between the testator and one witness, which showed the testator understood what he was doing and intended to leave his estate to XBO.
On the other hand, XBP's arguments were based on medical records from Changi General Hospital dated November 2012 which noted "Alzheimer's Disease? Vascular dementia" in the patient's history. However, these records were not substantiated by medical testimony in court.
In the end, the court affirmed that the testator had testamentary capacity and knew and approved of the 2012 will's contents. As a result, XBO was granted probate of the will, and XBP was ordered to pay her brother's legal costs of SGD 50,000 (GBP 29,000).
This ruling brings an end to a long-standing dispute between the two siblings, with the court's decision upholding the validity of the 2012 will and confirming XBO as the rightful heir to the testator's estate.
