UVJ and others v UVH and others and another  SGCA 49: judgment here; Supreme Court case summary here.
Significance: The Court of Appeal set out the law on account of profits and causation in claim against trustees and executors of a will and estate.
The case illustrates the possible course of action which beneficiaries of an estate may be able to take in holding executors / administrators of estates or wills to account, including for delay in providing information to the beneficiaries upon request and failing to distribute assets from the estate in a timely manner without good reasons.
Continue reading “Case: UVJ and others v UVH and others and another  SGCA 49 – account of profits and causation in claim against executors of will / estate”
(Correct as at 2 June 2020)
What are the practical and legal repercussions if an expatriate living in Singapore passes on? Especially if the expatriate has family and assets in Singapore.
Continue reading “Article: What if an expatriate dies in Singapore?”
Significance: Singapore Court of Appeal clarifies that in determining whether a testator had testamentary capacity and/or knowledge of the contents of the will, the Court cannot regard all suspicious circumstances, whether or not they relate to the execution and preparation of the will, to be taken into account in determining if the usual presumption that a testator who has testamentary capacity knew and approved the contents of the will operates. Circumstances are relevant only if they attend or relate to the preparation and execution of the will. Otherwise, all kinds of non-related circumstances may be used to rebut the presumption. See . Chee Mu Lin Muriel v Chee Ka Lin Caroline (Chee Ping Chian Alexander and another, interveners)  4 SLR 373 affirmed, clarified.
Case Update: HSBC Trustee (Singapore) Limited v Carolyn Fong Wai Lyn  SGHC 31
Significance: Singapore High Court interprets will holistically (as opposed to a clause-specific construction), orders estate’s properties to be mortgaged to raise funds for professional trustees’ fees and costs, and refuses to order that trustees be discharged as Court found it was not in the interests of beneficiaries given the ongoing litigation in relation to the estate.
What is a will?
A will is a legal document that is executed by an individual, declaring how his estate is to be managed and his assets distributed when he dies. A will may only be made by a person who is at least 21 years of age and has mental capacity to execute a will.
Continue reading “Article: Wills and Testamentary Dispositions”