WZK & Anor v WZJ

[2024] SGHCF 39 High Court (Family Division) 30 October 2024 • HCF/DCA 43/2024|HCF/DCA 46/2024 • 11 min read

Catchwords

Succession and Wills — Revocation — later instrument

Practice Areas

Succession and Wills

Judges (1)

Choo Han Teck Delivered

Counsel (6)

Emerald Law LLC Firm Mahmood Gaznavi Chambers LLC Firm Ee Chonghui Callie Counsel Respondent Hsu Sheng Wei Keith Counsel Respondent Mahmood Gaznavi s/o Bashir Muhammad Counsel Appellant Rezza Gaznavi Counsel Appellant

Parties (3)

WZJ Respondent WZK Appellant WZL Appellant

Case Significance

WZK and another v WZJ and another appeal [2024] SGHCF 39 was a decision of the General Division of the High Court (Family Division) in the Family Justice Courts (District Court Appeals Nos 43 and 46 of 2024), delivered by Choo Han Teck J on 30 October 2024. The cross appeals concerned the revocation of a will by a later instrument. As found by Sobha Nair DJ after eight days of trial, the Deceased, a divorced man, died on 20 October 2019 leaving three children: an eldest daughter (the first Defendant), a younger daughter who was not a party, and a son (the Plaintiff). The Deceased had executed a will on 30 May 2017 (the "May Will") revoking a prior will executed in August 2016. Under the May Will, properly executed in a lawyer's office in Singapore with the lawyer as a witness, the first Defendant was named executrix and trustee, the Plaintiff substitute executor and trustee, and the three children equal beneficiaries. The Deceased moved to Johor, Malaysia in December 2017.

Summary

In these cross-appeals, the children of a deceased divorced man disputed the validity of a will dated 28 December 2017 (the December Will) that had surfaced and was said to supersede an earlier will of 30 May 2017 (the May Will), with the first Defendant bearing the onus of proving the contested December Will's validity. The Plaintiff also appealed against the trial judge's refusal to remove the first Defendant as executor and replace him in her place. The High Court (Family Division), per Choo Han Teck J, found no reason to disturb the trial judge's findings of fact and dismissed both appeals (DCA 43 and DCA 46), with parties to submit on costs in writing within 14 days.

What did WZK and another v WZJ and another appeal [2024] SGHCF 39 concern?

Decided by Choo Han Teck J in the Family Justice Courts, the cross appeals concerned the revocation of a will by a later instrument. The Deceased's May 2017 will revoked a prior will from August 2016 and named his three children as equal beneficiaries.

Referenced in

Legal concepts & references

Contested wills in Singapore: capacity, knowledge and approval, undue influence

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGHCF 39)