XVT

A deputy for his mentally incapacitated brother applied under s 23(1)(k) of the Mental Capacity Act for a statutory will to be executed on P's behalf, directing that P's HDB flat be left to another brother (John) who had originally transferred his rights in the flat to P. The application was uncontested except by one sibling. The Family Court dismissed the application, finding the statutory will did not advance P's best interests as P had no expressed intention regarding the flat, and granting it would set bad precedent by using the MCA to circumvent intestacy laws for the benefit of third parties.