XBO v XBP
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Judges (1)
Counsel (5)
Parties (2)
Case Significance
XBO v XBP [2024] SGHCF 36 was decided by Tan Siong Thye SJ in the General Division of the High Court (Family Division) in Suit No 7 of 2019, heard over 11-14, 18-20 June and 23 September 2024 with judgment reserved to 9 October 2024. The plaintiff (XBO) and the defendant (XBP) are the children of the late testator, Mr [A], whose estate included a single-storey bungalow described as the Property.
In 2012 the testator made a will giving his estate, including the Property, to the plaintiff, having in 2011 made an earlier will bequeathing the Property to the defendant. The parties did not challenge the execution of the 2011 Will; the defendant challenged the 2012 Will on the ground that the testator lacked testamentary capacity, making that the central issue. Tan Siong Thye SJ found that the testator had testamentary capacity when he made the 2012 Will, held the 2012 Will to be the last true will, granted the plaintiff's suit in HCF/S 7/2019 for pronouncement in solemn form and probate of the 2012 Will, and dismissed the defendant's counterclaim. The plaintiff was represented by Lisa Sam & Company (Sam Hui Min Lisa) and the defendant by Tan Rajah & Cheah, including Sudhershen Hariram and Tan Shaofeng Donny.
Summary
In this suit, two children of the late testator disputed which of his wills was valid: a 2012 Will leaving his estate, including a bungalow, to the plaintiff, and an earlier 2011 Will leaving the property to the defendant, with the defendant challenging the 2012 Will on the ground that the testator lacked testamentary capacity. Tan Siong Thye SJ found that the testator had testamentary capacity when he made the 2012 Will, held that the 2012 Will was his last true will, granted the plaintiff's claim for pronouncement in solemn form and probate of the 2012 Will, and dismissed the defendant's counterclaim. The court ordered the parties to bear their own costs, finding that the defendant had a reasonable case for inquiring into the validity of the 2012 Will.
What did the court decide in XBO v XBP about the testator's will?
In [2024] SGHCF 36, Tan Siong Thye SJ found that the testator had testamentary capacity when making the 2012 Will, held it to be his last true will, granted the plaintiff probate and pronouncement in solemn form in HCF/S 7/2019, and dismissed the defendant's counterclaim relying on the 2011 Will.
What was the central issue in XBO v XBP [2024] SGHCF 36?
The central issue was whether the testator, the late Mr [A], had the requisite testamentary capacity to execute the 2012 Will. The defendant challenged the 2012 Will, which gave the estate to the plaintiff, while not disputing execution of the earlier 2011 Will favouring the defendant.
Cases Cited (25)
Judgment
Read the full judgment on the official Singapore Courts portal.
Read on eLitigationSource: eLitigation ([2024] SGHCF 36)