Ong Wui Jin v Ong Wui Teck: Upholding Validity of Will & Probate Grant

The High Court of Singapore dismissed an appeal by Ong Wui Jin, Ong Wui Swoon, Ong Wui Leng, and Ong Wui Yong against the decision of the District Judge in favor of Ong Wui Teck, the eldest son of the deceased, Mdm Chew Chen Chin. The appeal challenged the validity of a will dated 3 January 2005, which granted probate to Ong Wui Teck as the sole executor. The court upheld the District Judge's decision, finding that the will was valid and that the deceased had the testamentary capacity to execute it. The primary legal issue was whether the deceased knew and approved the contents of the will, particularly a clause that returned $50,000 to Ong Wui Teck.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal dismissed, upholding the validity of a will and granting probate to the eldest son. The key issue was the deceased's testamentary capacity.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Ong Wui TeckRespondentIndividualAppeal DismissedWon
Ong Wui JinAppellantIndividualAppeal DismissedLost
Ong Wui LengAppellantIndividualAppeal DismissedLost
Ong Wui YongAppellantIndividualAppeal DismissedLost
Ong Wui SwoonAppellantIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Chan Sek KeongChief JusticeYes

4. Counsels

Counsel NameOrganization
Lim Joo ToonJoo Toon & Co
Alfred DodwellClifford Law LLP

4. Facts

  1. The deceased executed a will on 3 January 2005 while hospitalized.
  2. The will stipulated that $50,000 be returned to the Respondent before the remaining estate was divided.
  3. The Appellants challenged the will's validity, alleging lack of testamentary capacity and undue influence.
  4. A psychiatrist examined the deceased before the will's execution and certified her mentally fit.
  5. The will was read and interpreted to the deceased in the presence of witnesses, including two Appellants.
  6. An unexecuted will was drafted days later, omitting the $50,000 clause, but the deceased died before signing it.

5. Formal Citations

  1. Ong Wui Jin and Others v Ong Wui Teck, DA 1/2008, [2009] SGHC 50
  2. Ong Wui Teck v Ong Wui Jin, , [2008] SGDC 103

6. Timeline

DateEvent
Deceased admitted to Singapore General Hospital.
Deceased executed the Will.
Dr. Ng examined the deceased and certified her mentally fit to make a will.
Deceased discharged from the hospital.
First appellant tried to get Spring Tan to change the Will.
Leroy Tan and his assistant visited the first appellant and the deceased at home to draft a new will.
Deceased died.
Ong Wui Teck v Ong Wui Jin [2008] SGDC 103 decision issued.
Appeal dismissed by the High Court.

7. Legal Issues

  1. Validity of Will
    • Outcome: The court held that the will was valid.
    • Category: Substantive
    • Sub-Issues:
      • Testamentary Capacity
      • Undue Influence
      • Duress
      • Knowledge and Approval of Contents
    • Related Cases:
      • [2008] SGDC 103
      • [1999] 2 SLR 579
      • [2005] EWHC 6 (Ch)
  2. Testamentary Capacity
    • Outcome: The court found that the deceased had testamentary capacity when she executed the will.
    • Category: Substantive
  3. Knowledge and Approval of Contents
    • Outcome: The court found that the deceased knew and approved the contents of the will.
    • Category: Substantive

8. Remedies Sought

  1. Invalidation of Will
  2. Denial of Probate

9. Cause of Actions

  • Challenge to Validity of Will
  • Lack of Testamentary Capacity
  • Undue Influence

10. Practice Areas

  • Estate Planning
  • Probate Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Ong Wui Teck v Ong Wui JinDistrict CourtYes[2008] SGDC 103SingaporeThe decision of the District Judge that was being appealed against.
R Mahendran v R ArumuganathanUnknownYes[1999] 2 SLR 579SingaporeCited for the principle that the burden of proof lies on the propounder of the will to prove that the deceased knew and approved the contents of the will, and the fact of execution.
Reynolds v ReynoldsHigh Court of JusticeYes[2005] EWHC 6 (Ch)England and WalesCited regarding the burden of proof in will challenges and distinguished based on differing facts.
Fuller v StrumUnknownYes[2001] 1 WLR 1097England and WalesCited regarding the civil burden of proof based on a balance of probability.
Wintle v NyeUnknownYes[1959] 1 WLR 284England and WalesCited regarding the degree of suspicion and the strength of affirmative proof required to remove it in will challenges.
Boyse v RossboroughHouse of LordsYes(1857) 6 HLC 2; 10 ER 1192United KingdomMentioned as part of a vast body of probate case law that was irrelevant to the single issue of fact in this appeal.
Garnett-Botfield v Garnett-BotfieldUnknownYes[1901] P 335England and WalesMentioned as part of a vast body of probate case law that was irrelevant to the single issue of fact in this appeal.
Hastilow v StobieUnknownYes(1865) LR 1 P & D 64England and WalesMentioned as part of a vast body of probate case law that was irrelevant to the single issue of fact in this appeal.
Wingrove v WingroveUnknownYes(1885) 11 PD 81England and WalesMentioned as part of a vast body of probate case law that was irrelevant to the single issue of fact in this appeal.
Lazar Joseph Peter v Joseph F LazarDistrict CourtYes[2001] SGDC 404SingaporeMentioned as part of a vast body of probate case law that was irrelevant to the single issue of fact in this appeal.
Lamkin v BabbUnknownYes(1752) 1 Lee 1; 161 ER 1England and WalesMentioned as part of a vast body of probate case law that was irrelevant to the single issue of fact in this appeal.
Hall v HallUnknownYes(1868) LR 1 P & D 481England and WalesMentioned as part of a vast body of probate case law that was irrelevant to the single issue of fact in this appeal.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Will
  • Testamentary Capacity
  • Probate
  • Undue Influence
  • Duress
  • Executor
  • Beneficiary
  • Thumb Print
  • Interpretation
  • Attendance Note

15.2 Keywords

  • Will
  • Probate
  • Testamentary Capacity
  • Singapore
  • Succession
  • Estate
  • Appeal

17. Areas of Law

Area NameRelevance Score
Wills and Probate90
Succession Law90
Testamentary Capacity70

16. Subjects

  • Wills and Probate
  • Estate Litigation