VUW v VUT: Mental Capacity Act & Appointment of Deputies Dispute

The case involves multiple appeals (HCF/DCA 49/2021, HCF/DCA 50/2021, HCF/DCA 52/2021, HCF/DCA 53/2021, and HCF/RAS 14/2021) concerning the appointment of deputies for P, who lacks mental capacity due to dementia, under the Mental Capacity Act. The High Court, Family Division, heard appeals from both friends (VUT and VUU) and relatives (VUW, VUX, VUY, and VUZ) of P, who both sought to be appointed as P's deputies. The court allowed the relatives' appeals and dismissed the friends' appeals, appointing VUX and VUY as P's deputies and VUZ as the successor deputy.

1. Case Overview

1.1 Court

General Division of the High Court (Family Division)

1.2 Outcome

Appeals in HCF/DCA 49/2021 and HCF/DCA 50/2021 allowed. Appeals in HCF/DCA 52/2021 and HCF/DCA 53/2021 dismissed. No order as to HCF/RAS 14/2021.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The case concerns appeals regarding the appointment of deputies for P under the Mental Capacity Act. The court appointed VUX and VUY as deputies, prioritizing family ties.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
VUWAppellant, Respondent, Defendant, ApplicantIndividual
VUXAppellant, Respondent, Defendant, ApplicantIndividual
VUYAppellant, Respondent, Defendant, ApplicantIndividual
VUZAppellant, Respondent, Defendant, ApplicantIndividual
VUTRespondent, Appellant, PlaintiffIndividual
VUURespondent, Appellant, PlaintiffIndividual

3. Judges

Judge NameTitleDelivered Judgment
Debbie OngJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Lee Ee YangCovenant Chambers LLC
Tan Jia Jun JamesCovenant Chambers LLC
Lua Wei Liang WilburCovenant Chambers LLC
Yam Wen Ee BenjaminRay Louis Law Corporation
Lee Wan SimAlan Shankar & Lim LLC
Lim Poh ChooAlan Shankar & Lim LLC

4. Facts

  1. P is a 71-year-old widow with no children.
  2. P was diagnosed with dementia in August 2016.
  3. Plaintiffs and Defendants both applied to be appointed P's Deputies.
  4. P made a will in June 2017 potentially benefitting the Plaintiffs.
  5. The 2nd Plaintiff was nominated as the sole beneficiary of a few of P’s insurance policies in February 2019.
  6. Defendants claimed a sum of S$250,000 had been withdrawn from P’s bank account on 18 February 2019.
  7. There was a mortgage of P’s properties in Hong Kong on 7 December 2017 for a loan of HK$8,500,000.00.

5. Formal Citations

  1. VUW and others v VUT and another and other appeals, , [2021] SGHCF 41

6. Timeline

DateEvent
P was first diagnosed with dementia.
P made a will potentially benefitting the Plaintiffs.
Mortgage of P’s properties in Hong Kong for a loan of HK$8,500,000.00.
A sum of S$250,000 was withdrawn from P’s HSBC Singapore bank account.
The 2nd Plaintiff was nominated as the sole beneficiary of a few of P’s insurance policies.
P was diagnosed as suffering from moderate to severe dementia.
Application by the Defendants to administer interrogatories in FC/SUM 3697/2019.
Plaintiffs applied to be appointed P’s Deputies in FC/OSM 226/2019.
Defendants applied to be appointed P’s Deputies in FC/OSM 500/2019.
Judgment issued.

7. Legal Issues

  1. Appointment of Deputies under the Mental Capacity Act
    • Outcome: The court appointed VUX and VUY as P's Deputies, and VUZ as the successor Deputy.
    • Category: Substantive
    • Sub-Issues:
      • Best interests of the person lacking capacity
      • Suitability of proposed deputies
      • Potential conflicts of interest

8. Remedies Sought

  1. Appointment as Deputy under the Mental Capacity Act

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Family Justice
  • Deputyship Applications

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Mental Capacity Act (Cap 177A, 2010 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Mental Capacity Act
  • Deputies
  • Dementia
  • Best interests
  • Jointly and severally

15.2 Keywords

  • Mental Capacity Act
  • Deputies
  • Dementia
  • Family Dispute
  • Singapore

17. Areas of Law

Area NameRelevance Score
Mental Capacity Law95
Deputyship Applications90
Family Law70
Wills and Probate50
Civil Procedure30

16. Subjects

  • Mental Capacity
  • Deputyship
  • Family Law