Yeo Henry (executor and trustee of the estate of Ng Lay Hua, deceased) v Yeo Charles and others

• Jurisdiction: Singapore
• Judge: Andrew Ang SJ
• Judgment Date: 11 October 2016
• Neutral Citation: [2016] SGHC 220
• Court: High Court (Singapore)
• Docket Number: Suit No 967 of 2013
• Published date: 14 October 2016
• Year: 2016
• Hearing Date: 05 June 2015,10 June 2015,12 October 2015,03 June 2015,02 June 2015,11 June 2015,04 December 2015,04 June 2015
• Plaintiff Counsel: Deborah Barker SC, Gopalan Raman and Priscilla Shen Peishi (KhattarWong LLP)
• Defendant Counsel: Siraj Omar and Premalatha Silwaraju (Premier Law LLC)
• Subject Matter: Succession and wills,Testamentary capacity,Mental disability
• Citation: [2016] SGHC 220

Andrew Ang SJ: Introduction

The plaintiff in this case seeks to propound the will dated 2 August 2012 (the “2012 Will”) of the late Mdm Ng Lay Hua (“Mdm Ng”) who died on 18 March 2013, a widow aged 88 years. The plaintiff is the sole executor and trustee appointed under the 2012 Will and the principal beneficiary thereunder.

Mdm Ng is survived by four children comprising an equal number of sons and daughters, namely: The elder son, Mr Charles Yeo, the first defendant (“the first defendant” or “Charles”); The elder daughter, Mdm Yeo Wee Tsan (“Wee Tsan”); The younger son, Mr Henry Yeo, the plaintiff (“the plaintiff” or “Henry”); and The younger daughter, Mdm Yeo Wee Yong (“Wee Yong”).

Charles has two children, namely: Mr John Yeo, the second defendant (“the second defendant” or “John”). John is married and, at the time of Mdm Ng’s death, had two sons; and Ms Evangeline Yeo, the third defendant (“the third defendant” or “Evangeline”). Evangeline is not married.

Wee Tsan is married and has a married daughter, Ms Mabel Lee, and a granddaughter.

Henry and Wee Yong are both married but have no children.

Mdm Ng had executed several wills in her lifetime. Apart from the 2012 Will, she had earlier executed other wills including: On 26 May 2009 (“the 2009 Will”); On 4 July 2008 (“the 2008 Will”); On 23 January 2002 (“the 2002 Will”); and On 6 July 1997.

The defendants seek to impugn the 2008, 2009 and 2012 Wills on the basis that Mdm Ng lacked the testamentary capacity to execute any of them. (I shall hereafter refer to them collectively as “the disputed Wills”.) If they succeed, this will leave the 2002 Will as the last will of the deceased. All the wills were prepared by Ms Ang Hooi Yeong, Pauline (“Pauline Ang”), an advocate and solicitor whom Mdm Ng had known for many years. Pauline Ang witnessed the execution of every will, in each instance together with another advocate and solicitor or a secretary in her office.

In seeking to propound the 2012 Will, strictly, all that the plaintiff is required to do is to prove the validity of the 2012 Will. However, the dispositions under the 2009 and the 2012 Wills are the same, the only difference being in the executors. In other words, the dispositions in the 2012 Will originated in the 2009 Will. For this reason, the plaintiff has chosen to defend the 2009 Will as well. Even if he were to fail in propounding the 2012 Will but succeeds in defending the 2009 Will, his inheritance would still be the same. In contrast, in order for the second and third defendants to have the full benefit of the dispositions in their favour, they will need to succeed in their challenge regarding the validity of all three of the disputed Wills.

Originally, Charles was the sole defendant seeking to impugn the disputed Wills on the basis, amongst others, that, if Mdm Ng had not lacked testamentary capacity, she would have provided for him (as the elder son) as well as for his children, John and Evangeline, under the disputed Wills. Successfully impugning the disputed Wills would leave the 2002 Will as the last valid testamentary disposition of Mdm Ng. However, in the midst of trial, when he learnt that he was not a beneficiary under the 2002 Will either, the question as to his standing to contest the Wills arose. For this reason, John and Evangeline joined as the second and third defendants respectively. They too challenged the disputed Wills on the ground that Mdm Ng lacked testamentary capacity and did not know what she had executed. This formed the basis for their counterclaim in which they sought a pronouncement against the 2012 Will, a declaration that the 2009 and 2008 Wills were void and invalid, and a pronouncement in favour of the 2002 Will.

Background

Mdm Ng was born on 5 January 1925 and died on 18 March 2013, aged 88. She spoke Hokkien and Mandarin, was fairly conversant in English and could also speak some Bahasa Melayu. She was by nature quiet and reserved, but had strong views and opinions.

According to Pastor Koh Yee Leng (“Pastor Koh”), a pastor of Jubilee Church who had known her for over 30 years, Mdm Ng was a devoted Christian who was clear about her religious convictions and had great reverence for God. She was brought up in a Christian family and married Yeo Chee Kiat of the Yeo family which also had a strong Christian tradition. During her lifetime she attended church regularly, giving tithes and helping the needy.

Yeo Chee Kiat, who died in 1985, was a founding director of Yeo Hiap Seng Ltd. Mdm Ng bore him the four children earlier mentioned.

Except for Wee Yong, who has resided in Sweden since 1982, the other children reside in Singapore. However, Wee Yong spoke to her mother often and would return to Singapore during certain periods (such as during the last two months of her father’s life and when her mother chose to spend the Chinese New Year period in Hong Kong). From 2006, she visited her mother in Singapore almost yearly.

Mdm Ng was an accomplished business woman and enjoyed much success investing in real property and in stocks and shares. Her estate included the following assets which are specifically the subject of the present dispute: The property at No 64 Sian Tuan Avenue, Singapore 588338, at which she resided immediately before her death (“64 Sian Tuan Avenue”); The property at No 6 Watten Terrace, Singapore 287230 (“6 Watten Terrace”); The property at No 55, Hua Guan Avenue, Singapore 589151 (“55 Hua Guan Avenue”); and A portfolio of stocks and shares.

Mdm Ng lived at 55 Hua Guan Avenue for about 35 years. After Charles’ marriage in 1974, he and his family had dinner almost every evening at 55 Hua Guan Avenue except for a brief period after the death of his father in 1985.

Mdm Ng and her husband had made gifts to their children over the years. In 1975, they gave Wee Tsan 54 Hua Guan Avenue. Before the father died, in 1985, Charles and Henry each received a house from the parents. In 1989, Mdm Ng gave Wee Tsan another property at 29 Binjai Park because she had given some shares to Charles and Henry. Mdm Ng did not give any property to Wee Yong because she was afraid Wee Yong would sell the property and donate the proceeds to charity. However, in 1997, Wee Yong asked for a loan from the mother so that she could buy an apartment in Sweden where she lived. Mdm Ng happily did so. (The defendants say the apartment was purchased for Wee Yong but nothing turns on it.) Mdm Ng also remitted money periodically to Wee Yong despite Wee Yong’s assurances that she had enough. In later years, Henry took over the task of remitting the money on the mother’s behalf.

In 1998, owing to renovation work on 55 Hua Guan Avenue, Mdm Ng moved into 64 Sian Tuan Avenue, next to Charles’ house. She lived there for the rest of her life. Throughout this period, Charles and his family continued to have dinner at Mdm Ng’s house almost daily.

In the 2002 Will, Mdm Ng made the following provisions: 64 Sian Tuan Avenue was to be given to John and, failing him, to Evangeline (in the event John pre-deceased Mdm Ng leaving no issue) or to John’s children (in the event John pre-deceased Mdm Ng leaving issue); The property at 6 Watten Terrace was to be given to Evangeline and, failing her, to John (in the event Evangeline pre-deceased Mdm Ng leaving no issue) or to Evangeline’s children (in the event Evangeline pre-deceased Mdm Ng leaving issue); The property at 55 Hua Guan Avenue was to be given to the plaintiff and Wee Tsan’s daughter, Mabel Lee, equally; and The residuary estate to be given to the plaintiff and, failing him, to Wee Tsan.

In 2004, Mdm Ng was diagnosed with pancreatic cancer, based on clinical findings. She remained largely asymptomatic. In 2009, following her complaint of abdominal pain, an ultrasound examination showed a tumour mass in the pancreas. She was treated symptomatically. Over the years, she remained relatively symptom-free despite a large abdominal mass. When she passed away peacefully at home on 18 March 2013, the cause of death was certified as “Carcinoma Pancreas”. It was during this period between Mdm Ng’s diagnosis in 2004 and her death in 2013 that the key events of this dispute occurred.

Sometime in 2004, shortly after his return to Singapore following completion of his studies abroad, John moved in to live with Mdm Ng at 64 Sian Tuan Avenue. He stayed there until March 2009.

Initially, John attended church regularly but, sometime in 2005, he ceased to be a regular church-goer. On many occasions, Mdm Ng urged him to go to church. He agreed under cross-examination that Mdm Ng made it clear to him that it was important to her that he should attend church regularly.

On 27 May 2006, Mdm Ng fell in the bathroom at home. According to Charles, Evangeline found her sprawled on the floor and she had to be helped onto her bed. On 29 May 2006, Henry brought her to Mount Elizabeth Hospital where she was warded.

On 31 May 2006, she was transferred to the National University Hospital (“NUH”) and placed under the care of Professor Einar Wilder-Smith (“Prof Wilder-Smith”), a senior consultant in neurology. She stayed there until 20 June 2006. While there, she was diagnosed as having intermittent complex partial seizures (“ICPS”) which, according to Prof Wilder-Smith, was likely caused by hyponatraemia (ie, low sodium electrolyte content in the blood) and a concomitant urinary tract infection. Her mental state improved over the period of hospitalisation to the extent that on discharge she was oriented as to time, person and place. There is no evidence that Mdm Ng suffered any relapse of ICPS thereafter.

In August 2006, Mdm Ng was brought to see Associate Professor Pang Weng Sun (“Dr Pang”), a specialist in geriatric medicine at Alexandra Hospital. She followed him to Khoo Teck Puat Hospital when he moved there and remained under his care until her death in...