XVT

The application was dismissed because the statutory will sought did not advance P's best interests or reflect P's own intentions, primarily served family members' interests, lacked unanimous family consent, and viable, less intrusive alternatives existed; thus the court would not exercise its narrow power under s23(1)(k).

Citation: [2025] SGFC 129
Parties: Applicant/deputy for P: XVT; Person Alleged to Lack Capacity: P; Sibling/proposed Beneficiary: John
Court: Family Court
Jurisdiction: Singapore
Judgment Date: 4 December 2025
Case Number: FC/OAM 246/2025|HCF/DCA 137/2025
Procedural Posture: Statutory Will Application Under Mental Capacity Act 2008 S23(1)(k) / Hearing on Application; Dismissed (uncontested)
Outcome: Application dismissed
Legal Topics: Statutory Will, Best Interests, Deputyship, Intestacy
Source Language: English

Family Law Mental Capacity Succession Law Statutory Will Best Interests Deputyship Intestacy

Case Brief

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Parties

XVT

Applicant/deputy for P

Person Alleged to Lack Capacity

John

Sibling/proposed Beneficiary

Procedural Posture

Statutory Will Application Under Mental Capacity Act 2008 S23(1)(k) / Hearing on Application; Dismissed (uncontested)

Legal Issues

1 Whether court should exercise power under s23(1)(k) to execute a statutory will for P
2 Whether the proposed statutory will advances P's best interests including post-death interests
3 Whether family convenience or intentions justify use of s23(1)(k)

Ratio Decidendi

Court Disposition

Application dismissed

Orders

Application for a statutory will under s23(1)(k) of the Mental Capacity Act 2008 is dismissed

XVT