While drafting a Will is an essential first step, ensuring that it is properly signed and executed is equally critical in ensuring its validity. Without proper adherence to legal formalities, a Will may be vulnerable to challenges. In many cases, inheritance is accepted without issue, but conflicts can arise when beneficiaries feel they have been either been unfairly treated or that other beneficiaries might have been undeserving of the purported gifts. This often leads to legal battles over the Will’s legitimacy, with challenges typically centered on concerns such as the testator’s intent, mental capacity, undue influence, or allegations of forgery. Ensuring that a Will is properly executed helps to minimize these risks and provides certainty in carrying out the testator’s final wishes.

In this month’s Family Legacy Planning article, we delve into the case of XAT v XAU and another [2025] SGHCF 4 (“XAT v XAU”), a cautionary tale that underscores the complexities of Will execution. Through this case, we will examine key issues such as testamentary capacity, and the importance of (1) meticulous record-keeping; (2) keeping the Will in a safe and accessible place; and (3) ensuring that the Will is signed in a neutral environment. By understanding the issues presented in this case, we can take proactive measures to minimize disputes and safeguard the interests of our loved ones.

Case Overview

In XAT v XAU, the appellant challenged the validity of her late husband’s Will, which excluded her from inheriting any assets. The deceased’s Will, executed five days after a major medical procedure, left his entire estate to his half-sister, the second respondent. The Will explicitly stated that the appellant was not to inherit any of his assets because he believed she had only married him to extend her stay in the country and that their marriage had never been consummated.

The appellant alleged that the Will was invalid due to the testator’s lack of testamentary capacity, undue influence exerted by the respondents, and potential forgery. The Court dismissed her claims, finding that the appellant simply did not have the requisite evidence to show such suspicious circumstances as to shift the burden to the respondents to demonstrate the testator’s intent and capacity, nor were there sufficient evidence to show undue influence or forgery being committed by the respondents.

The case offers key takeaways for legal practitioners and clients alike, emphasizing the necessity of a well-documented Will execution process to safeguard against potential disputes.

 Key Issues and Lessons Learnt

1. Testamentary Capacity and the Presumption of Validity

One of the core issues in this case was whether the deceased had the requisite testamentary capacity when he executed the Will. As stated in [22] of XAT v XAU “…Testamentary capacity is prima facie established when the Will is executed in ordinary circumstances where the testator was not shown to be suffering from any mental disability. The party challenging the Will may rebut this presumption by adducing evidence to the contrary…” Accordingly, a Will that is executed in ordinary circumstances is presumed valid as the testator is taken to have the requisite mental capacity for such execution. The burden to prove otherwise thus, rests upon the party seeking to challenge the Will.

The appellant argued that the testator’s mental capacity was impaired following an amputation procedure. However, in paragraph [23] of its judgement, the Court took into account the medical records which indicated that “the deceased was alert, comfortable, oriented to time, place and person and with stable vital signs on …the date on which the Will was dated.” and found that there was no further reason to doubt whether the testator had the requisite mental capacity.

Lesson: Taking steps to document a testator’s mental capacity, especially in the presence of serious health conditions, can prevent disputes later on. A simple note from a medical doctor or psychiatrist can offer invaluable support in case of a challenge.

2. Addressing Allegations of Forgery and Lost Documents

The appellant had also alleged that the Will was forged. The respondents claimed the original Will was lost, and only a certified copy was available for examination by the Health Sciences Authority (“HSA”). The forensic analysis conducted by the HSA was inconclusive which led to the Court’s conclusion that there was insufficient evidence to find that the respondents had forged the Will.

Lesson: Keeping the original Will in a safe, accessible place (even after the issuing of the Grant of Probate) and ensuring trusted individuals know its whereabouts can prevent suspicions of forgery and unnecessary delays in estate distribution. In this case, if the original Will had been obtained, there would have been greater clarity on its authenticity.

3. Preventing Claims of Undue Influence

The appellant alleged undue influence, suggesting that the deceased was pressured into signing the Will while in a vulnerable state. The Court, in [36], quoting the case of ULV v ULW [2019] 3 SLR 1270 at [68], stated that “the appellant has to show that the deceased was not merely persuaded but pressured into losing his freedom of choice, or that the deceased was coerced into doing that which he did not desire to do”. Accordingly, the Court stated that the appellant could not provide any concrete evidence to show that there had been any coercion and dismissed the claim.

Lesson: Ensuring the Will is executed in a neutral, supportive environment— in the absence of any one who could potentially have any interest in the matter—can help prevent disputes. An example would be having the Will signed before neutral parties such as a lawyer or doctor and his team. Encouraging open conversations about estate planning can also reduce suspicions and misunderstandings.

4. Legal Precautions in Unconventional Circumstances

The court acknowledged that the execution of the Will shortly after the deceased’s major surgery raised valid concerns about his state of mind. Despite the absence of explicit evidence of incapacity, the case suggests that taking extra precautions in unconventional situations is prudent.

Lesson: Special circumstances, such as significant medical events, require additional precautions to ensure the validity of a Will. Seeking professional advice in such situations can be invaluable at ensuring certainty and reduce any risks of disputes.

Conclusion

The case of XAT v XAU serves as a powerful reminder that executing a Will is far more than a procedural formality. It involves navigating legal, emotional, and practical complexities that, if not handled correctly, can lead to disputes, delays, and unintended consequences. Ensuring that a Will is properly executed requires careful planning, clear documentation, and adherence to legal safeguards to mitigate potential challenges.

By understanding key issues such as testamentary capacity, undue influence, and the importance of maintaining original Will documents, families can take proactive steps to prevent conflicts. Seeking legal guidance and ensuring that the testator’s wishes are clearly documented and properly executed can go a long way in protecting a family’s legacy and avoiding unnecessary litigation.

Planning for the future should be a process of assurance, not one of contention. Taking the right precautions today can help ensure that a testator’s final wishes are respected and that loved ones can move forward with clarity and peace of mind.

How can SMTP Help

At SMTP, we understand that estate planning and Will execution require a deep appreciation of legal frameworks, family dynamics, and individual circumstances. Tapping on decades of experience and our very own Wealth Legacy Screening process (involving a detailed, step-by-step, fact-finding process to determine a client’s circumstances and needs), our lawyers are able to assist you on the drafting and execution of your Will in a systematic and structured manner, ensuring certainty and clarity in the management and distribution of your estate, ensuring that personal wishes are honored while minimizing potential disputes.

We recognize that no two cases are the same. That is why we take the time to understand each client’s situation, providing practical guidance tailored to their specific concerns. Whether it is ensuring that a Will is properly executed, securely stored, or safeguarded against challenges, we aim to provide clarity and reassurance throughout the process. If you have any questions or require assistance with Will execution, trusts, or estate matters, our team is available to help navigate these complexities.