Woman's Bid to Contest Husband's Will Dismissed by High Court

A Woman's Bid to Contest Husband's Will Dismissed

A High Court judge in Singapore has dismissed a woman's attempt to contest her husband's will, which left her nothing upon his death in 2015. The husband, who died in September 2015, stated in his will that he did not want to leave anything to his wife because he only married her to help her extend her stay in Singapore as an accompanying person to her child.

The wife, a Chinese national, came to Singapore on a long-term visit pass with her daughter. She became her husband's tenant in 2011 and married him in 2013. The husband was the sole owner of the three-room flat where they lived together. When he died, he left all his assets, including the flat, to his half-sister.

The wife previously challenged the validity of the will, but her claim was dismissed by a district judge. On Tuesday, Justice Choo Han Teck dismissed her appeal against that decision.

Making of the Will

The husband, a diabetic, was hospitalized after feeling breathless in July 2015. He received surgery to amputate his left foot on August 12, 2015, and purportedly signed his will five days later. He died in September 2015.

The judge considered evidence from one of the man's friends who claimed to have known him for more than 45 years. According to this friend, the man said his wife had not visited him in the hospital. Realizing that his wife did not care for him, he told the friend that his marriage was a sham and that he did not wish to leave his flat to his wife.

The friend testified that the man asked him to help prepare his will. The friend made the arrangements, and the man signed his will in the hospital. The executor, who was the man's nephew, and two witnesses were present.

Mental Capacity and Validity of the Will

The judge found that the will was not executed in ordinary circumstances and could not be presumed that the man had the mental capacity to make decisions about it at the time. However, medical records and testimonies from those present at the signing of the will pointed towards him having the mental capacity to make such decisions.

The judge also noted that the beneficiaries of the will were not directly related to the man's friend or nephew, who were present at the signing. This further supported the validity of the will.

Wife's Arguments and Evidence

The wife argued that she did not need to marry her husband to extend her stay in Singapore and that their marriage was not a sham. However, the judge found that she did not provide sufficient evidence to support these claims.

The judge also found insufficient evidence that the will was forged. He observed that seeking professional help when drafting a will, especially at one's deathbed, is crucial to avoid such disputes.