Singh v Singh

The case of Singh v Singh involved the executors of the will of the deceased, seeking a grant of probate in solemn form. The deceased's adopted son had assisted in giving instructions to the solicitors who prepared the will, which was read to the deceased before he signed it. The court was required to decide whether the deceased had the necessary capacity to execute the will, and whether he understood the legal effect of the will. Additionally, the court had to consider whether the deceased had knowledge and approval of the will, given the suspicious circumstances surrounding its execution.

The court considered the evidence presented regarding the deceased's capacity and understanding of the will. It was noted that the deceased suffered from dementia and had been hospitalised for depression. The court found that the deceased lacked the capacity to execute the will due to his cognitive impairment. The court also held that the deceased did not have knowledge and approval of the will, as he was not adequately informed of the legal effect of the will and the assets he was disposing of.

Based on the findings, the court declined to grant probate in solemn form and ordered that the estate be administered in the deceased's family provision jurisdiction. The court held that the adopted son had not made adequate provision for the disabled family members of the deceased and that the circumstances surrounding the execution of the will were suspicious.

The final orders of the court included the refusal of the grant of probate in solemn form, the administration of the estate in the family provision jurisdiction, and the appointment of a Public Trustee as the administrator of the estate. The court also directed that the adopted son provide financial support to the disabled family members of the deceased.