Wei Xuan Timothy Chan, ‘The Doctrine of Mutual Wills in Singapore: VTL v VTM [2021] SGHCF 30′

ABSTRACT
In VTL v VTM [2021] SGHCF 30, the Singapore High Court had the opportunity to consider the application of the rarely-invoked mutual wills doctrine. The court gave effect to the mutual wills by holding that a subsequent will was invalid and revoking the grant of probate that had been obtained by the executors of that subsequent will. The court in so doing departed from the orthodox understanding that a mutual will takes effect by imposing a constructive trust over the relevant property, rather than by rendering a subsequent will invalid. This comment reviews the law on mutual wills in Singapore and elsewhere, and suggests that VTL v VTM was a missed opportunity to unpack some of the thorny issues that have yet to be resolved in relation to the doctrine.

Chan, Wei Xuan Timothy, The Doctrine of Mutual Wills in Singapore: VTL v VTM [2021] SGHCF 30 (November 25, 2021). Singapore Journal of Legal Studies, forthcoming.

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