A Singapore court has dismissed an application by a man seeking to have his 97-year-old father declared mentally incapable after the elderly businessman expressed his intention to marry his long-time mistress, ruling that mental capacity cannot be judged solely on age or physical appearance.
In a judgment cited by Chinese-language newspaper Lianhe Zaobao on Tuesday, January 27, the family court found that the patriarch, who remains chairman of the chemical company he founded in the 1960s, had the mental capacity to make independent decisions, including the decision to remarry.
Court proceedings revealed that the businessman had been involved in an extramarital relationship with his secretary since 1971. The couple had a child together, while he had three sons with his wife, whom he married in 1950. His wife, who was aware of the affair, died in 2014 without divorcing him.
In 2016, the secretary moved into the businessman's home, which he shared with his second son and the latter's family. In mid-2021, she informed the family that she and the businessman intended to marry on June 11 that year. She said she wished to be legally married in accordance with her Catholic faith and would leave if the family opposed the union.
Following a family meeting, the businessman's second son applied to the family court to have his father declared mentally incompetent. He alleged that his father's mental capacity had declined after a fall in 2017 and claimed the elderly man showed signs of dementia, arguing that he was being influenced or manipulated by others.
A grandson initially lodged an objection to the marriage but later withdrew it. After learning of the legal actions, the businessman evicted the grandson from his home and revised his will to exclude both the son and grandson from inheriting any property unless they withdrew their applications.
The patriarch also initiated two civil suits — one against his second son to recover S$3.8 million in company funds, and another against his grandson over his refusal to vacate the property. Both cases remain before the courts.
In dismissing the application, Family Court Judge Shobha Nair noted that the second son's claims were inconsistent with his past actions. Despite alleging mental deterioration since 2017, he had accepted his father's decision to appoint him general manager of the company in 2019. The judge also cited recorded conversations between the businessman and his grandson, which demonstrated that the elderly man was aware of his actions and decisions.
Judge Nair said the man's slower speech, requests for repetition and occasional confusion could be attributed to normal ageing rather than dementia. Medical assessments showed that while the businessman had mild cognitive impairment, including short-term memory loss, this did not affect his ability to understand matters or make decisions such as marriage or changes to his will.
In her judgment, Judge Nair urged against public speculation over the reasons a 97-year-old might wish to remarry. "As long as we confirm that the person involved possesses the mental capacity, we must respect his decision," she said, as quoted by South China Morning Post, adding that the court's role was not to assess whether a decision was morally or logically acceptable, but whether it was made freely and independently.
She also found no evidence that the secretary intended to defraud the businessman, noting that their relationship had lasted more than 50 years — longer than many marriages. The judge observed that the sons' actions were likely driven by emotional pain linked to their mother's suffering during the long-running affair.
Citing Singapore's Mental Capacity Act, Judge Nair cautioned against assumptions about an elderly person's cognitive abilities based on age, appearance or behaviour. The second son has since filed an appeal against the ruling.
The case comes amid Singapore's rapidly ageing population. There are about 1,800 centenarians in the country, around 20% more than five years ago, according to a CNA report in January. The number of citizens aged 80 and above has risen by about 60% since 2015, and the Ministry of Health has projected that Singapore will reach "super-aged" status this year, with more than 21% of its population aged 65 and above.
