PSP 4 - Grants of Administration

The Inheritance Family Provision Act in Singapore, established in 1966, which outlines how dependents can claim for inheritance from a deceased person.

The IFPA applies only to non-Muslim Singaporean domiciliaries at the time of death.

Spouses, unmarried/disabled daughters, and infant sons are eligible to claim under the IFPA.

There are specific deadlines that must be met when making a claim under the IFPA.

The court can mandate provisions for maintenance in cases related to the IFPA.

A successful IFPA claim can limit the deceased's ability to make their own decisions in a will.

The UK's comparable act underwent substantial revisions, notably in 1975, differing significantly from Singapore's IFPA.

The court can extend the 6-month time limit for IFPA applications if it's unfair due to a newly found will/codicil, unresolved property disputes, or other relevant issues.

Sections 35, 36, and 37 of the IFPA lay out the factors the court must consider when deciding IFPA applications.

When advising clients about their wills, it's crucial to discuss the potential implications of the IFPA and warn about potential challenges executors might face if they don't provide for dependents.

A testator can specify reasons for not providing financial provisions for dependents in their will, potentially mitigating executor challenges.

A legal process where dependents of a deceased person can apply to the court for a share of the estate, even if they weren't mentioned in the will.

To be eligible for an IFPA claim, dependents must be properly identified. Factors include their age, relationship to the deceased, and financial dependence on them.

A widow can apply to the court for a regular payment from the deceased's estate to meet her living needs, similar to alimony during a divorce.

The court can consider the division of marital property in a divorce case when making a decision in an IFPA claim.

The court takes into account the widow's own financial resources, including income from property and family support, when determining her IFPA claim.

A successful IFPA application alters the deceased's estate, impacting inheritance and provisions for maintenance. The court can order changes to ensure dependents receive proper support, limiting the deceased's testamentary freedom.

The IFPA's order applies to both the will and the law of intestacy, meaning it affects how the deceased's assets are distributed, regardless of whether they had a will or not.

The IFPA's order is retroactive; it applies from the deceased's death, effectively making it part of the estate distribution as if it was always intended.

The IFPA doesn't allow maintenance claims for alleged children. This means claimants must be legally recognized descendants to be eligible for support.

The IFPA can be applied even in cases where a contentious marriage existed between the deceased and the applicant and divorce proceedings had begun.

Two key Court of Appeal decisions have helped to clarify the application of the IFPA: AAG & Estate of AAH Deceased (2010) and AOS & Estate of AOT Deceased (2012)

Even if divorce proceedings had begun, the IFPA might still be applicable, as evidenced by the AOS & Estate of AOT Deceased case.

The court has the authority to issue specific provisions outlining maintenance obligations as part of a successful IFPA claim.

The IFPA can significantly limit the deceased's testamentary freedom by allowing the court to order provisions for dependents even if those provisions weren't included in the will.

The IFPA's order is considered part of both the will and intestacy laws, influencing how estates are administered and distributed for all purposes.

The Inheritance (Family Provisions) Act in Singapore defines 'dependent' as a spouse, an unmarried daughter, and a son, including those adopted legally in Singapore, Malaysia, or Brunei.

The term 'en vente sommaire' means 'in the mother's womb'. A child conceived and in the womb at the time of the father's death is considered a 'dependent' eligible for inheritance.

The Family Justice Court can order reasonable financial provisions from the deceased's estate for dependents if the existing will or inheritance laws don't adequately provide for their maintenance.

If the surviving spouse receives at least two-thirds of the deceased's net estate's income, and the only other dependents are the surviving spouse's children, an IFPA claim may fail.

An IFPA application must be filed within 6 months from the date the deceased's estate is first represented, unless there are specific exceptions outlined in the law.

The case of Soh Shui Yu Yoke and Ching Kwong Yew (1991) is a key example discussing the court's approach to deciding if a deceased's estate provides reasonable financial provisions for dependents.

A dependent can apply to the court for regular payments from the deceased's estate to cover their living expenses, similar to alimony in a divorce.

The court can consider the division of property in a divorce case when deciding on IFPA claims to ensure fairness for dependents.

The court assesses a dependent's own financial resources, including income and support from family, when determining if they need further provisions from the deceased's estate.