PSP 4 - Grants of Administration

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Questions and Answers

What significant change occurred to the UK Inheritance Family Provision Act in 1975?

It underwent a complete revision and was renamed. (correct)

It was expanded to include all Muslims.

It incorporated a time limit for applications.

It was amended to ban applications from minors.

Which of the following individuals are considered dependents under the IFPA?

Unmarried or disabled daughters. (correct)

Married daughters.

Adult sons in full-time employment.

Step-children of the deceased.

Which of the following statements is true regarding the application of the IFPA?

It is limited to non-Muslims domiciled in Singapore. (correct)

It applies to anyone with a will in Singapore.

It applies to all Muslims living in Singapore.

It applies to non-Muslims domiciled outside Singapore.

What aspect is affected by a successful IFPA application?

The deceased's testamentary freedom. Signup and view all the answers

What must be verified before advising on an IFPA matter?

Whether the deceased was a non-Muslim and domiciled in Singapore. Signup and view all the answers

What limitation is associated with applying for an IFPA claim?

There are specific time limits for making an application. Signup and view all the answers

Which category does NOT fall under the definition of dependents in the IFPA?

Disabled adult sons. Signup and view all the answers

What does the term 'en vente sommaire' refer to in the context of inheritance?

A child not yet born at the time of the father's death Signup and view all the answers

What is the implication of Section 3.1 of the IFPA regarding court applications?

The court may order reasonable provision for a dependent if the will does not provide for maintenance Signup and view all the answers

Which factor could lead to a failure of a claim under the IFPA?

If the surviving spouse receives at least two-thirds of the estate's income and the only other dependents are their children Signup and view all the answers

According to the IFPA, who qualifies as a child of the deceased?

Children adopted under current laws, but not yet born at the death of the adoptive parent Signup and view all the answers

What is the maximum time frame to apply for an IFPA order after the representation of the estate is initiated?

6 months Signup and view all the answers

What does Section 2 of the IFPA define as included in the term 'son and daughter'?

Legally adopted children under existing laws Signup and view all the answers

What is a possible consequence if a surviving spouse is entitled to the majority of an estate's income?

It leads to automatic disqualification of the dependent’s claims Signup and view all the answers

In the context of IFPA, what might influence the court's decision on reasonable provision?

The age and needs of the dependents involved Signup and view all the answers

Which aspect of the IFPA is discussed in the case of Soh Shui Yu Yoke and Ching Kwong Yew?

Surviving spouse rights regarding inheritance Signup and view all the answers

What was the primary legal concern regarding the widow's claim for maintenance under the IFPA?

Whether the impending division of matrimonial assets could be considered. Signup and view all the answers

Which aspect of the elder son's situation was a significant factor in determining his dependency status?

His mother's inability to claim on his behalf. Signup and view all the answers

What income did the widow receive from the properties owned solely by the testator during his lifetime?

$12,000 per month from the properties. Signup and view all the answers

What did the widow request as an alternative to the monthly maintenance in her IFPA application?

Transfer of ownership of the matrimonial home. Signup and view all the answers

What conclusion did the court reach regarding the status of the two adult children living overseas?

They were not considered dependents under the IFPA. Signup and view all the answers

What types of evidence may the court accept regarding the deceased's reasons for a statement?

Statements written and signed by the deceased Signup and view all the answers

What effect does a successful IFPA application have on a deceased person's will?

It limits testamentary freedom under the will Signup and view all the answers

In the case AAG and Estate of AAH Deceased, what was the key issue regarding the IFPA?

Whether illegitimate children can claim for support Signup and view all the answers

What does Section 5 of the IFPA state about the will and inheritance rights upon the order made under the Act?

It enforces the will as if it were effective from the date of death Signup and view all the answers

How did Judicial Commissioner Chu Han's decision influence the application of Section 37?

It clarified the circumstances under which statements could be used Signup and view all the answers

What was the outcome of the AAG and Estate of AAH Deceased case regarding maintenance claims?

Alleged children have no maintenance rights under the IFPA Signup and view all the answers

What legal status does a widow have if she initiated divorce proceedings prior to the death of her spouse?

She may have limited claims based on her marriage status Signup and view all the answers

What does the term 'testamentary freedom' refer to in the context of the IFPA?

The limits imposed on how a deceased's estate can be distributed Signup and view all the answers

Under what circumstances can the court extend the six-month limitation period?

Discovery of a will or codicil indicating a substantial change in the estate. Signup and view all the answers

Under what circumstance may the court give weight to a statement made by the deceased?

By considering the surrounding circumstances indicating its accuracy Signup and view all the answers

What is stated regarding the court's order for maintenance for a dependent under Section 3.2?

It will be by way of periodical payments with specific termination conditions. Signup and view all the answers

Which statutory provision restricts maintenance rights for alleged children?

Section 37 of the IFPA Signup and view all the answers

What does Section 3.4 indicate about the deceased's estate for maintenance orders?

It can allow a lump sum payment if the net estate does not exceed $50,000. Signup and view all the answers

What should clients be advised regarding provisions for dependents in their will?

Not providing reasonable provisions may create issues for executors. Signup and view all the answers

What is required for a husband or wife in relation to termination of maintenance under Section 3.2?

Termination will happen upon their earlier death. Signup and view all the answers

In which case can a court order extend beyond the standard time frame for administration of an estate?

If there are uncertainties regarding the nature of an interest in the estate. Signup and view all the answers

What is a possible outcome of advising a client against providing for dependents?

It can lead to potential legal challenges and complications for executors. Signup and view all the answers

What factor is essential for a daughter under disability regarding termination of maintenance?

The end of her disability or her marriage, whichever comes first. Signup and view all the answers

What is a consideration a court must evaluate when making an order for maintenance?

The health and well-being of the deceased's dependents. Signup and view all the answers

What aspect of estate administration might be affected if reasonable provisions are not included in a will?

The potential for claims by dependents against the estate. Signup and view all the answers

Study Notes

Takeaways from the IFPA

The Inheritance Family Provision Act (IFPA) in Singapore hasn't been updated since 1966, unlike the UK Act, which was significantly revised in 1975.
The IFPA only applies to non-Muslims domiciled in Singapore.
Dependents who can claim under the IFPA include spouses, unmarried or disabled daughters, and infant sons.
Applications for IFPA are subject to time limits and the court can order maintenance.
A successful IFPA claim restricts the deceased's testamentary freedom and affects inheritance rights under the will.
There are two mentioned Court of Appeal cases related to the IFPA.

Background of the IFPA

Singapore's IFPA, enacted in 1966, is based on the UK Inheritance Family Provision Act of 1938.
Singapore's IFPA hasn't had significant amendments since its enactment.
The UK Act underwent major changes in 1975, renaming it the Inheritance Provision for Family and Dependence Act of 1975.
UK and Singapore inheritance legislation on family provision differs significantly, especially after 1975.

Who Can Claim Under the IFPA

Only dependents, as defined by the Act, can make IFPA claims.
Dependents include spouses, unmarried or disabled daughters, and infant sons.
If a son or daughter is disabled or incapable of maintaining themselves, they can also claim maintenance.
A male or female child adopted by the deceased is considered a son or daughter for the IFPA purposes.

When to Apply for the IFPA

Applications under the IFPA must be made within specific timeframes.
Applications are time-bound, with deadlines for action specified in the Act.
If a valid will or codicil is found after the initial application timeframe, or if the claim determination is uncertain, the application period may be extended.
If the deceased's estate is under $50,000 maintenance can be ordered as a lump sum rather than periodical payments.

Effects of a Successful IFPA Application

A successful IFPA application modifies the inheritance rights of other parties, including beneficiaries.
Successful claims affect the deceased's will and the estate's distribution.
IFPA provisions limit testamentary freedom and restrict inheritance rights.
The court orders provisions for the dependent's maintenance.
In cases of a deceased's estate under $50,000, maintenance may be ordered as a lump sum.

Requirements for IFPA Application

The court examines all the estate's circumstances to decide a fair provision for the dependent's maintenance.
The surviving spouse is eligible to receive two-thirds of the net estate income if a child or children of the surviving spouse are the only other dependents.
The court may consider the deceased's will or other relevant laws when determining if fair maintenance has been provided
In making decisions, the court carefully considers the deceased's will, estate disposition (intersectional or otherwise), and the legal rights of interest involved.

Important Considerations

There are specific limitations on IFPA application for Muslim's domiciled in Singapore.
Application timeframes for IFPA matters must be adhered to.
If a client is not domiciled in Singapore or if a client is a Muslim, potential IFPA issues need to be addressed.

Probate and Administration

Procedures for probate and administration are outlined for various cases, including instances where there's a will versus an intestate situation.
Processes include confirming the existence of a will, locating the will, assessing will validity, and preparing applications for grant of probate (with or without a will).
Key steps are checking for a will, finding the will (including advertising), evaluating validity, and applying for a grant.

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Description

This quiz explores the Inheritance Family Provision Act (IFPA) in Singapore, detailing its application, historical context, and notable cases. Learn about the rights it grants dependents and how it compares to legislation in the UK. Test your knowledge on this crucial aspect of Singaporean inheritance law.