4. Inheritance (Family Provision) Act

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Questions and Answers

What is the maximum age at which a son receives maintenance payments under section 3(2)?

18 years

25 years

21 years (correct)

Under the age of 30

Under what condition can the Court provide lump sum maintenance payments according to section 3(4)?

The dependant is under 18 years of age

The dependant has a disability

The deceased's estate exceeds $100,000

The deceased's net estate does not exceed $50,000 (correct)

Which of the following scenarios does NOT terminate maintenance payments for a husband under section 3(2)?

The order's stipulated time limit is reached

The husband reaches the age of 65 (correct)

The husband remarries

The husband passes away

What should clients be advised about if they choose not to provide reasonable financial provisions for dependants in their will?

Potential challenges may arise from executors or dependants Signup and view all the answers

Which of the following statements regarding sections 3(5), 3(6), 3(7), and 3(8) is correct?

They inform the Court about factors to consider in IFPA applications. Signup and view all the answers

What does the term 'en ventre sa mere' imply in legal terms?

A child entitled to the estate if conceived before the father's death Signup and view all the answers

Under which condition will an IFPA application be considered invalid?

If the only dependants are children of the surviving spouse Signup and view all the answers

What is the maximum time limit to file an IFPA application under normal circumstances?

6 months from the date representation is first taken out Signup and view all the answers

In which case was the provision regarding the surviving spouse's entitlement specifically construed?

Soh Siew Yok v Ching Kwong Yew Signup and view all the answers

What grounds can justify the extension of the 6-month application period under the IFPA?

Discovery of a will that changes the estate's disposition Signup and view all the answers

Which of the following is a necessary condition for making an IFPA application by dependents?

The court must find that reasonable provision has not been made Signup and view all the answers

Which situation would prevent the court from extending the 6-month application limit?

A question regarding a person's interest in the estate that was determined before the application Signup and view all the answers

If a child was conceived after the father's death but born within 280 days afterward, what is their legal status regarding the claim on the estate?

They have no legal claim to the estate Signup and view all the answers

What was the primary reason the High Court ruled against further provision under the IFPA for the appellant?

The appellant had already received sufficient income from various sources. Signup and view all the answers

In the AOS case, which aspect of the IFPA was emphasized by the Court of Appeal?

The focus on reasonable maintenance. Signup and view all the answers

How much total income was the appellant receiving monthly from her own resources and the testator's family combined?

$17,000 Signup and view all the answers

What did the appellant attempt to incorporate from the Women's Charter into her claims under the IFPA?

Just and equitable division of assets. Signup and view all the answers

What was the significance of the court's findings about the appellant's stated monthly expenses?

They were lower than the income she received. Signup and view all the answers

What was a key limitation expressed by the Court of Appeal regarding the IFPA?

It cannot address issues of equitable property division. Signup and view all the answers

What was one of the financial sources that contributed to the appellant's income?

Monthly contributions from the testator's family in India. Signup and view all the answers

How did the Court of Appeal interpret the appellant's requests in relation to her financial position?

They considered them excessive given her existing resources. Signup and view all the answers

What does Section 3(7) specify regarding the deceased's reasons for their will dispositions?

The court shall assess any signed written statements from the deceased along with surrounding circumstances. Signup and view all the answers

What legal effect does a successful IFPA application have on a deceased’s estate?

It allows the will and intestacy laws to retroactively apply as if the changes were in effect at the time of the deceased's death. Signup and view all the answers

In the context of the IFPA, what limitation is imposed on a person's testamentary freedom?

The provisions of the Act may restrict how and to whom the estate can be left. Signup and view all the answers

What was the primary legal issue regarding the widow's eligibility for claims under the IFPA?

Whether the marriage had already been legally dissolved Signup and view all the answers

What was the central issue in the case AAG v Estate of AAH regarding the IFPA?

Whether illegitimate children have the right to seek maintenance from their deceased parent's estate under the IFPA. Signup and view all the answers

Which of the following statements is true about the widow's adult male children under the IFPA?

They were not considered dependants because of their studies overseas. Signup and view all the answers

According to the IFPA, what may the court do if it makes an order under the Act?

Issue consequential directions to implement the order effectively. Signup and view all the answers

What amount did the widow initially seek per month for maintenance from the testator's estate?

$20,000 Signup and view all the answers

What is the maximum portion of the net estate that can be set aside for maintenance under the IFPA?

Only the amount sufficient to generate the necessary income for maintenance as of the order's date. Signup and view all the answers

In the case of AOS v Estate of AOT, what was determined about the eldest son with disabilities?

He had to make his own IFPA application. Signup and view all the answers

Which of the following statements is true about evidence considered by the court according to Section 3(7)?

The court can accept evidence as it deems sufficient, irrespective of its form. Signup and view all the answers

What broader question was raised regarding the widow's claims under the IFPA?

Whether pending divorce proceedings affect claims to the estate. Signup and view all the answers

What limitation does the IFPA impose when assessing testamentary dispositions?

Testamentary freedom is regulated only in relation to dependents' maintenance needs. Signup and view all the answers

What alternative claim did the widow seek apart from monthly maintenance?

A lump sum payment of $7.2 million. Signup and view all the answers

Which was NOT one of the claims made by the widow in the IFPA application?

Claim for her children’s educational expenses. Signup and view all the answers

What was the conclusion regarding the mother's ability to apply for her children under the IFPA?

She could not claim on behalf of her adult male children. Signup and view all the answers

Study Notes

Introduction to Intestate Family Provision Act (IFPA)

The IFPA allows dependents of a deceased person to make an application to the Family Justice Court for reasonable provision from the deceased's estate.
A "dependant" can include a spouse, child (including unborn children), or other person who was financially dependent on the deceased.
The IFPA provides specific time limits for making an application.
The IFPA is intended to ensure that dependents receive reasonable provision for their maintenance, but it does not aim to provide legacies or redistribute assets.

Requirements for IFPA Application

Dependents need to demonstrate that the disposition of the deceased's estate does not make reasonable provision for their maintenance.
This means there must be an insufficient provision in the will or intestacy law to provide for the dependant's reasonable needs.
However, if the surviving spouse is entitled to at least 2/3rds of the net estate's income, and the only other dependents are children of the surviving spouse, the claim will fail.

Time Limits for Applications

Generally, an IFPA application must be made within 6 months from the date representation in the deceased's estate is first taken out.
The court can extend the time limit under certain circumstances, such as the discovery of a new will, a dispute about an interest in the estate, or other relevant factors.

Court Orders under IFPA

The court can order periodical payments for maintenance, with termination based on specific events like remarriage (for spouses), marriage or disability cessation for daughters and sons, or reaching the age of 21 for sons.
If the deceased's estate is less than $50,000, the court can order a lump sum payment for maintenance.

Factors Considered by the Court

The court will consider all relevant factors relating to the applicant's needs, the deceased's relationships, the deceased's reasons for their testamentary choices, and the nature of the estate.
The court may attach weight to written statements signed by the deceased explaining their reasoning.

Effect of a Successful IFPA Application

A successful IFPA application can alter the estate distribution, making provision for the dependant's maintenance.
The order operates as if it has had effect since the deceased's death, and the court can give directions to implement the order.

ILlegitimate Children and IFPA

The IFPA does not allow illegitimate children to claim maintenance.

Court of Appeal Decisions

Case 1: AAG v Estate of AAH

The case clarified that illegitimate children cannot claim maintenance under the IFPA.

Case 2: AOS v Estate of AOT

The case involved a widow claiming provision for herself and her adult children.
The court held that adult children studying overseas were not considered dependents.
The widow's claim for maintenance was significantly reduced due to her substantial income from other sources.
The case highlighted the interplay between IFPA and the Women's Charter, but the court said that IFPA is not about equitable division of assets, but about maintenance.

Key Takeaways

The IFPA aims to ensure dependants' reasonable maintenance, not to redistribute assets.
It is essential to consider the time limits and the specific criteria for making a claim.
The court will carefully assess the applicant's needs, the deceased's reasons for estate distribution, and other relevant factors.
It's important to remember that the IFPA does not allow illegitimate children to claim maintenance.

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Description

This quiz covers the key aspects of the Intestate Family Provision Act (IFPA), focusing on the rights of dependents to apply for reasonable provision from the deceased's estate. It explains who qualifies as a dependant and the requirements for making an application. Understand the implications of the IFPA to ensure fair maintenance for eligible individuals.