PSP 2 - Intestate Succession Act
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Questions and Answers

What is one key criterion for asset distribution under the Intestate Succession Act in Singapore?

  • The age of the deceased at the time of death
  • The profession of the deceased
  • The domicile of the deceased person (correct)
  • The social status of the deceased

Which of the following individuals is explicitly excluded from inheritance under the Intestate Succession Act?

  • Stepchildren
  • Natural children
  • Foster children (correct)
  • Legitimate children

What primary limitation does the Intestate Succession Act have regarding its applicability?

  • It only applies to deceased persons under 18
  • It is only relevant for estates exceeding a certain value
  • It cannot be applied to international estates
  • It does not apply to estates of Muslims (correct)

What does the term 'child' encompass under the Intestate Succession Act?

<p>Legitimate children and those adopted through court order (A)</p> Signup and view all the answers

What document outlines the nine rules of distribution under the Intestate Succession Act?

<p>The Intestate Succession Act (B)</p> Signup and view all the answers

In cases of partial intestacy, what role does the executor play?

<p>They oversee the distribution of both testate and intestate assets (B)</p> Signup and view all the answers

What was mentioned about the Intestate Succession Act in terms of its statutory length?

<p>It contains only 10 sections (A)</p> Signup and view all the answers

Who inherits the estate if there are only uncles and aunts and no other close relatives?

<p>The uncles and aunts inherit in equal portions (C)</p> Signup and view all the answers

What is the defining characteristic of a 'whole blood' relationship?

<p>Sharing the same two parents (D)</p> Signup and view all the answers

Who is entitled to inherit if a child of the intestate pre-deceased them and left descendants?

<p>The descendants of the pre-deceased child (D)</p> Signup and view all the answers

In the case of competing aunts, what role does Section 6A of the Intestate Succession Act play?

<p>It eliminates distinctions between paternal and maternal relatives (C)</p> Signup and view all the answers

What does Provisal number 2 of rule 3 establish regarding descendants?

<p>Descendants inherit based on their degree of relation to the intestate. (A)</p> Signup and view all the answers

What does Section 6B state regarding half-blood relatives?

<p>They rank lower than whole blood relatives (C)</p> Signup and view all the answers

If an intestate dies leaving a surviving spouse and parents but no descendants, what is the distribution of the estate?

<p>The spouse receives one-half, and parents receive one-half. (B)</p> Signup and view all the answers

What unique circumstance did the Ching Heng Tea case illustrate?

<p>Both whole blood and half-blood relatives contested for the estate (B)</p> Signup and view all the answers

How is the estate distributed if there are no surviving spouse, descendants or parents, and only siblings exist?

<p>Brothers and sisters share the estate, but children of deceased siblings do not. (D)</p> Signup and view all the answers

According to Rule 8, what happens to the children of deceased uncles and aunts?

<p>They have no right to inherit (A)</p> Signup and view all the answers

Under what condition does rule 5 apply to the estate distribution?

<p>If both parents survive the intestate. (A)</p> Signup and view all the answers

Why is it essential to draw up a family tree in cases involving the Intestate Succession Act?

<p>To clarify the relationships among the parties involved (D)</p> Signup and view all the answers

If the intestate had no surviving spouse, descendants, parents, or siblings, who inherits the estate?

<p>The grandparents will share equally. (C)</p> Signup and view all the answers

What is a significant distinction between whole blood and half blood under the Intestate Succession Act?

<p>Whole blood relatives share both parents (B)</p> Signup and view all the answers

Which rule states that if there are no descendants, the estate goes to the parents in equal portions?

<p>Rule 5 (D)</p> Signup and view all the answers

Which aspect of the Intestate Succession Act was crucial in interpreting Rule 8 during the Ching Heng Tee case?

<p>The enactment of Section 6B (D)</p> Signup and view all the answers

What limitation does rule 6 specify regarding how children of deceased siblings inherit?

<p>The rule excludes descendants beyond immediate children of siblings. (B)</p> Signup and view all the answers

What is the unique factor regarding illegitimate children under the Digitum Adcii Act?

<p>Only the mother inherits from the estate. (B)</p> Signup and view all the answers

Which scenario would require a step-parent to explicitly provide for their step-child's entitlement to an estate?

<p>When the step-child is not adopted (B)</p> Signup and view all the answers

Under what condition is a foster child not considered a child according to the Intestate Succession Act?

<p>When the foster child does not have a legal connection with the foster parents (C)</p> Signup and view all the answers

Which statement is true regarding advancements made by a person to their child under the Intestate Succession Act?

<p>Advancements are excluded in estimating a child's distributive share (A)</p> Signup and view all the answers

What happens in cases of partial intestacy concerning a will?

<p>The Intestate Succession Act governs the undisposed parts of the estate (C)</p> Signup and view all the answers

Which of the following describes the responsibilities of the personal representative of an estate in the case of partial intestacy?

<p>They are a trustee for the beneficiaries entitled under the Act for undisposed parts (D)</p> Signup and view all the answers

Which type of child is not discussed in detail regarding intestate succession?

<p>Disowned child (B)</p> Signup and view all the answers

Who was the sole beneficiary of the deceased estate?

<p>Whole blood aunt (D)</p> Signup and view all the answers

What happens to an illegitimate child's claim if their mother has legitimate children as well?

<p>They are excluded from inheriting altogether. (C)</p> Signup and view all the answers

According to the Court of Appeal in AAG and the estate of AAH, what cannot an illegitimate child claim?

<p>A share in the intestate parent's estate (A)</p> Signup and view all the answers

Which of the following categories is NOT recognized under intestate succession?

<p>Half-blood child (C)</p> Signup and view all the answers

What is the primary interpretation of 'child' under the Interstate Succession Act, according to the case of Low Guan Hong David and Suriyono Winno Doi?

<p>Legitimate child (A)</p> Signup and view all the answers

What legislation allows an illegitimate child to inherit from their mother?

<p>Legitimacy Act (B)</p> Signup and view all the answers

In intestate succession, which type of child is explicitly defined and clearly addressed?

<p>Legitimate child (D)</p> Signup and view all the answers

What was the outcome for the competing claims between stepchildren and a deceased single brother in the case studied?

<p>Stepchildren were denied claims to the estate. (A)</p> Signup and view all the answers

Which of the following categories of child is most likely to have restricted rights under intestate succession?

<p>Illegitimate child (B)</p> Signup and view all the answers

Flashcards

Intestate Succession Act

Singapore's law governing the distribution of assets when someone dies without a will.

Intestacy

The legal state of dying without a valid will.

Muslim Estate

Estate of a Muslim individual not governed by the Intestate Succession Act.

Legitimate child

A child according to the Legitimacy Act, includes adopted children from Singapore, Malaysia or Brunei, Darussalam

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Domicile

Residence of the deceased which is crucial in determining inheritance distribution

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Distribution rules

Nine rules outlining who inherits (spouse, children, parents, and other relatives).

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Partial intestacy

Situations where a will exists but is not complete, determining the role of the executor and government's entitlement.

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Who inherits if a child predeceases the intestate?

If a child of the intestate dies before them, and the child has descendants, those descendants inherit, not the child's spouse.

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What is the Per Stirpes Rule?

Descendants of the intestate inherit by representation, meaning they take the share their parent would have received.

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What is the rule for inheritance when no descendants exist?

If the intestate has no descendants, their surviving children (or their descendants) inherit equally.

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How is the estate divided when a spouse and parent(s) survive?

The spouse receives half, and the parent(s) share the other half equally.

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Who inherits if the intestate was illegitimate?

Only the mother of an illegitimate child inherits their estate.

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How are siblings and their children involved in inheritance?

Siblings and children of deceased siblings inherit the estate equally.

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Who inherits when no spouse, descendants, parents, or siblings exist?

The grandparents of the intestate inherit the whole estate equally.

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What is the difference between 'descendants' in rules 3 and 6?

Rule 3 refers to descendants of any degree, while rule 6 only applies to direct children of deceased siblings.

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What is the key feature of rule 6 related to deceased siblings?

Rule 6 only includes children of deceased brothers and sisters, not their descendants.

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Step-parent's right to inheritance

Step-parents need to expressly state in a will their intention to provide for their step-children's entitlement to their estate.

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Foster child inheritance

Foster children are not considered children under the Intestate Succession Act and do not inherit from their foster parents.

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Advancements and intestate inheritance

Any gifts or payments a deceased person made during their life to a child or their descendant are deducted from their inheritance when the deceased dies intestate.

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Hodge-Potts Rule

Section 9 of the Intestate Succession Act states that advancements made by a deceased person to their children are not to be taken into account when calculating their share of the estate.

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Whole-blood aunt

An aunt who shares both parents with the deceased.

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Half-blood aunt

An aunt who shares only one parent with the deceased.

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Intestate Succession Act (ISA)

Singapore's law governing the distribution of assets when a person dies without a will.

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Stepchild

A child of one's spouse from a previous relationship.

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Foster child

A child raised by someone other than their biological parents.

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Stab child

A child born during marriage but later determined not to be the biological child of the husband.

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Adoptive child

A child legally taken into a family and raised as their own.

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Disowned child

A child that is legally denied inheritance rights from their parents.

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Rule 8 Inheritance

If no spouse, descendants, parents, siblings, or grandparents survive, uncles and aunts inherit the entire estate equally. Children of deceased uncles or aunts DO NOT inherit.

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Whole Blood Relationship

Two individuals share BOTH parents, meaning they have the same biological mother and father.

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Half Blood Relationship

Two individuals share ONLY ONE parent, meaning they have either the same father or the same mother.

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Ching Heng Tee Case

A case where the Intestate Succession Act was applied to distribute an estate between competing aunts - one whole blood aunt and half blood aunts.

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Section 6A: No Distinction

This section states that for inheritance purposes, there should be NO difference between relatives through the deceased person's father or mother.

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Section 6B: Half Blood Ranking

Half blood relatives inherit AFTER whole blood relatives in the same degree of relationship.

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Rule 8 & Section 6B: Combined Application

When dealing with inheritance under Rule 8, Section 6B's hierarchy of whole blood and half blood MUST be considered.

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Interpreting Inheritance Laws

The application of various sections within the Intestate Succession Act, such as Section 6B, impacts how Rule 8 is interpreted and applied.

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Family Tree Importance

Drawing a family tree is crucial when analyzing intestacy cases to clearly see the relationships between the deceased and potential heirs

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Intestacy Analysis: Multiple Sections

Intestacy cases may require analysis of multiple sections within the Intestate Succession Act, such as Sections 6A and 6B.

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Study Notes

Intestate Succession Act

  • Governs distribution of assets when someone dies without a will in Singapore
  • Does not apply to Muslim estates
  • Defines terms like "child" and "legitimate"
  • Deceased's domicile crucial in property distribution
  • Outlines nine distribution rules, including surviving spouse, children, parents, other relatives
  • Stepchildren and foster children may be excluded
  • Partial intestacy specifies executor and government entitlements
  • Provides table for quick distribution rule reference

Intestacy Law in Singapore

  • Intestate Succession Act has only 10 sections
  • Shortest statute in Singapore's books
  • Doesn't apply to Muslim estates
  • References include Mr E.W. Barker's speech from 1967 during the Act's passing
  • "Child" defined as: legitimate child, adopted child under Singaporean law, Malaysian, or Bruneian law
  • Distribution of immovable property based on deceased's domicile
  • Movable property distributed according to deceased's domicile laws
  • No difference between those related to the deceased through father or mother
  • Half-blood relatives rank after whole-blood relatives
  • Nine rules for distribution:
    • Spouse gets whole estate if no issue or parents
    • Spouse gets half estate if issue The estate of an interstate who leaves issue is distributed equally among the children.
    • If no spouse, issue, or parents - Brothers and sisters, children of deceased brothers or sisters share equally
    • Grandparents inherit if no spouse, children, parents, brothers, sisters or children
    • Uncles and aunts inherit if no spouse or children, parents, brothers, sisters or their children, grandparents
    • Government inherits if no spouse, descendants, parents, brothers, sisters or children, grandparents or uncles or aunts

Legitimate and Illegitimate Children

  • Legitimacy Act defines legitimate child
  • Intestate's domicile crucial in determining distribution of property
  • Adopted children are considered legitimate
  • Intestate succession rules for illegitimate children are more complex and controversial
  • Illegitimate child has right to inheritance as if he was the legitimate child of his mother

Stepchildren and Foster Children

  • Stepchildren not explicitly considered as children under Intestate Succession Act
  • Foster children not considered children under Intestate Succession Act

Additional Issues

  • Muslim succession law separate and not included in syllabus
  • Intestate estate distribution rules apply to those who were not in the deceased's estate when he died
  • Provisions for partial intestacy - Section 10 ISA and its relationship to s24 Civil Law Act
  • If a person dies with a will but it doesn't cover all assets, the Intestate Succession Act applies to the remaining assets
  • Provisions for dispute resolution in case of issues
  • Bona vacantia for estates with no heirs to inherit

Time Limits

  • Claims under the Inheritance (Family Provision) Act must be filed within 6 months of representation being taken out
  • Provisions for extending the time limit if circumstances make it unfair,

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PSP 2 - Intestate Succession Act PDF

Description

Explore the Intestate Succession Act that governs asset distribution for those who die without a will in Singapore. Understand the application, definitions, and specific rules for distribution among surviving relatives. This quiz will help you grasp the nuances of intestacy laws in the context of Singaporean legal framework.

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