PSP 2 - Intestate Succession Act
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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</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</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</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</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</p> Signup and view all the answers

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

    <p>Sharing the same two parents</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</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</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.</p> Signup and view all the answers

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

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

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

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

    Who was the sole beneficiary of the deceased estate?

    <p>Whole blood aunt</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.</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</p> Signup and view all the answers

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

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

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

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

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

    <p>Legitimate child</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.</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</p> Signup and view all the answers

    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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    Related Documents

    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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