2. Intestacy Succession Act

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Questions and Answers

What was the primary issue with the distribution of estates under the Statute of Distributions 1670 in Singapore before 2nd June 1967?

Only children inherited property from their parents.

Widows received more than one-half of the estate.

Equal shares were allocated to all heirs regardless of relationship.

Husbands received the entire estate when their wives died intestate. (correct)

Which of the following statements accurately describes the changes proposed by the Intestate Succession Bill regarding spousal rights?

Neither spouse would have a claim to the estate of the other.

A widow would always receive one-third of the estate, regardless of children.

Husbands and wives would inherit equally regardless of children. (correct)

Wives would inherit less than husbands under all circumstances.

What does the term 'intestate' encompass according to the Intestate Succession Act?

Persons who have legally adopted children.

Individuals who leave a will but fail to distribute certain beneficial interests. (correct)

Only persons who die without leaving a will.

Anyone with a valid will at the time of death.

According to the Intestate Succession Act, how is the distribution of movable property upon death determined?

By the law of the country where the deceased was domiciled at the time of death. Signup and view all the answers

What is specifically excluded from the application of the Intestate Succession Act?

The estates of Muslims and any rules of Muslim law regarding distribution. Signup and view all the answers

In the context of the Intestate Succession Act, what does 'issue' refer to?

Any children or direct descendants of the deceased. Signup and view all the answers

Before the amendments of the law, what was the share of a widow if her husband died intestate and left children?

One-third of the estate. Signup and view all the answers

What defines a legitimate child under the Intestate Succession Act?

Legitimate children and any adopted child by court order. Signup and view all the answers

What does the Executor not need to apply for in relation to infant beneficiaries of the intestate portion of the estate?

Letters of administration Signup and view all the answers

Which section primarily refers to the term 'executor'?

S. 24 of the CLA Signup and view all the answers

In what case would the Government be entitled to the whole of the estate?

In default of distribution under the rules Signup and view all the answers

What is the role of the Minister of Law concerning properties that accrue to the Government due to intestacy?

To disclaim and release rights based on equitable claims Signup and view all the answers

Which of the following best describes 'bona vacantia'?

An estate without any rightful heirs Signup and view all the answers

Who are entitled to inherit from an intestate if their child has predeceased them but has surviving descendants?

The descendants of the deceased child Signup and view all the answers

How does the per stirpes rule apply in the context of intestate succession?

It allows distribution to all descendants including grandchildren and great-grandchildren Signup and view all the answers

What portion of the estate does a surviving spouse receive if there are no descendants, but there are parents?

One-half of the estate Signup and view all the answers

In the absence of a surviving spouse, descendants, and parents, who inherits the estate next?

Grandparents of the intestate Signup and view all the answers

If both parents of an intestate are alive, how is the estate divided in their absence of descendants?

Equally between the parents Signup and view all the answers

What happens to the estate if the intestate had siblings but no surviving descendants or parents?

The estate is divided among surviving siblings Signup and view all the answers

Who inherits if the intestate died without a spouse, descendants, parents, or siblings but only had aunts and uncles?

The aunts and uncles, equally Signup and view all the answers

How is the estate divided if there are both whole blood and half blood relatives present?

Estate is divided equally among both whole blood and half blood relatives Signup and view all the answers

What condition must be met for the distribution of immovable property of a deceased person according to lex domicilii?

The deceased must have been domiciled in the country where the property is located at the time of death. Signup and view all the answers

Under Section 5, which scenario permits the distribution of property located in Singapore for a person domiciled outside the country?

If the deceased possessed only immovable property situated in Singapore. Signup and view all the answers

According to the rules of construction, how are persons conceived but not yet born regarded in relation to distribution?

They are treated as equally related to the deceased as those born during the deceased's lifetime. Signup and view all the answers

What is the entitlement of a surviving spouse when an intestate dies leaving no issue and no parents?

The spouse receives the entire estate. Signup and view all the answers

If an intestate dies leaving a spouse and children, what proportion of the estate does the spouse typically receive?

One-half of the estate. Signup and view all the answers

What does Rule 3 state regarding the distribution of an intestate's estate if there are children?

The estate is divided equally per stirpes among children and their legal representatives. Signup and view all the answers

What is specified by Proviso No. 1 under Rule 3 regarding the rights of surviving spouses?

Surviving spouses can claim a predefined share before children's inheritance. Signup and view all the answers

How are half-blood relatives treated in comparison to whole-blood relatives in terms of inheritance?

They inherit equally to whole-blood relatives in the same degree. Signup and view all the answers

What is the intended role of a personal representative under S.10 of the ISA in cases of partial intestacy?

Signup and view all the answers

What is the correct implication of the Hotchpot rule regarding advancements made by the intestate to their children?

Advancements to children do not affect the distributive share estimation for the child's descendants. Signup and view all the answers

Under the ISA, what role does a personal representative play in cases of partial intestacy?

They act as a trustee for individuals entitled to the intestate portion. Signup and view all the answers

What distinguishes Section 10 of the ISA from Section 24 of the Civil Law Act regarding executors?

Section 10 explicitly states it applies subject to the will's provisions, which is missing in Section 24. Signup and view all the answers

What common mistake occurs concerning the executor's application in partial intestacy cases?

The executor needs to apply for grant of probate, regardless of the partial intestacy. Signup and view all the answers

What is the legal status of a foster child in relation to the intestate succession laws?

A foster child is excluded from inheritance rights under the ISA. Signup and view all the answers

What does it mean if there is a partial intestacy regarding the property of a deceased individual?

Some property is included under the will while other portions are intestate. Signup and view all the answers

Which of the following accurately describes a trustee's responsibilities related to the intestate estate?

Trustees have to manage the estate until it is completely distributed to entitled heirs. Signup and view all the answers

What is the effect of advancements made by an intestate to their children on the inheritances of siblings?

Advancements do not affect anyone else's entitlements. Signup and view all the answers

Study Notes

Singapore’s Intestacy Laws Prior to 1967

Singapore’s intestacy laws prior to 1967 followed the English Statute of Distribution 1670.
This statute was repealed in England.
The Statute of Distribution was seen as outdated, particularly in its unequal treatment of spouses.

Intestate Succession Act

Introduced in Singapore in 1967, the Intestate Succession Act (ISA) aimed to introduce more equitable distribution of intestate estates.
The ISA does not apply to Muslims.
The ISA defines key terms:
- Child: Includes legitimate children and those adopted by court order in Singapore, Malaysia, or Brunei.
- Intestate: Someone who dies without a will, or who leaves a will but does not dispose of all their beneficial interests.
- Issue: Encompasses children and descendants of deceased children.

Scope of the Intestate Succession Act

The ISA governs the distribution of immovable property of intestates in Singapore, regardless of their domicile.
For movable property, the law of the intestate’s domicile at death applies.
The ISA applies if a person dies after June 2nd, 1967 and:
- They were domiciled in Singapore and owned property situated in Singapore (movable or immovable).
- They were domiciled outside Singapore but owned immovable property in Singapore.

Rules of Construction

The ISA establishes the principle of equality between paternal and maternal descendants.
Children conceived but not yet born at the time of death are considered as if they were alive (en ventre sa mere).
Half-blood relatives are ranked immediately after whole-blood relatives of the same degree.

Distribution Rules

The ISA lays out a series of rules for distributing intestate estates. They are based on the relationship between the deceased and their surviving family members.

Rule 1: No Issue, No Parents

If the intestate leaves a spouse, no issue, and no parents - the spouse inherits everything.

Rule 2: Spouse and Issue

If the intestate leaves a spouse and issue - the spouse inherits half, the other half is divided among the issue.

Rule 3: Issue Only

If the intestate leaves issue but no spouse - the issue inherits the entire estate.
- Proviso 1: Descendants of deceased children (grandchildren, etc) inherit the share their parent would have received.
- Proviso 2: Descendants of the intestate take per stirpes, inheriting according to their ancestor’s share.

Rule 4: Spouse, No Issue, Parents

If the intestate leaves a spouse, no issue, but parents - the spouse inherits half, the other half is divided among the parents.

Rule 5: No Issue, Parents Only

If the intestate leaves no issue but parents - the parents inherit equally.
- If the intestate was an illegitimate child, the mother alone inherits under the Legitimacy Act.

Rule 6: Siblings and Descendants

If the intestate leaves no spouse, issue, or parents but siblings - the estate is divided among the siblings and descendants of deceased siblings.

Rule 7: Grandparents Only

If the intestate leaves no spouse, issue, parents, siblings, or their descendants but grandparents - the grandparents inherit everything equally.

Rule 8: Uncles and Aunts Only

If the intestate leaves no spouse, issue, parents, siblings, their descendants, or grandparents, but uncles and aunts - they inherit equally.

Exclusion of the Hotchpot Rule

Unlike traditional intestacy rules, the ISA does not require the valuation of gifts made during the intestate’s life when calculating inheritances.
The hotchpot rule, which would consider such gifts as an advance on the inheritance, is not applicable.

Partial Intestacy

The ISA addresses situations where a person dies leaving a will that only partially disposes of their assets.
The ISA applies to the undeclared portion of the estate.

Bona Vacantia (Rule 9)

If no one is identifiable to inherit under the ISA’s rules, the Government inherits the whole of the estate.
The Minister of Law has the power to release the estate to individuals who can demonstrate a compelling equitable or moral claim to it.

Common Mistakes in Partial Intestacy Cases

It is important to note that an executor appointed by a will should apply only for a grant of probate of the will, even if there is partial intestacy.
Separate letters of administration are not necessary, even if the intestate portion includes inheritances for minors.
The executor's powers and duties are determined both by the will and the ISA or Civil Law Act.

“Foster Children”

Foster children are not considered “children” under the ISA.

Difference Between ISA Section 10 and Civil Law Act Section 24

Both sections address situations where a will only partially disposes of the estate.
The ISA specifically states that its provisions apply to the undeclared portion of the estate, subject to any provisions in the will. The Civil Law Act does not have this limiting clause.
The ISA refers to “personal representative”, while the Civil Law Act refers to “executor”.
The practical impact of these differences is not immediately clear.

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Description

Explore the evolution of intestacy laws in Singapore, focusing on the transition from the outdated English Statute of Distribution 1670 to the more equitable Intestate Succession Act introduced in 1967. Learn about key definitions and the scope of the Act, which governs the distribution of immovable property for intestates.