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What was the primary issue with the distribution of estates under the Statute of Distributions 1670 in Singapore before 2nd June 1967?
Which of the following statements accurately describes the changes proposed by the Intestate Succession Bill regarding spousal rights?
What does the term 'intestate' encompass according to the Intestate Succession Act?
According to the Intestate Succession Act, how is the distribution of movable property upon death determined?
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What is specifically excluded from the application of the Intestate Succession Act?
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In the context of the Intestate Succession Act, what does 'issue' refer to?
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Before the amendments of the law, what was the share of a widow if her husband died intestate and left children?
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What defines a legitimate child under the Intestate Succession Act?
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What does the Executor not need to apply for in relation to infant beneficiaries of the intestate portion of the estate?
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Which section primarily refers to the term 'executor'?
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In what case would the Government be entitled to the whole of the estate?
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What is the role of the Minister of Law concerning properties that accrue to the Government due to intestacy?
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Which of the following best describes 'bona vacantia'?
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Who are entitled to inherit from an intestate if their child has predeceased them but has surviving descendants?
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How does the per stirpes rule apply in the context of intestate succession?
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What portion of the estate does a surviving spouse receive if there are no descendants, but there are parents?
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In the absence of a surviving spouse, descendants, and parents, who inherits the estate next?
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If both parents of an intestate are alive, how is the estate divided in their absence of descendants?
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What happens to the estate if the intestate had siblings but no surviving descendants or parents?
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Who inherits if the intestate died without a spouse, descendants, parents, or siblings but only had aunts and uncles?
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How is the estate divided if there are both whole blood and half blood relatives present?
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What condition must be met for the distribution of immovable property of a deceased person according to lex domicilii?
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Under Section 5, which scenario permits the distribution of property located in Singapore for a person domiciled outside the country?
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According to the rules of construction, how are persons conceived but not yet born regarded in relation to distribution?
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What is the entitlement of a surviving spouse when an intestate dies leaving no issue and no parents?
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If an intestate dies leaving a spouse and children, what proportion of the estate does the spouse typically receive?
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What does Rule 3 state regarding the distribution of an intestate's estate if there are children?
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What is specified by Proviso No. 1 under Rule 3 regarding the rights of surviving spouses?
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How are half-blood relatives treated in comparison to whole-blood relatives in terms of inheritance?
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What is the intended role of a personal representative under S.10 of the ISA in cases of partial intestacy?
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What is the correct implication of the Hotchpot rule regarding advancements made by the intestate to their children?
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Under the ISA, what role does a personal representative play in cases of partial intestacy?
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What distinguishes Section 10 of the ISA from Section 24 of the Civil Law Act regarding executors?
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What common mistake occurs concerning the executor's application in partial intestacy cases?
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What is the legal status of a foster child in relation to the intestate succession laws?
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What does it mean if there is a partial intestacy regarding the property of a deceased individual?
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Which of the following accurately describes a trustee's responsibilities related to the intestate estate?
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What is the effect of advancements made by an intestate to their children on the inheritances of siblings?
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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.