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How can a joint tenancy be severed effectively?
What happens to a gift if the gifted property does not exist at the testator's death?
What effect does section 26 of the Wills Act have on a named beneficiary who dies before the testator?
In the absence of any express clause in the will, what happens to a gift intended for a deceased child when that child leaves issue at the date of death?
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Which of the following statements about class gifts is true regarding section 26 of the Wills Act?
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What happens to a gift made to a deceased child in a will?
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Which document must be consulted to understand the restrictions on gifting immovable property to non-Singapore citizens?
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What is a potential consequence of a will that does not name any substitute executor?
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If a will does not provide a residuary clause, what happens to assets that are not specifically disposed of?
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What must be included in a will for a gift to pass to a deceased child’s issue?
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What is a key requirement for a valid Will according to the formal validity rules?
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Which of the following is NOT a role defined in a Will?
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Which of the following must a Testator be to create a valid Will?
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What is the consequence if a beneficiary serves as a witness to the Will?
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Which term describes the person responsible for administering the estate after the Testator's death?
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What legal standing must a Testator hold to be considered capable of making a Will?
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Which statement regarding the formal requirements of a Will is correct?
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Which of the following statements about Wills is true?
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Which statement accurately describes the scope of the Inheritance (Family Provision) Act?
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What is the main responsibility of a solicitor in will drafting according to proper legal practice?
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What consequence can arise from a failure to maintain proper attendance notes by the drafting solicitor?
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Under what condition must a solicitor refuse to draft a will for a client?
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What specific aspect does section 3 of the Inheritance (Family Provision) Act address?
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How should a solicitor assess the client's requests during the will-drafting process?
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In which scenario might a solicitor's attendance notes become crucial?
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What principle underlies the drafting of a will by a solicitor?
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What might occur if there is an omission in the attendance notes regarding the testator's state of mind?
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Which of the following details is NOT essential to include in your attendance notes when preparing a will?
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In the context of testate estates, what role do executors play after the death of the testator?
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What is a critical difference between intestate and testate estates concerning who manages the estate?
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Under the Intestate Succession Act, what primarily determines the entitlement to a deceased’s estate?
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What should be noted if the testator's instructions are taken in a language other than English?
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What must a testator do if they wish to leave a reasonable provision for certain dependants?
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When could a court be skeptical about the drafting solicitor’s testimony?
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Study Notes
Wills
- A Will is a written declaration with requirements set out by statute regarding the testator's intentions for their assets after their death.
Key Characters
- Testator: The person making the Will
- Executor(s): Person(s) named in the Will responsible for managing the estate after the testator's death.
- Beneficiary: Person(s) designated in the Will to receive property from the estate upon the testator's death.
Who Can Make a Will?
- Any individual at least 21 years old
- Exceptions for soldiers, mariners, or seamen at sea
- The individual must be of sound mind (have testamentary capacity)
Requirements for a Valid Will
- Written (s 6 WA)
- Executed in the presence of 2 or more witnesses at the same time
- Witnesses must subscribe to the Will in the presence of the testator (s 6(2) WA)
- Beneficiaries or spouses of beneficiaries should not be witnesses (s 10 WA)
- It must meet the requirements in s 5 of the Will Act.
Will's Effectiveness
- A Will cannot break (sever) a joint tenancy, which can only be done via notice of severance.
- Assets held in inter vivos trusts are not part of the deceased's estate.
- Gifts in a will are subject to the principle of ademption, if the property does not exist at the testator's death, the gift fails.
- If there is insufficient money to pay cash gifts, legacies are reduced proportionally (abatement).
Beneficiaries
- A gift generally lapses (becomes void) if the beneficiary dies before the testator - unless a gift over clause, or section 26 of the Wills Act applies.
- Section 26 of the Wills Act applies to gifts specifically named to a child; the gift passes to the child's estate if they predecease the parent.
- Unless the Will states otherwise, a gift to a child predeceasing the testator that has issue living at the time of the testator’s death will not lapse and will pass to the child's estate.
- Section 26 does not apply to class gifts, here, the gift lapses for the deceased member, but is redistributed to the surviving members.
Beneficiary Profiles
- Special considerations apply for immovable property passing to non-Singaporeans or beneficiaries who own HDB property.
- The Residential Property Act (RPA) and the Housing and Development Act (HDA) apply to the inheritance of real estate.
Other Points
- A partial intestacy may occur if:
- Executors are not named in the Will
- All executors have predeceased the testator.
- The Will does not dispose of all of the testator's estate.
- There is no residuary clause to deal with undirected assets.
- The Inheritance (Family Provision) Act allows for certain dependants (specifically not parents or illegitimate children) who are not provided for in the Will to apply to the court to adjust the distribution of the testator's estate for their maintenance.
Taking Instructions in Will-Drafting
- There must be no room for doubt in understanding the testator's intentions and translating those intentions into the Will.
- Lawyers should be aware of who they can act for, if they or their family are beneficiaries, they cannot act for the testator.
Taking Attendance Notes
- Attendance notes are crucial for documenting the testator's instructions, especially for construction of the Will if a dispute arises.
- Attendance notes should be kept properly and contain details such as:
- How long the lawyer has known the testator
- Who introduced the testator to the lawyer
- The date the instructions were received
- How instructions were received (email, phone, etc.)
- The location and attendees of any meeting
- Whether the testator exhibited signs of confusion or loss of memory
- How the provisions of the will were explained to the testator
- If the testator can read English, and if not what language the Will was interpreted in.
Intestate vs. Testate Estates
- In a Testate estate:
- The testator can choose their personal representatives (executors and trustees)
- The testator can choose their beneficiaries and their shares, subject to providing reasonably for dependents.
- The estate vests in the executors and they manage the deceased’s affairs once they receive the grant of probate.
- In an Intestate estate:
- The Public Trustee manages the estate until a grant of letters of administration is applied for.
- The estate's distribution is governed by the Intestate Succession Act (ISA).
- The ISA determines who can be the administrator based on their priority of entitlement to the estate.
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Description
This quiz covers the essential elements of wills, including definitions of key characters such as testators, executors, and beneficiaries. Learn about the legal requirements for creating a valid will and who is eligible to make one. Test your understanding of wills and their effectiveness!