1. Introduction to Wills and Probate

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Questions and Answers

How can a joint tenancy be severed effectively?

By the execution of a will

Through oral communication between the joint tenants

Through mutual agreement documented in writing

By serving a notice of severance to the other joint tenant (correct)

What happens to a gift if the gifted property does not exist at the testator's death?

The gift is automatically transferred to the estate

The principle of ademption applies, causing the gift to fail (correct)

The gift is given to another beneficiary designated in the will

The gift is postponed until the property exists

What effect does section 26 of the Wills Act have on a named beneficiary who dies before the testator?

The gift lapses and goes to the residuary estate

The gift is reallocated among remaining beneficiaries equally

The gift passes to the estate of the deceased beneficiary (correct)

The gift is transferred to the testator's closest living relative

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?

The gift passes to the deceased child's estate for distribution Signup and view all the answers

Which of the following statements about class gifts is true regarding section 26 of the Wills Act?

Class gifts are exempt from the provisions of section 26 Signup and view all the answers

What happens to a gift made to a deceased child in a will?

It automatically lapses and is redistributed to surviving children. Signup and view all the answers

Which document must be consulted to understand the restrictions on gifting immovable property to non-Singapore citizens?

Residential Property Act (RPA) Signup and view all the answers

What is a potential consequence of a will that does not name any substitute executor?

The will may face partial intestacy requiring administration with will annexed. Signup and view all the answers

If a will does not provide a residuary clause, what happens to assets that are not specifically disposed of?

They pass to the beneficiaries upon intestacy. Signup and view all the answers

What must be included in a will for a gift to pass to a deceased child’s issue?

An express clause indicating the gift passes to the deceased child's issue. Signup and view all the answers

What is a key requirement for a valid Will according to the formal validity rules?

It must be in writing and witnessed. Signup and view all the answers

Which of the following is NOT a role defined in a Will?

Debtor Signup and view all the answers

Which of the following must a Testator be to create a valid Will?

At least 21 years old. Signup and view all the answers

What is the consequence if a beneficiary serves as a witness to the Will?

The beneficiary may not benefit from the Will. Signup and view all the answers

Which term describes the person responsible for administering the estate after the Testator's death?

Executor Signup and view all the answers

What legal standing must a Testator hold to be considered capable of making a Will?

Of sound mind and testamentary capacity. Signup and view all the answers

Which statement regarding the formal requirements of a Will is correct?

Wills require two or more witnesses who must subscribe the Will. Signup and view all the answers

Which of the following statements about Wills is true?

Military personnel have special provisions for making Wills. Signup and view all the answers

Which statement accurately describes the scope of the Inheritance (Family Provision) Act?

It does not cover requests from parents of the deceased. Signup and view all the answers

What is the main responsibility of a solicitor in will drafting according to proper legal practice?

To ensure there is no ambiguity about the testator's intentions. Signup and view all the answers

What consequence can arise from a failure to maintain proper attendance notes by the drafting solicitor?

Adverse legal implications may arise in contested will cases. Signup and view all the answers

Under what condition must a solicitor refuse to draft a will for a client?

If the solicitor has a financial interest in the estate. Signup and view all the answers

What specific aspect does section 3 of the Inheritance (Family Provision) Act address?

The exclusion of parents from making claims under the Act. Signup and view all the answers

How should a solicitor assess the client's requests during the will-drafting process?

By verifying that the requests are practical and legally permissible. Signup and view all the answers

In which scenario might a solicitor's attendance notes become crucial?

When the terms of the will are contested. Signup and view all the answers

What principle underlies the drafting of a will by a solicitor?

To reflect the exact wishes and intentions of the testator clearly. Signup and view all the answers

What might occur if there is an omission in the attendance notes regarding the testator's state of mind?

The court may draw adverse inferences against the drafting solicitor. Signup and view all the answers

Which of the following details is NOT essential to include in your attendance notes when preparing a will?

The testator's favorite hobby. Signup and view all the answers

In the context of testate estates, what role do executors play after the death of the testator?

They handle the deceased’s affairs subject to the production of the grant of probate. Signup and view all the answers

What is a critical difference between intestate and testate estates concerning who manages the estate?

In intestate situations, the estate vests in the Public Trustee until administrators are appointed. Signup and view all the answers

Under the Intestate Succession Act, what primarily determines the entitlement to a deceased’s estate?

Statutory provisions of the ISA. Signup and view all the answers

What should be noted if the testator's instructions are taken in a language other than English?

The interpreter’s qualifications need to be recorded. Signup and view all the answers

What must a testator do if they wish to leave a reasonable provision for certain dependants?

Include specific provisions in the will itself. Signup and view all the answers

When could a court be skeptical about the drafting solicitor’s testimony?

If there is a lack of attendance notes. Signup and view all the answers

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!