Wills and Legal Provisions Quiz

Probate (#PS)

• A will is a written declaration of a person's wishes to take effect after their death
• Nuncupative wills are generally invalid, except for soldiers in active duty or sailors at sea
• AMLA (Administration of Muslim Law Act) applies specific restrictions on the total amount of a Muslim's estate that can be bequeathed.
• Wills must be in writing and executed in accordance with the stipulated manner

Types of Wills

• Nuncupative wills (oral wills). Exceptions: Soldiers in active duty or sailors at sea.
• Mutual wills: made under an agreement where neither party may revoke theirs without the other's consent.
• Joint wills: Executed by two or more persons, the surviving party inherits the entire estate.
• Soldiers' wills: Made by soldiers in active duty. Valid though potentially under the age of 21.
• Soldiers and sailors have specific allowance for oral wills

Testamentary Capacity

• A testator must understand their actions and consequences, extent of property and the beneficiaries, and be of a sound mind.
• Insane delusions raise a presumption denying capacity.
• If a testator had a mental illness before creating the will, a presumption of incapacity exists, which needs to be disproved or shown to be invalid during the lucid interval.
• The property's value is a factor in determining the testator's competence

Executor's Appointment

• An executor is appointed by the testator.
• Infants (those under 21) cannot act as an executor
• Those who are mentally disordered cannot act as an executor
• An executor must present a security to ensure due execution of the testator's wishes
• The will specifies who the executor is and under what circumstances

Properties

• Joint tenancy property rights follow the right of survivorship
• Transfer procedures for registered and unregistered properties

Conflicts of Interests, Ethical Issues and Professional Negligence

• A solicitor must avoid conflicts of interest and act as a neutral party between beneficiaries
• Solicitors must prepare accurate documentation and accurately reflect the testator's wishes
• Lawyers must secure full informed consent for all parties involved to prevent conflicts.
• Solicitors must accurately document all beneficiary interests, particularly if there is a dispute or if conflicts of interest exist.

Intestacy

• The default when a person dies without a will
• Movable property is governed by the deceased's domicile
• Immovable property is governed by Singapore's intestate succession laws (ISA)

Probate and Administration

• Practical steps involved when someone passes away:
• Locate the will (or secure authenticated copy)
• Determine if the executor(s) are willing to act, capable of acting or needed for this estate
• Process for obtaining probate or letters of administration
• Any prior claims (e.g., caveats) affecting the estate must be considered
• If the estate exceeds SG5,000,000, then the Family Division of the High Court, otherwise the Family Justice Courts.

Muslim Marriages (#ML)

• AMLA (Administration of Muslim Law Act) applies to Muslim marriages and family matters
• Decisions can take place within the jurisdiction of the Syariah Court, often related to
• Jurisdiction applies to Muslim parties residing in or habitually residing in Singapore for 3 years.
• Issues related to marriage (initiation, validity, dissolution and other matters) fall under AMLA's jurisdiction.

Real Estate Practice (#REP)

• The process of transferring land ownership
• Different legal systems for registered and unregistered land
• Title searches to determine ownership and any encumbrances (e.g., mortgages, restrictions)
• Legal requirements and procedures
• Parties must understand their role and obligations
• Financial considerations include stamp duty, taxes and costs.

Lasting Power of Attorney

• LPA formalizes authority to make decisions when a person loses capacity.
• The document must be registered with the Public Guardian

Test your knowledge on the legal requirements for a valid will as per the discussed provisions. This quiz covers topics such as signature requirements, applicability of sections, and the relevant tests for determining internal law. Perfect for law students and professionals looking to refresh their understanding of will validity.