Wills and Legal Provisions Quiz

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Questions and Answers

What is a requirement for a valid will as per the discussed provisions?

It must be written and executed according to specific subsections. (correct)

It must be signed in the presence of two witnesses.

It may be verbal as long as it is recorded.

It must be notarized by a legal professional.

For a will executed before 26th June 1992, when does the applicability of the discussed section cease?

It does not apply at all. (correct)

When the testator dies after that date.

Only if the testator made drastic changes to the will.

When the will is executed after that date.

Which test is applied for determining which system of internal law to use regarding the validity of a will?

Jurisdictional Relevance Test.

Close Connection Test. (correct)

Arbitration Fatness Test.

Long Arm Statute Test.

What does the signature requirement state about how a will should be signed?

It must be signed at the foot or end and can be acknowledged by the testator. Signup and view all the answers

What is not a requirement for the validity of a will according to the discussed provisions?

It must be attested by at least one witness. Signup and view all the answers

What is required from a solicitor to ensure that a will accurately reflects the testator's intention?

Thorough documentation of discussions and instructions Signup and view all the answers

In what situation must an affidavit regarding the due execution of a will be provided?

If no attesting witness is conveniently available Signup and view all the answers

What is the best practice for a solicitor regarding potential conflicts of interest in will preparation?

Seek to avoid any appearance of conflict Signup and view all the answers

What responsibility does a registrar have if there are doubts about the due execution of a will?

Require an affidavit as to due execution Signup and view all the answers

Why must the preparation of a will not be treated as a routine form-filling exercise?

Wills hold significant sentimental value and legal implications Signup and view all the answers

What was determined in the case of Cheo Yeoh concerning will execution?

The deceased's solicitors were held liable for negligence Signup and view all the answers

What must a solicitor confirm about the translation of a will if it is required?

It must be thorough and competently done Signup and view all the answers

What should a solicitor do if they have a past relationship with a beneficiary during will preparation?

Exercise exceptional restraint and care Signup and view all the answers

What is a significant legal principle regarding a witness's status when attesting the execution of a will?

A witness may be an executor and still validate the will. Signup and view all the answers

How does the presence of a creditor affect the validity of a will when they're a witness?

The creditor may witness if their debt is charged in the will. Signup and view all the answers

What happens if a person attesting a will is later found to be incompetent?

The will remains valid despite the incompetency. Signup and view all the answers

In the case of contested will terms, what is often compared to clarify intentions?

Attendance notes of the drafting solicitor. Signup and view all the answers

What principle does the law uphold regarding the preparation of a will and the solicitor's role?

Proper documentation by the solicitor is essential to uphold the will’s terms. Signup and view all the answers

What is generally required for someone to be appointed as an executor in a will?

The person must be able to distribute assets in line with the law. Signup and view all the answers

What common misstep can adversely impact a solicitor's case regarding a will's interpretation?

Inadequate attendance notes during will preparation. Signup and view all the answers

What legal document is considered crucial in establishing a testator's final wishes?

The last will and testament. Signup and view all the answers

Study Notes

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

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Description

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.