B24 Wills and Succession Planning in Singapore

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Questions and Answers

Which clause is found at the end of a will?

Testimonium (correct)

Specific gift(s)

Residuary gift(s)

Appointment of guardian(s)

What is the consequence of a gift to an attesting witness or their spouse under the Wills Act?

The gift is automatically revoked.

The gift remains valid if the witness is unrelated.

The gift becomes void. (correct)

The gift is valid if mentioned in a codicil.

Which of the following best describes the concept of 'partial intestacy'?

When all beneficiaries are adequately provided for in the will.

A situation where no will exists.

A scenario where a will is entirely valid.

When only a part of the estate is distributed according to intestate succession laws. (correct)

Who is generally disqualified from being appointed as an executor of a will?

A bankrupt person. Signup and view all the answers

Which of the following options is considered a valid inter vivos gift?

Monetary gifts made while the giver is still alive. Signup and view all the answers

What is the purpose of the Application for Letters of Administration for Resealing step 2A?

To provide supplementary documentation Signup and view all the answers

At which step does the court issue the Memorandum of Resealing?

Step 4 Signup and view all the answers

What is required when a deceased individual died domiciled outside of Singapore?

Application for Grant of Probate Signup and view all the answers

Which procedural step must be complied with after filing an application for Grant?

Extraction of Grant Signup and view all the answers

Which statement correctly describes the actions of administrators of an estate?

All administrators must jointly act for the estate. Signup and view all the answers

What are renunciations and consents related to in the context of grants?

Clearing prior rights Signup and view all the answers

When can personal representatives commence acting for the deceased's estate?

Only after obtaining the grant of probate Signup and view all the answers

What type of application allows administrators to operate without sureties?

Dispensation of Sureties Signup and view all the answers

Which individuals are excluded from the application of the Inheritance (Family Provision) Act 1966?

Muslims Signup and view all the answers

What must be demonstrated in order to make a successful application under the IFPA?

Reasonable provision for maintenance Signup and view all the answers

What can the court order under the IFPA for a surviving spouse or child?

Payment from the net estate for maintenance Signup and view all the answers

Which of the following is NOT a type of grant related to probate?

Grant of exemption Signup and view all the answers

What is the first step in the application process for a grant of probate?

Originating summons Signup and view all the answers

According to the Maintenance of Parents Act 1995, what is required to obtain a grant of letters of administration?

Surety bond Signup and view all the answers

What legal document is required to formally initiate a grant of letters of administration?

Originating summons Signup and view all the answers

What is a significant factor in the interplay between the Women's Charter 1961 and the IFPA?

Just and equitable division Signup and view all the answers

Which of the following acts and decisions are covered by the Mental Capacity Act (MCA)?

Personal welfare decisions Signup and view all the answers

What is required to determine a lack of capacity under the MCA?

Understanding of the decision being made Signup and view all the answers

Who can create a Lasting Power of Attorney (LPA)?

Any individual over the age of 18 Signup and view all the answers

What type of decisions can a donee make under the Personal Welfare category of an LPA?

Medical treatment decisions Signup and view all the answers

In the context of capacity, which option best describes the 'best interests' principle of the MCA?

Making choices that the individual would have made if they had capacity Signup and view all the answers

Under the MCA, what is a donee's defence?

A safeguard against wrongful decisions made in good faith Signup and view all the answers

Which section of the MCA deals with criteria for determining whether someone is unable to make a decision?

s4 MCA Signup and view all the answers

Which of these options is NOT a power granted to the donee under the Property & Affairs category of an LPA?

Taking decisions about living arrangements Signup and view all the answers

What does Section 10 of the Intestate Succession Act pertain to?

Partial intestacy in relation to the Civil Law Act Signup and view all the answers

Which type of child is NOT recognized under the intestacy provisions explained in the Intestate Succession Act?

Non-relative child Signup and view all the answers

What does Section 6 of the Intestate Succession Act address?

Persons considered similarly related to the deceased Signup and view all the answers

What is a key benefit of having a will under the outlined advantages?

Right to choose beneficiaries and determine legacies Signup and view all the answers

Which type of child is excluded from the Hotchpot Rule according to Section 9 of the Intestate Succession Act?

Step-child Signup and view all the answers

What is the concept of 'half blood' and 'whole blood' referring to in the context of intestate succession?

The relationship of children to the deceased based on bloodlines Signup and view all the answers

In the event of intestacy, what is typically required to prove the deceased's customs and personal law?

Proof of the deceased's religion and customs Signup and view all the answers

What advantage does having a will provide concerning the administration of an estate with a minor beneficiary?

Ability to choose a guardian for the minor Signup and view all the answers

What is the nature of wills according to the principle of ambulatory nature?

They can be altered at any time before the testator's death. Signup and view all the answers

Which of the following best describes the concept of ademption in relation to wills?

It occurs when a specific gift is no longer part of the estate. Signup and view all the answers

What is a key purpose of a residuary clause in a will?

To ensure all property is distributed without partial intestacy. Signup and view all the answers

When beneficiaries predecease the testator, what legal principle applies to address this situation?

The share goes back into the residuary estate. Signup and view all the answers

What cannot prevent the operation of a will according to existing laws?

A subsequent conveyance of property. Signup and view all the answers

Which situation exemplifies a potential conflict of interest in the preparation of a will?

A partner in a law firm drafting a will for their spouse. Signup and view all the answers

Which of the following must be established to validate the testamentary capacity of the testator?

Awareness of the nature of their assets and distributions. Signup and view all the answers

What is a key consideration when a will is drafted regarding the appointment of executors?

The suitability of the executor for the responsibilities involved. Signup and view all the answers

Study Notes

Succession Planning in Singapore: Wills

A will is a written declaration of intentions regarding matters after death, following statutory formalities.
Testator: Person making the will.
Executor(s): Person(s) named in the will to deal with the estate.
Beneficiary: Person(s) named to receive property from the estate.

Who Can Make a Will?

At least 21 years old.
Exceptions in the Wills Act (WA) for soldiers, mariners, seamen at sea.
Of sound mind (testamentary capacity).

Substantive and Formal Requirements of a Valid Will

Formal validity: Complies with the Wills Act section 5 (WA).
Must be in writing (WA section 6) and executed in the presence of two or more witnesses who also sign the will in the testator's presence (WA section 6(2)).
Witnesses should not be beneficiaries, their spouses or beneficiaries' spouses.
Substantive validity: Will must conform to the law of the territory where the will was executed or where the testator was domiciled at the time of the execution or his death.

Gifts to Attesting Witnesses or Spouses

Any will that includes gifts to an attesting witness or any person related to the witness will be void. (WA section 10).

When Does a Will Take Effect?

The Typical clauses in a Will include Commencement, Revocation, Appointment of executors and trustees, specific gifts, Residuary gifts(catch-all provision), and Testimonium.

Trust Properties and Assets

Properties placed in inter vivos trusts are not considered part of the deceased’s estate.
A gift fails if the property no longer exists at the time of the death.

Beneficiaries

Gifts lapse if a named beneficiary dies before the testator.
Unborn children are considered to be beneficiaries even if they are in the womb at the testator's death.
Surviving spouses with or without descendants generally have priority over others in inheriting the intestate estate.

Dealing with Intestacy

The Intestate Succession Act governs distribution of estates without a valid will.
Intestacy applies to properties not covered by the will.
Priority rules determine who inherits based on their relationship to the deceased. (spouse, children, parents, siblings, grandparents, uncles/aunts etc).

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Description

This quiz covers the essential aspects of creating a will in Singapore, including who can make one and the necessary formal and substantive requirements. Understand the roles of the testator, executor, and beneficiaries, and the importance of statutory compliance in the wills process.