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Lecture 1
Intro and Succession
Basic Structure of a Will
TWP
Key features of the subject
- Lecture on Thursdays, 2 4 pm in LT 20
- Lab 2 hours per week
- P03 & P06
Tutor: Cynthia Rodrigo
- P01 & P05
Tutor: Mathavan Devadas
- P02 & P04
- Materials on OLIVE
Assessment
Project 1 Drafting a Will
Project 2 - Probate
Class Participation
Exam
TOTAL
- 20%
- 20%
- 10%
- 50%
100%
Administration
Certificate of Release/Estate
Duty
The Law of Trusts
See Schedule for Lectures
References
Singapore Precedents & Forms: Wills, Trusts &
Administration (Vol. C)
Encyclopaedia of Forms and Precedents
(Butterworths)
Rules of Court, O 71
Supreme / Subordinate Court Practice Directions
Will Writing Richard Yeo
Probate & Administration in Singapore & Malaysia
G Raman
Law of Succession
Succession
Transfer of property on death
Via Will
Intestacy
Most adults pass away without having made a will
Advantages of leaving a will
Intestacy
Partial
Made will, but failed to dispose of all property
Some dispositions fail
Total
Deceased never made a will
Made will but it is invalid lack of capacity etc.
Will revoked
Sole beneficiary pre-deceased testator
No disposition
Deceased did not name an executor
Executor named predeceased testator
Tacplas Property Services Pte Ltd v Lee Peter Michael (Administrator
for the estate of Lee Chong Miow, deceased) [2000] 1 SLR 637
10
Total Intestacy
Estate vests in the Public Trustee
Property is distributed according to the Intestate
ISA
If no, only immoveable property in Singapore will be. Movables?
s.4
Re Tan Soh Sim [1951] MLJ 21
11
No (rules 3 9).
Descendants,
then parents,
more remote relatives
12
Persons entitled
Spouse must be spouse at the time of death. It does not
child s. 3
Unborn child is still a child s. 6(a)
What about step-children?
13
Persons entitled
Descendants direct or lineal descendants or issue In
14
net estate
15
3 All ER 385
born
16
pass by nomination
If no nomination made, property distributed by Public
17
Insurance policies
Beneficiary also by nomination
Policy can be paid out to nominated person
Insurer should pay to named beneficiary
Estate is not entitled unless there is no named
beneficiary
Vaswani Roshini Anilkumar v Vaswani Lalchand
Challaram [2006] 2 SLR 257
18
19
children
20
Pre-drafting considerations
Capacity to make will?
Age s. 4 Wills Act, subject to s. 27 WA
Of sound mind, memory and understanding?
Going to get married soon?
s. 13 WA
In debt? Do debts exceed assets?!
Made any other Wills?
21
Testamentary Intention
Testator must understand the nature of his/her acts
22
Taking instructions
Know his/her family
23
24
Commencement clause
Identification of Testator
25
26
Revocation"
Relevance of Prior Will
On why change(s) are desired
In case some clauses are to be retained
In case of later Will not being exhaustive
In case of later Will being invalid
27
Revocation
Methods of revocation s. 15 Wills Act
s. 13 Marriage
like a Will
Physical destruction
28
parties inconsequential
Specific marriage - No revocation if Will made in
29
Revocation of Wills by
Destruction
Destruction s. 15(d)
- burning, tearing,
destroying
- Intention to revoke
Elements required :
Act of destruction
Intention to revoke
e.g. Failure to revoke striking through will
with pen
30
Next Lecture
Wills
Main Clauses
Execution