About Daryl Lum

Daryl is pursuing his Juris Doctor in Law at the Singapore University of Social Sciences School of Law. Other than his dream of being called to the Singapore Bar, he hopes that he can become a professional football player (too old), a professional cyclist (too slow) and a professional gamer (too lousy). He will make peace with not achieving the latter three dreams so long as he gets his SUSS law degree and gets called to the Singapore Bar.

The doctrine of assent

One of the duties of the personal representative, an administrator or an executor, would be to settle all outstanding debts before distribution of assets to the beneficiaries. Once the administrator or executor has fulfilled his duties, the assets that remain can be distributed to the beneficiaries of the estate. It is only at this point [...]

By |2024-05-05T22:51:50+08:00May 5th, 2024|Wills, Probate and Administration|0 Comments

How to determine whether a person has mental capacity under the Mental Capacity Act

Whether a person has the mental capacity under the Mental Capacity Act 2008 (MCA) usually is an issue when a lasting power of attorney (LPA) is challenged.   Section 4(1) of the MCA states that a person lacks capacity… if the person is unable to make a decision for himself or herself in relation to [...]

By |2024-05-05T21:48:45+08:00May 5th, 2024|Wills, Probate and Administration|0 Comments

Analysis of Cheo Yeoh & Associates LLC and another v AEL and others [2015] 4 SLR 325

There are many holdings that can be gleaned from the Court of Appeal case of Cheo Yeoh & Associates LLC and another v AEL and others [2015] 4 SLR 325 (“Cheo Yeoh”).    Brief facts of the case: The deceased had executed two wills. One in 1990 and another in 2005. His supposed intention was for [...]

By |2024-04-30T01:01:44+08:00April 30th, 2024|Wills, Probate and Administration|0 Comments

Illegitimate children and the Intestate Succession Act 1967

Background: The law of legitimacy was received in Singapore as part of the common law through the Second Charter of Justice 1826. Singapore never abolished the law of legitimacy and therefore it remains part of Singapore law. Assumption: That the deceased is not a Muslim. If the deceased is a Muslim, the Intestate Succession Act [...]

By |2024-04-30T00:21:02+08:00April 30th, 2024|Wills, Probate and Administration|0 Comments

Capacity of an administrator (whether an administrator can bring an action before obtaining the grant of letters of administration)

The rule on vesting and capacity Unlike an executor of a will obtains his title and authority from the will, an administrator obtains his title and authority from legislation. Therefore, an administrator can only act on behalf of the estate when the grant of Letters of Administration is obtained. Before obtaining this grant, the person [...]

By |2024-04-29T23:10:05+08:00April 29th, 2024|Wills, Probate and Administration|0 Comments
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