The Formal and Essential Validity of a Will
Formal validity under section 5(2) of the Wills Act 1838 and the three separate requirements for the essential validity of a will.
What Happens to an Estate on Death in Singapore?
What becomes part of a deceased person's estate, who may deal with it, and how testacy, intestacy and Muslim succession affect the answer in Singapore.
Domicile in Probate and Succession
Domicile connects a person to one legal system for purposes that include succession to movable property. It is not the same as citizenship, nationality, residence or immigration status. Every person has a domicile and can have only one domicile at a time. A domicile of origin is acquired at birth. It continues until displaced by [...]
The Doctrine of Relation Back
The doctrine of relation back may validate certain acts concerning an estate before letters of administration are extracted, but its scope is narrow. This article explains Tacplas and the later Singapore authorities governing its operation and limits.
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 [...]
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 [...]
Electronic Wills in Singapore
To execute a will validly, the will needs to be in writing and signed by the testator in the presence of 2 witnesses. The witnesses will need to similarly sign on the will in the presence of the testator (section 6 of the Wills Act 1838). Part 2 of the Electronic Transactions Act 2010 (ETA) [...]
Limits on testamentary freedom
The principle of testamentary freedom states that a person is free to will away his assets in his will. However, there are limits to this testamentary freedom. Section 3 of the Wills Act 1838 (WA) provides that all real and personal estate which the deceased is entitled to either at law or in equity at [...]
Validity of a will (formal validity and essential validity)
For a will to be valid, there needs to be both formal validity as well as essential validity. Formal validity We will first deal with the issue of formal validity. If a testator died before 26th of June 1992, common law would govern the formal validity of the will. If a testator died on [...]
Sham marriages and the Intestate Succession Act 1967
Spouses of sham marriages cannot succeed under the Intestate Succession Act 1967 As held in the High Court case of Gian Bee Choo and others v Meng Xianhui [2019] 5 SLR 812, an immigration advantage marriage would fall under the ambit of a sham marriage. Such sham marriages are void ab initio (the marriage never happened) [...]