Please enable JavaScript.
Coggle requires JavaScript to display documents.
PROBATE, Construction of Wills, T = Testator
B = Beneficiary, Affidavit…
PROBATE
Wills
Formalities
-
-
T must be 21
(-) Unless Soldier, Mariner, Seaman
-
-
Executors
- Age > 21
- Not bankrupt
- Sound mind
- Can be B
-
Intestacy
Illegitimate, Adopted & Foster Children
-
(+) Legitimate Child
(+) Child adopted in SG, MY or Brunei
-
Generally:
- Bs determined by ISA
- Min. 2 administrators
- Estate vests in Public Trustee until LOA obtained by administrator
- During LOA applications, need to prove deceased’s religion, custom, personal law and ages and details of beneficiaries
- No power to deal with estate until LOA obtained.
- Bond / sureties needed
- May attract stamp duty if immovable properties need to be transferred
- No right to commence proceedings as administrator of the estate until administrator has obtained the grant of LA.
- S66 PAA for remuneration of administrator
Partial Intestacy : s10 ISA
- For assets left out from will.
-
Probate & Administration
-
Is there a Will?
Yes
Executors?
-
No
Type 2: LOA w Will Annexed (S13, 21 and 22 PAA)
Executor must have Priority: S13(2) PAA
- Legatee - personal representative of deceased Legatee - Intestacy ppl - Legatee with beneficial interest - T's creditor
(+) Otherwise: obtain reununciation
-
No
Type 3: LOA
(S18 PAA)
Process on Pg 57
- Applicant i.e. Potential Administrator must have priority of entitlement under ISA s7
(+) Otherwise : obtain reununciation
-
Type 4: Resealing Grant of Foreign Probate
- Grants obtained in Commonwealth / HK Court + deceased has assets in SGx
- If not Commonwealth/HK - apply for fresh grant of probate
Contested Applications
- 3P has interest in T's estate .e.g concerns over validity of will, or distribution of estate
- Caveat prevents the Grant of Probate or Letters of Administration from being issued until dispute is resolved
-
LPA & DEPUTYSHIP
Does Donor Have Mental Capacity?
Test:
- Functional inability to make a decision
- Impairment of mind
- Causal connection between (1) and (2)
-
-
S26 Excluded Decisions
- Marriage
- Sexual touching
- Divorce for 3 years separation
- Adoption
- Religion
- Gender Change
- Sexual sterilisation
- Organ transplant upon death
- Abortion
- Medical Research
- Advanced Medical Directive
Construction of Wills
General Principles:
- Must give effect to T's intention
- T does not will in vain i.e. give effect to every word in the Will
Abatement
Insufficient money to pay cash gifts, fulfil all debts, expenses and gifts in full, then the legacies are reduced and this is known as abatement and each beneficiary takes pari passu.
When B dies before T
Generally:
- Gift by Will lapses
- If there is no substitute B, that gift will be distributed under residuary clause (s 20 WA)
UNLESS B is T's Child AND specifically named so (s 26 WA)
- Gift goes to deceased B's estate, instead of returning to T's estate
(-) S26WA does not apply to CLASS GIFTS - lapses and will be redistributed to the surviving children in equal shares
-
Ambulatory Nature of Wills
- Effected only upon T's death (S19 WA)
Subsequent conveyance e.g. sale/transfer of property in will, does not prevent operation of Will: s18 WA
-
-
-
-