Distribution of Residuary Estate and Legacies in Alvin's Will

Running Head: ASSESSMENT 2 1
Assessment 2
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ASSESSMENT 2 2
Introduction
This paper provides brief answers in response to a fact pattern containing the will and last
testament of Alvin. The paper answers four main questions asked.
How the Residuary Estate will be distributed
Residuary estate is dealt with under clause 5 of Alvin Tan’s Will. By virtue of that clause,
the Alvin bequeaths the rest of his estate to his brother, Elvis Tan. According to the facts of the
scenario, Elvis died in 2007 leaving behind Alvin, the testator who died in 2007. Elvis, the
beneficiary of the residual estate, died leaving behind a wife and two children, namely Fin and
Hal aged seven and five, respectively. The issue, therefore, is how the residuary estate will be
distributed in light of the fact that the testator was predeceased.
It is important to consider whether Elvis’ wife and children have a right of benefiting
from the residuary estate. Section 26 of the Wills Act (1838) provides that where an issue dies
during the testator’s lifetime, the bequest will not lapse provided that issue is survived by
children. The intention of this section is that the gift reaches the testator’s grandchildren (Crown,
1992). The question is whether this provision is applicable to a beneficiary who is not a child of
the testator as is the case of Elvis. This question was dealt with by the High Court of Singapore
in the case of Re Will of Loke Soh Lui, Deceased (1997). Chan Seng Onn, JC authoritatively
emphasized that section 26 of the Wills Act is not applicable in instances where the gift is named
to a person who is not a child of the testator. Therefore, section 26 of the Wills Act is not
applicable in Elvis’ case. The gift/residuary estate bequeathed to Elvis will, therefore, lapse and
fall into residue. This is so unless the testator expressly stated to whom the gift will vest in case
the beneficiary predeceases him. However, this is not the case with Alvin’s will. Indeed,

ASSESSMENT 2 3
according to Halsbury Laws of England (1987), intentions unexpressed are irrelevant and courts,
as a general rule will not give effect to such.
How, therefore, will the residuary estate be distributed? The residuary estate will be
declared intestate since the death of Elvis rendered it lapsed and there is no further provision in
the will that envisages Elvis’ death. The residuary estate is rendered intestate and as such, will be
distributed under the rules of intestacy. The residuary estate will be distributed under section 7 of
the Intestate Succession Act (1967). Rule 6 of section 7 provides that where the testator is not
survived by a spouse, descendants or parents, the estate shall be shared in equal portions between
the brothers and sisters and the children of any deceased brothers and sisters. Accordingly, the
residuary estate will be shared in equal portions between Alvin’s brothers and sisters if any. Jim,
David and Elvis are the three named brothers of Alvin. The residuary estate will be shared
equally between these brothers and since Elvis is deceased, his share will devolve to his two
children, fin and Hal. However, since the two children are still minors, the gift will be held in
trust for them until they are of age – 18 years.
The Type of Legacies in Clauses 2 and 3 and whether they will take Effect
Under Clause 2 of the Will, Alvin bequeathed S$5,000 each to his two friends Matthew
Tanner and Ravi Sindar. The clause further adds that the gift will pass to them whether or not
they act as his executors. The gift bequeathed to Matthew and Ravi is a general legacy. It refers
to the kind of gift to be provided out of the testator’s general estate if sufficient assets are left as
opposed to something particular (Wood Estate v. Arlotti-Wood, 2004).
Will the gifts to Matthew and Ravi take effect? In answering this question, two salient
issued stand out: the first issue is whether a gift to executors take effect; and the second issue is