Mastering Wills and Estate: Essential Insights, Laws, and Applications for Effective Estate Planning

Running head: WILLS AND ESTATE

WILLS AND ESTATE 1
Contents
Answer to Q1..............................................................................................................................................2
Issue............................................................................................................................................................2
Relevant law................................................................................................................................................2
Application..................................................................................................................................................3
Conclusion...................................................................................................................................................4
Answer to Q2..............................................................................................................................................4
Issue............................................................................................................................................................4
Relevant Law...............................................................................................................................................4
Application..................................................................................................................................................5
Conclusion...................................................................................................................................................6
Answer to Q3..............................................................................................................................................7
Issue............................................................................................................................................................7
Relevant law................................................................................................................................................7
Application..................................................................................................................................................8
Conclusion...................................................................................................................................................9
Answer to Q4 (a).........................................................................................................................................9
Issue............................................................................................................................................................9
Relevant Law...............................................................................................................................................9
Application................................................................................................................................................10
Conclusion.................................................................................................................................................10
Answer to Q4 (b) (i)..................................................................................................................................10
Answer to Q4 (b)(ii)..................................................................................................................................10
References.................................................................................................................................................11

WILLS AND ESTATE 2
Answer to Q1.
Issue
In this case, the issue pertains to the will of Alvin Tan who died in the month of
December 2010. He had made a will on 3rd June 2002. His two friends Ravi Sindar and Matthew
Tanner were made the executors and trustees of his will. He had mentioned in the will that an
amount of S$5000 would be given to them even if they do not act as executors of his will.
He had also mentioned giving a sum of S$10,000 to his godson which would be paid
from his OCBC Bank Account. He also decided to pay a sum of S$5,000 to his granddaughter
when she attains the age of 18 years. He left the rest of his estate in the name of his brother Elvis
Tan who died prior to his death. He was survived by his two brothers. His parent died many
years ago. He remained unmarried throughout his life and had no children.
So, this case is about the method of distribution of a residuary estate.
Relevant law
The Intestate Succession Act would be applied in this case. Section 4 of the Act explains
that the movable and immovable assets of the deceased person shall be distribution and
controlled as per the rules of the nation in which he was living at the time of his demise
(Bonomi, 2017).
As per Rule 6 of Section 7'Rules for distribution ‘ of the Act, in case there are no alive
spouse, parents or descendants, the sisters and brothers along with the children of their deceased
siblings shall be entitled to share the estate equally amongst them(Thomson Reuters, 2019).

WILLS AND ESTATE 3
Section 10 of the Act defines that where a will is left by a deceased person, thereby
distributing of some portion of the property, then the regulations of the Act shall be implemented
in a similar manner on the portion of his undistributed property. Furthermore, it should be
according to the clauses stated in the will (Singapore Statutes Online, 2019).
Application
The residuary estates can be defined as the assets which were owned by the dead and
those which were not stated in the will. Moreover, the residuary estate has not been assigned to
the proposed beneficiary in the will. There are various reasons for the residuary property (Tu,
2016b).
There was some error in the will. As per the given case, it was stated by Alvin that
S$10,000 would be given to his godson Simon Temper. They would be paid from his OCBC
Bank Account. Upon his demise, it was discovered that there were many Bank accounts of DBC
in his estate while on the other hand; there were no Bank accounts in OCBC Bank.
The other reason might include the demise of the beneficiaries prior to the death of Alvin
or before the distribution of property. One of the beneficiaries and executors of the will of Alvin
passed away before the death of Alvin. His brother Elvis also died before his death.
Some other reasons can be that the dispersal of assets was not according to the law. Alvin
might have obtained them after he wrote the will during his lifetime (O’ Sullivan, 2017).
Furthermore, as per the case, there was no residuary clause in the will.
According to the provisions of Rule 6 of Section 7'Rules for distribution ‘ of the Intestate
Succession Act, the surviving children of the deceased siblings of Alvin and his two brothers