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

In this answer we will discuss about wills & estate and below are the summaries point:- The text consists of answers to various questions related to wills and estate. Each answer includes sections such as issue, relevant law, application, and conclusion. The questions cover different topics such as legal issues, relevant laws, and their application in specific scenarios.

Running head: WILLS AND ESTATE
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

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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).

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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

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shall be entitled to claim their share in the property, which was to be given to his expired
brothers and sisters.
Conclusion
So, as per the given case, Jim Tan and David Tan, the two surviving brothers of Alvin
along with the children of his deceased brother Elvis can claim for their portion of an estate. The
children of his deceased brother are minor, so his surviving wife Sonia is entitled to take care of
the portion of an estate, till the children attain the age of 18 years.
Answer to Q2.
Issue
The issue pertains to the identification of the forms of legacies contained in Clause 2 and
3 and if they will take effect.Clause 2 of the will state that amount of S$5,000 would be
distributed to each of the friends of Alvin –Ravi Sindar and Matthew Tanner irrespective of they
act or not act as executors or trustees of will.
Clause 3 defines that Alvin has promised to give an amount of S$10,000 to is godson
Simon Temper which would be paid from his Bank account of OCBC.
Relevant Law
The case is related to the issue of the substitutionary gift. If a will comprises of a gift
which is to be given to the beneficiary on the condition that if he dies before the distribution of
his share in the property, then it shall be transferrable to his children if any. It is called to be a
substitutionary gift as held in Acker vs Osborn 45 N. J. Eq. 377, 17 Atl. 7G7.

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Similarly, it was also held in In re De Laveaga’s Estate, 119 Cal. G51, 51 Pac. 1074 (The
Law Dictionary, n.d.).
If the beneficiary passes away before the testator of the will, then the gift to be given to
him shall lapse. If there is no alternative clause in the will, then the lapsed gift of the deceased
beneficiary would form a part of the residuary estate of the demised person.
The residuary property would be distributed as per the instructions of the testator.
However, if the beneficiary dies before the testator and there is no will regarding this, then the
rules of distribution according to the intestate law would be applied in this case. Generally, if the
beneficiary dies prior to the deceased person, then the legal heirs are not eligible for their share
in the estate of the deceased as per the intestate law (Singapore Legal Advice, 2018a).
As per the Intestate Succession Act, if the siblings are left in the family, then they can
claim the estate. It should be equally distributed amongst them. If any of the siblings pass away,
then their children can claim to such share as per the regulations (Law Society of Singapore,
2017).
Application
These legacies are worthless as per the intestacy rules of Singapore. As per the intestacy
rules, as mentioned in the Intestacy Act in Singapore, the movable assets shall be dispersed
according to the rules of the nation in which the person was living when he died( Farallon Law
Corporation, 2015).

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The intestacy rules manage and regulate the immovable property in Singapore. As per the
rules, when the person dies leaving an invalid will, then his estate would be transferable to the
class of family member’s or heirs through intestate succession.
The estate would be shared among the members of the family in the ratio to which the
beneficiaries would be related to the deceased. The members of the family include spouse,
children, parents, grandchildren, siblings, aunts, uncles, niece and nephews (Gloria James-
Civetta & Co, 2016).
In the mentioned case, Matthew Tanner was appointed as the executor of the will as per
clause 1. Alvin has also promised to pay a sum of S$5,000 to each of his friends irrespective of
whether they act as executors or not as per clause 2 of the will.
As per clause 3, he has also stated that his godson can claim to an amount of S$10,000
which would be paid out of his OCBC bank account. According to the case and Intestacy rules,
his friend and godson cannot claim to the substitutionary gift.
Conclusion
The substitutionary gift shall not have effect as there was no clause in the will regarding
the distribution of property which would be given to the heirs of the beneficiaries who passed
away prior to the death of the deceased. So, the provisos of intestate law would be applicable
here.
As mentioned in clause 2 and 3, the legacies shall not take any effect as the beneficiaries
and executors are not the family members of Alvin. Moreover, Simon Temper is not his real son

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but a godson and Matthew died in 2003. As per Intestate Law, the deceased beneficiaries are not
eligible for the share of the estate of the testator.
Answer to Q3.
Issue
The issue is associated with the type of grants of registration and who should apply for it.
Relevant law
When a person passes away, the executors or trustees of his will which are chosen by him
can apply to the Court for grant of representation. The next-of-kin of the deceased soul can apply
to the Court for a Grant of Letter of Administration in case of no or lost will (First World
Problems Pte Ltd, 2014).
The Grant of application is the order of the Court authenticating the executors to act
accordingly as per the guidelines mentioned in the will.It comprises the delivery of assets of the
dead to his heirs. The disbursement of the properties of the dead shall follow the intestacy laws
(Crown, 2015).
If the gross value of the estate is not more than $3 Million, then the application shall be
filed in the Family Justice Court. In case of the invalid will of the dead person, the next-of-kin or
spouse of the dead can apply to the Court so that they can be appointed as representatives or
administers of the estate (SGMoneyMatters.com, 2019).

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The procedure for nomination of administration is called Grant of Letters of
Administration. According to the Intestate Succession Act of Singapore, seven categories of
people can claim to be appointed as administrators (Kalpan & Eyal, 2015).
These are siblings of deceased, spouse, brothers and sisters, parents, nephews, niece,
grandparents, children, grandchildren, uncles and aunts. If the beneficiary is below 21 years of
age, then two or more administrators shall be appointed.
Application
If the executors die, then the next-of-kin of the dead person (i.e. his alive siblings –Jim
Tan and David Tan) can apply to the Court for Grant of Letters of Administration.
In the given case, a grant of administration would be applied in Form 51 of Family
Courts Justice Practice Directions. The information of the deceased shall be provided by the
beneficiaries along with the details of his estate and death and the nation in which he was living
before his demise (Yip, 2014).
The assessed amount of the estate shall be confirmed if it is more than $3 Million or not.
As per the case, the assessed amount of the property is less than $ 3 Million. Before the
registration, a certified true copy of the will shall be confirmed. The original will shall be
verified and submitted to the Family Justice Courts ((Singapore Legal Advice, 2018b).
The filing of application should be within 6 months from passing of the dead person. If it
is filed after the said time limit, then the reason for delay should be mentioned for such late
filing(Stasi,2016).

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Conclusion
As per the case, Form 51 of Family Courts Justice Practice Directions shall be filed by
the alive brothers Jim and David Tan of deceased Alvin for the grant of an application.
Answer to Q4 (a).
Issue
The issue is associated with a type of legacy contained by Tanya as per Clause 4 of the
will.
Relevant Law
The type of legacy as contained in clause 4 of the will is a specific legacy. It is a gift
associated with a definite thing, legal or equitable which form a portion of the estate of the
testator (Singapore Statutes Online, 2019).
It must be identifiable by a satisfactory explanation and should be different from the rest
of the assets of the testator. It must also be favor of a particular person and show the intention of
the testator that the property shall be transferred to a legatee as in Celantano Estate v Ross
(2014) BCSC 27 (Disinherited, 2014).
But on the other hand, according to the Singapore Intestate Succession Act, the property
is dispersed according to Section 7 of the Act. It determines the precedence in which it would be
distributed - spouse, children, parents, siblings, grandparents, uncles and aunts.

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Application
If there is no alive spouse or children of the dead person, then his siblings are eligible to
claim the estate in equivalent proportion. If there are no alive siblings, then their children are
entitled to claim their estate in proportion their parents would have claimed their parts in the
estate (Tu, 2016a).
Conclusion
Tanya is not his own child rather she is the goddaughter of Alvin. So, legally she cannot
claim her estate. But as it is mentioned in the will, she is eligible for S$5,000 when she attains
the age of 18 years.
Answer to Q4 (b) (i).
The legacy of Tanya shall be held by the executors till she attains the age of 18 years.In
such a case, it is determined by the state that who shall receive the estate of the deceased and in
what amount.
Answer to Q4 (b)(ii).
In some cases, there are certain conditions attached to the gift. If the beneficiary does not
meet the requirements, then the benefit cannot be claimed by her. If she passes away before
attaining the age of 18 years, then her estate cannot claim for the amount and it would become a
residuary property (Summit Planners, 2019).

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References
Bonomi, A. (2017). Succession. In Encyclopedia of Private International Law . UK: Edward
Elgar Publishing Limited. 1683-1691.
Crown, B. C. (2015). Where There's a Will, There's a Way. SAcLJ, 27, 222.
Disinherited (2014). Three Types of Gifts in Wills. . Retrieved February 3rd , 2019 from
http://disinherited.com/the-3-types-of-legacies-gifts-in-wills-general-demonstrative-and-
specific/
Farallon Law Corporation(2015). Intestate Succession Act Singapore. Retrieved February 1st ,
2019 from https://fl.sg/resource/intestate-succession-act-singapore/
First World Problems Pte Ltd(2014) . What Happens If You Die Without a Will in Singapore?
Retrieved February 1st , 2019 from https://singaporelegaladvice.com/law-articles/in-
the-absence-of-a-will-how-is-the-deceased-estate-distributed/
Gloria James-Civetta & Co(2016) .Laws of Intestacy in Singapore. Retrieved February 1st ,
2019 from https://www.gjclaw.com.sg/articles/laws-of-intestacy-in-singapore/
Kaplan, A. & Eyal, L. (2015). The rise of freedom of estate planning. When will it fall?. Trusts
& Trustees, 22(1), 98-102.
Law Society of Singapore(2017). Wills, Intestacy, Probate & Administration. Retrieved February
1st , 2019 from https://lawsoc-clinic-manual.readthedocs.io/en/latest/sections/wills-
intestacy-probate-and-administration.html

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O’Sullivan, K. (2017). Distribution of intestate estates in non-traditional families: A way
forward?. Common Law World Review, 46(1), 21-41.
SGMoneyMatters.com(2019). How are assets distributed if a person dies without a will.
Retrieved February 1st , 2019 from https://www.sgmoneymatters.com/how-are-assets-
distributed-if-a-person-dies-without-a-will/ .
Singapore Legal Advice (2018a). What If a Beneficiary Dies Before Receiving His Inheritance?
Retrieved February 3rd , 2019 from
https://singaporelegaladvice.com/law-articles/beneficiary-dies-before-receiving-
inheritance/
Singapore Legal Advice (2018b). Applying for a Grant of Probate in Singapore . Retrieved
February 3rd , 2019 from https://singaporelegaladvice.com/law-articles/applying-for-a-
grant-of-probate/
Singapore Statutes Online (2019). Intestate Succession Act. Retrieved February 1st , 2019 from
https://sso.agc.gov.sg/Act/ISA1967
Stasi, A. (2016). Law of Inheritance. In General Principles of Thai Private Law .Springer:
Singapore. 255-283.
Summit Planners (2019). Intestate Succession Act. Retrieved February 1st , 2019 from
http://estateplanning.com.sg/statutory-laws/intestate-succession-act/
The Law Dictionary (n.d.). What is SUBSTITUTIONAL, SUBSTITUTIONARY? Retrieved
February 3rd , 2019 from https://thelawdictionary.org/substitutional-substitutionary/

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Thomson Reuters(2019). Understanding Intestacy: If You Die Without an Estate Plan. Retrieved
February 1st , 2019 from https://estate.findlaw.com/planning-an-estate/understanding-
intestacy-if-you-die-without-an-estate-plan.html
Tu, G. (2016a). Law of Succession. In Private International Law in China .Springer: Singapore.
59-60.
Tu, G. (2016b). Law of Property. In Private International Law in China . Springer: Singapore.
61-63 .
Yip, M. (2014). Singapore: remedialism and remedial constructive trust. Trusts &
Trustees, 20(4), 373-382.

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