Contract Law: Analyzing Scenarios Under Singapore Law & Charters

This assignment provides solutions to various Contract Law questions, focusing on Singaporean legal principles. It addresses topics such as the validity of marriage, the Intestate Succession Act, and the distribution of property in the absence of a will. Specific scenarios involving Dr. Philip's estate and the implications of marriage on wills and CPF nominations are analyzed. The solutions reference relevant sections of the Intestate Succession Act and the Women’s Charter, offering a comprehensive understanding of the legal implications in each case. Desklib offers more solved assignments and past papers for students.

Running head: CONTRACT LAW
Contract Law
Name of the Student
Name of the University
Author Note

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Question 1
a. False
b. False
c. False
d. False
e. True
f. False
g. True
h. True
i. True
Question 2
a. D. It is a voidable marriage.
b. A. Yes, she can apply immediately.
c. C. A writ for nullity.
d. The Court may order Mohan to pay maintenance to May, when the nullity of marriage has
been granted. In Singapore, Section 113 of the Women’s Charter enables the court make such
order to pay maintenance to a spouse (Sun, Ee Chong, & Lim, 2014). It is the discretion of
the Court, taking into consideration the facts of the case, to decide the amount of maintenance
which is required to be paid to the spouse. Section 114 of the Charter provides that will
giving the order of maintenance the Court will consider the earning capacity, financial needs,
standard of living of both of the parties in the present, past and future. Maintenance can be
paid in a periodic basis or in a lump sum.
It can be assumed that, Mohan had a knowledge about the financial incapacity of
May from the fact that they agreed to reside with their parents respectively until the flat was
ready. Considering that both of them had an equal earning capacity, May was dependent of
Mohan that they will live together after everything goes according to plan. They registered
their marriage according to their plan, which ensures that both of them had an intention to

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start their new life. But after a period of time Mohan refused to stay with her. Because of his
refusal May had to file a writ for annulment of their marriage. The Court should consider in
this situation, the financial need and dependence of May on Mohan and order for a
maintenance.
Question No 3
a. When a person dies in absence of a will, his or her estate shall be distributed according to
the Intestate Succession Act of Singapore.
(i) Since Dr. Philip died without leaving any will to distribute his property, it can be
said that he died as an intestate. In the absence of a valid Will, his property will be distributed
among his dependents following the rules of Section 7 of Intestate Succession Act (Singapore
Statuses Online, 2013).
(ii) The Intestate Succession Act shall apply to this case. According to the Act, the
movable property of an intestate shall be distributed following the laws of the Country, where
he or she was domiciled at the time of his death. As Dr. Philip died at Singapore, his
immovable property shall be distributed under the rules of the Intestacy laws of Singapore.
According to the Intestate Succession Act, if an intestate dies without no child but a living
spouse and a parent or parents, the parent will be entitled to half of his estate and his spouse
will be entitled to the other half.
In this case, the CPF monies of Dr. Philip will go to his wife by default. Dr. Philip had
specifically nominated his wife as a beneficiary in the CPF Nomination Form. The CPF rule
is that nominee will receive the CPF savings of a member upon his or her demise.
In the case of distribution of his house, the right of the survivorship will be applied.
Upon the death of a co-owner, the interest in the property will automatically be passed on to

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the remaining co-owner. In this case, Mrs Philip will be automatically entitled to get the
house where she is the surviving co-owner.
The bank account and fixed deposit which was held in a sole account by Dr. Philip,
will be freeze immediately after the bank is notified about the death of the account holder.
However, the policies of the banks differs from one to another. In some cases, the bank may
require letters of administration or grant of probate for releasing the funds. The distribution of
intestate movable property such as, bank account is regulated by the law of his domiciled
country at the time of his death. In this case, Intestate Succession Act of Singapore will be
applied, as Dr. Philip died at Singapore. Section 7 of the Act provides that Mrs Philip shall be
entitled to half of the amount of his bank account and Madam Gomez shall be entitled to the
other half.
The insurance policy which was stated to be estate, will be distributed among his wife
and his mother according to the Intestate Succession Act.
b. The Intestate Succession Act of Singapore provides that the distribution of the property
shall be made between Mrs. Philip and his mother Madam Gomez according to Section 7 of
this Act. When he has died leaving behind his mother and wife, the property shall be
distributed between them only. Parents of Mrs Philip cannot have an interest in the property.
c. If Dr. Philip had died leaving 4 children in this case, the immovable intestate property
would have distributed between Mrs. Philip, Madam Gomez and his four children equally.
Mrs. Philip would receive the CPF money as she was the only beneficiary. The ownership of
the house will automatically go to the co-owner that is his wife. In case of distribution of the
bank deposit, the amount shall be distributed to equally among his wife, children and parent
according to the intestate succession rules. The insurance policy will be distributed within the
parents, wife and the four children of Dr. Philip.

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Question 4
a. According to the Wills Act, a will made before the marriage shall be automatically revoked
after the marriage. The person making the will should consider renewing the will after their
marriage. The nomination for CPF savings shall also become no longer valid. In this case,
Antony and Sally, both will be in the list of beneficiary of the property of Helen.
b. As the will and CPF nomination both becomes invalid after their marriage, the property
will be distributed between Sally and Anthony equally. The CPF savings will be transferred
to the Public Trustee’s Office to distribute it among the family members according to the
Intestate Succession Act. In that case, both Sally and Anthony will get an equal share of the
CPF monies.
c. No
d. No
Question no 5.
a) False
b) False
c) False
d) False
e) False

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List of References
Singapore Statuses Online. (2013). INTESTATE SUCCESSION ACT. [online] Available at:
https://sso.agc.gov.sg/Act/ISA1967 [Accessed 6 Sep. 2018].
Sun, S. H. L., Ee Chong, W., & Lim, S. H. (2014). Gender and divorce in contemporary
Singapore. Journal of Comparative Family Studies, 127-143.