Here are 7 considerations to bear in mind when you draft a will to be effective when you pass on.
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Article: 7 Things to Consider When Writing Testamentary Wills
Case: UVJ and others v UVH and others and another [2020] SGCA 49 – account of profits and causation in claim against executors of will / estate
UVJ and others v UVH and others and another [2020] SGCA 49: judgment here; Supreme Court case summary here.
Significance: The Court of Appeal set out the law on account of profits and causation in claim against trustees and executors of a will and estate.
The case illustrates the possible course of action which beneficiaries of an estate may be able to take in holding executors / administrators of estates or wills to account, including for delay in providing information to the beneficiaries upon request and failing to distribute assets from the estate in a timely manner without good reasons.
Article: What if an expatriate dies in Singapore?
(Correct as at 2 June 2020)
What are the practical and legal repercussions if an expatriate living in Singapore passes on? Especially if the expatriate has family and assets in Singapore.
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Case Update: Lian Kok Hong v Lian Bee Leng and another [2016] SGCA 24 – SGCA clarifies law on contentious probate and suspicious circumstances regarding execution and preparation of will
Significance: Singapore Court of Appeal clarifies that in determining whether a testator had testamentary capacity and/or knowledge of the contents of the will, the Court cannot regard all suspicious circumstances, whether or not they relate to the execution and preparation of the will, to be taken into account in determining if the usual presumption that a testator who has testamentary capacity knew and approved the contents of the will operates. Circumstances are relevant only if they attend or relate to the preparation and execution of the will. Otherwise, all kinds of non-related circumstances may be used to rebut the presumption. See [60]. Chee Mu Lin Muriel v Chee Ka Lin Caroline (Chee Ping Chian Alexander and another, interveners) [2010] 4 SLR 373 affirmed, clarified.
Case Update: HSBC Trustee (Singapore) Limited v Carolyn Fong Wai Lyn [2016] SGHC 31
Case Update: HSBC Trustee (Singapore) Limited v Carolyn Fong Wai Lyn [2016] SGHC 31
Significance: Singapore High Court interprets will holistically (as opposed to a clause-specific construction), orders estate’s properties to be mortgaged to raise funds for professional trustees’ fees and costs, and refuses to order that trustees be discharged as Court found it was not in the interests of beneficiaries given the ongoing litigation in relation to the estate.
Article: Wills and Testamentary Dispositions
What is a testamentary will?
A will is a legal document by a person declaring his intention on what should happen to his assets and personal matters after he passes on.
Proper drafting of a will is important. There are various legal rules and considerations pertaining to wills which should be noted. Once the testator has passed on, there is generally little that can be done to rectify errors or injustices arising out of a dead person’s will. Unclear and ambiguous wording in a will may potentially result in problems implementing the will or even its invalidity. It may also give rise to unnecessary litigation by the (potential) beneficiaries of the will.
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