STATUTES

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The Wills Act (Cap 352)

The requirements for a valid Will are stated in this Act. Essentially, the Will must be witnessed by two witnesses and the rules on formal validity complied with. The testator (person signing the Will) must have the mental capacity to do so and is above the age of 21 years. The beneficiaries shall not be the witnesses to the Will..

The Probate & Administration Act (Cap 251).

This Act deals with the procedures and law relating to the grant of probate & letters of administration. It spells out when a Grant will be given, and when it can be revoked. The procedure for re-sealing of Probates & Letters of Administration granted out of Singapore is stated clearly in part X of the Act. Section 9 deals with the situations in which the Will is lost or mislaid after the death of a person. Another important section is section 13, which deals with the failure of executors.

The Intestate Succession Act (Cap 146)

This Act deals with the distribution of assets of a deceased who had died without a Will or an invalid Will. Essentially there are two categories of such distribution: (1) Deceased died with surviving spouse (2) Deceased died without a surviving spouse.

For case where the deceased is married with children, the surviving spouse will be entitled to 50% of the estate and the children the balance 50% in equal shares. If a married deceased has no children, then the surviving spouse shares the estate equally with deceased's spouse parents.

For case where the deceased died without a surviving spouse, but there are children, the children will get the whole estate in equal shares. If the deceased has no surviving spouse and no children, then the estate falls on the deceased's parents.The next in line is siblings, followed by grandparents, uncles and aunties, and in default, of all the aforesaid, then the Government

The Inheritance (Family Provision) Act (Cap 138)

This Act provides for surviving spouse and children to apply to the Court if the disposition of the deceased's estate as effected by the Will or the law relating to intestacy or a combination of both, is not such as to make reasonable provision for maintenance for the dependant to oder reasonable provision. Certain conditions apply.

The Trustees Act (Capt 337)

This Act deals with the powers, liabilities and duties of trustees.