1 a. According to the Women’s Charter, Chapter 353, Section 95, either party to a marriage may file for divorce on the grounds that the marriage is irretrievably broken (The Law Commission, Women’s Charter, 2013). The Charter sets forth certain situations that may constitute a finding of an irretrievably broken marriage. The following facts, according to the Charter, would result in a finding of an irretrievability broken marriage by the court:
Adultery has been committed by the defendant and plaintiff find it intolerable to live with defendant
Defendant behaves in a way that plaintiff cannot reasonably be expected to live with defendant
Defendant has deserted the plaintiff for a continuous period of at least 2 years
Parties have lived apart for a continuous period of at least 3 years and defendant consents to a divorce.
Parties have lived apart for a continuous period of at least 4 years (The Law Commission, Women’s Charter, 2013).
The court will also consider all the circumstances of the married parties that includes the conduct of each party as well as the interest of any children. In this situation, Henry and Cindy had lived apart for over four years so the marriage would be considered irretrievably broken. Cindy could not object. When the court reviews the circumstances of Henry and Cindy it will note that, although Cindy wished to maintain the marriage, it had been over four years since they lived together and Henry had expressed his desire to not be in the marriage for a few years.
1 b. According to the Women’s Charter, Chapter 353, Section 124, the court may make orders in a divorce that it thinks fit the welfare of the child (The Law Commission, Women’s Charter, 2013). Section 125 states that the court will consider, first and foremost, the welfare of the child when considering custody of a child. The court also considers the wishes of the parents of the child as well as the wishes of the child, if the child is old enough to express his or her own opinion (The Law Commission, Women’s Charter, 2013). Henry is asking for custody. Henry has not lived with Cindy or the child in over four years. We are not given facts about whether Henry visited the child or kept in contact with the child during this period of time. The child has consistently lived with Cindy the entirely of her life. The court will consider these factors, and it is highly likely that Cindy will retain custody.
The Women’s Charter Act, Chapter 353, Section 126 does provide that the court can provide for the child to visit the parent that does not possess custody (The Law Commission, Women’s Charter, 2013). Thus, if so ordered by the court, Cindy may provide Henry will visitation.
In order for Cindy to succeed on a demand for maintenance, she must present evidence of her income capacity, her remaining as a housewife during the marriage, that Henry was the breadwinner of the home when he was living there, and that Henry abandoned the family (The Law Commission, Women’s Charter, 2013). Even with her degree, Cindy did not work and thus does not have experience and this may hinder her in finding employment with a salary sufficient to care for herself and her daughter.
2 a. A person who dies without a will is called an intestate. An individual may die either intestate or testate, the later which is with a valid will.
2 b. A person who makes a will is called a testator. A testator creates his or her own will in order to have his or her estate administered and distributed according to his or her own wishes.
2 c. A person named to carry out a will is called an executor. The executor is the testator’s personal representative appointed by the testator in his or her will. The executor will manage and administer the will. A letter from the probate court will be issued to the executor in order for him or her to follow the testator’s directions according to the will.
2 d. Persons identified to receive properties under a will are called a beneficiary. The beneficiary may be an individual or an organization who will share in the portion of the deceased’s estate according to the instruction of the will.
2 e. When a will is not created, the law that will apply to the distribution of his property is the Intestate Succession Act. Chapter 146 of the Intestate Succession Act provides direction as to who the estate of the intestate will be distributed (The Law Commission, Intestate Succession Act, 2013).
3. When property is owned by joint tenants it means that property is owned by co-owners and each has an equal interest. Under a joint tenancy, the ownership remains equal regardless of whether how much each owner contributed to the purchase. Also, a joint tenancy has a right of survivorship which means that when one co-owner dies, the surviving co-owner gets the share of the deceased co-owner.
4 a. The essential qualities that a person must possess to create a will include they must be the age of 21 or older and competent according to the Will Act Chapter 352, Section 4 (The Law Commission, Will’s Act, 2013). And, the person must have the ability to sign (or instruct another to sign) the will in the presence of two or more witness which coincides with the Will’s Act Chapter 352, Section 6 that states that every will shall be signed (The Law Commission, Will’s Act, 2013).
4 b. Two assets that cannot be transmitted by a will are property to which the testator is not entitled to by law or equity and assets that are held in joint tenancy or that presents its own beneficiaries (The Law Commission, Will’s Act, 2013).
5 a. The will made by Madeline was valid so long as she followed the requirements of the Wills Act regarding execution. The Wills Act, Chapter 52, Section 6, provides that a will is not valid unless it is in writing, signed in the presence of at least two witnesses (The Law Commission, Will’s Act, 2013). Section 4 states that a person under twenty-one cannot execute a valid will. Assumedly, Madeline is over 21. The facts state that she made a will in 2010. So long as the provision of the Act are followed, the will is valid. Madeline’s will be executed after her marriage to Joshua, thus the marriage would not affect the validity of the will.
5 b. The individual entitled to the CPF monies is her parents because they were named as beneficiaries on the policies. A CPF nomination does not have to be included in a will in order for the nominees to be entitled to its benefits. The Ministry of Law and the CPF Board declared that wills are not recognized by the CPF Act and that any distribution of CPF monies must be made by an official nomination.
5 c. The individual entitled to Madeline’s flat is Tina because she was named as the beneficiary according to Madeline’s valid will (The Law Commission, Will’s Act, 2013). So long as Madeline’s will be valid and she owns the flat as the sole owner, the will provides for its disposition. However, if her will is declared to be invalid, Joshua will be entitled to the one half of the interest in the flat under the Intestacy Act and her parents will be entitled to the other half (The Law Commission, Intestate Succession Act, 2013).
5 d. If Madeline’s will be invalid, her husband, Joshua, will inherit one-half of the flat and Madeline’s parents will inherit the other half. According to the Intestate Succession Act Chapter 146, Section 7, Rule 4, if an intestate dies leaving a surviving spouse and no issue but a parent or parents, the spouse shall be entitled to one half of the estate and the parent or parents to the other half of the estate (The Law Commission, Intestate Succession Act, 2013).
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REFERENCES
Cheng, F. (2015, December 12). Let CPF monies, share of HDB flats be covered by a will. Retrieved from The Straits Times: http://www.straitstimes.com/forum/letters-in-print/let-cpf-monies-share-of-hdb-flats-be-covered-by-a-will
Morley, J.D. (2016). Divorce Law in Singapore. Retrieved from http://www.international- divorce.com/singapore_divorce_law
The Law Commission. (2013, December 31). Intestate Succession Act (Chapter 146). Retrieved from The Statutes of the Republic of Singapore: http://statutes.agc.gov.sg/aol/download/0/0/pdf/binaryFile/pdfFile.pdf?CompId: 1533cd1f-9e45-4126-9e36-a8d825e780c6
The Law Commission. (2013, December 31) Will’s Act (Chapter 352) Retrieved from The Statutes of the Republic of Singapore: http://statutes.agc.gov.sg/aol/download/0/0/pdf/binaryFile/pdfFile.pdf?CompId: 1533cd1f-9e45-4126-9e36-a8d825e780c6
The Law Commission. (2013, December 31) Women’s Charter (Chapter 353). Retrieved from The Statutes of the Republic of Singapore: http://statutes.agc.gov.sg/aol/download/0/0/pdf/binaryFile/pdfFile.pdf?CompId: 94d9a8d6-ea70-4294-9fc6-fcd4cba47f76
