
Contents
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SECTION A: BRIEF SURVEY OF THE LOCAL SYSTEM SECTION A: BRIEF SURVEY OF THE LOCAL SYSTEM
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1. Type of System 1. Type of System
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2. Wills 2. Wills
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Formal Wills Formal Wills
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Nuncupative Wills Nuncupative Wills
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Donatio Mortis Causa Donatio Mortis Causa
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3. Intestacy 3. Intestacy
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4. Freedom of Testation 4. Freedom of Testation
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5. Maintenance 5. Maintenance
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6. Community of Property between Husband and Wife 6. Community of Property between Husband and Wife
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7. Joint Property 7. Joint Property
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8. Gifts (Inter Vivos) 8. Gifts (Inter Vivos)
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9. Capacity 9. Capacity
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10. Authority (Court, Notarial, or Other) 10. Authority (Court, Notarial, or Other)
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11. Invalidity of Will 11. Invalidity of Will
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12. Simultaneous Death 12. Simultaneous Death
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13. Presumption of Death 13. Presumption of Death
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14. Estate Taxes 14. Estate Taxes
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15. Administration of Estates 15. Administration of Estates
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16. Domicile/Nationality 16. Domicile/Nationality
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17. Charitable Giving 17. Charitable Giving
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SECTION B: APPLICABLE LAW/PROCEDURE WHERE FOREIGN ELEMENTS ARE INVOLVED SECTION B: APPLICABLE LAW/PROCEDURE WHERE FOREIGN ELEMENTS ARE INVOLVED
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1. Jurisdiction 1. Jurisdiction
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Law of Administration Law of Administration
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Law of Succession Law of Succession
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2. Applicable Law 2. Applicable Law
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3. Foreign Succession/Inheritance Orders 3. Foreign Succession/Inheritance Orders
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Commonwealth Countries Commonwealth Countries
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Non-Commonwealth Countries Non-Commonwealth Countries
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4. Two or More Succession or Probate Orders 4. Two or More Succession or Probate Orders
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5. Assets 5. Assets
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6. Expert Evidence 6. Expert Evidence
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7. Unity of Succession 7. Unity of Succession
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8. Formalities 8. Formalities
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9. Hague Convention 9. Hague Convention
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10. wills 10. wills
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11. Domicile/Nationality 11. Domicile/Nationality
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12. Taxation 12. Taxation
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Cite
Abstract
This chapter opens with a discussion on the local system of Singapore. It underscores that Singapore is a common law jurisdiction, and demonstrates the three primary acts that govern substantive succession law in Singapore: the Intestate Succession Act, the Probate and Administration Act, and the Wills Act. The chapter then jumps to provide a brief description of formalities for different types of will under Singapore law. Under Singapore law, for a will to be valid, it must meet these cumulative requirements: the testator must be above 21 years of age; the will must be made in writing; and signed by the testator at the foot or end of the will or by some other person in the testator’s presence and by his or her direction in the presence of two or more witnesses; and with these witnesses also signing the will in the testator’s presence. In cases of intestacy, the chapter unfolds that the deceased’s estate will be distributed according to the rules set out in the Intestate Succession Act. This chapter ultimately concludes by addressing the concepts of compulsory shares, contracts of inheritance, partition, anticipation, or successor or family settlement. It also considers the concept of community of property and the right of survivorship or doctrine of survivorship.
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