Will daughter’s boyfriend get assets if will is in his favour?
Q MY DAUGHTER is over 21, single, has a good job and some estate, including bank deposits, investment funds, insurance and CPF monies and property overseas.
In which scenario below do my husband and I have a definite chance of winning in a claim tussle?
Scenario A: My daughter does not include us in her will, so do we still stand a chance as legal parents to claim her estate under Intestacy rules compared with her boyfriend who is mentioned in her will?
Scenario B: If she includes her parents in her will, but at the same time signs a power of attorney for her boyfriend in the United States, which document will effectively be in force in a claim?
A I MAKE the following assumptions. Your daughter is not married in Singapore or overseas, and she has not made a will.
In such a situation, upon her dying, your husband and you will each be entitled to a half-share of her estate under the Intestate Succession Act in Singapore.
If your daughter has made a will in Singapore and has given all her assets to her boyfriend only, the boyfriend will inherit everything. You have the right to challenge the validity of the will in the Singapore courts.
If your daughter has made a will overseas, Singapore law would still apply to her will and the subsequent probate proceedings, if your daughter is Singaporean and she regarded Singapore as her permanent home.
Probate is the process of completing the legal formalities and distributing the assets according to the will. Under a power of attorney executed in Singapore, a person usually gives another person the power to deal with his assets or matters during his lifetime.
Usually, a power of attorney is not regarded as a will in Singapore as it does not comply with the stringent requirements set out under the Wills Act.
If your daughter executed her last will in Singapore, her will takes effect and her assets will be distributed according to it.
However, if the power of attorney is executed in the US, it would be governed by US law. You may need to obtain legal advice from an American lawyer on the nature and effect of the power of attorney.
Rajan ChettiarLawyerRajan Chettiar & Co
Source : Sunday Times - 23 Apr 2006
Loading ...
Post a Comment
Tell me a bit about yourself; who you are, where you're from, what information you would like to see on this site. As I continue to provide you with Singapore property happenings, your feedback will encourage me to post more frequently. Thank you.