- Assignment Question
Section 6(1) and (2) of the Wills Act (Cap 352) (the “Rules”) highlights some of the statutory requirements which are required to make a will valid. An argument can be made that threshold standard of these requirements are high and have the undesirable effect of precluding genuinely intended but improperly executed wills.
Whilst the Rules may have their inherent drawn backs, the Rules do go some way in guarding against undesirable subversions. It may be argued that the Rules guard against fraud, forgery and undue influence.
With reference to the Rules, the relevant case law and academic references, please state and discuss:
(1) What are the rules on the valid execution of wills? List these rules, give examples of the same and support your answers with the relevant case law.
(2) Discuss in your opinion, whether the Rules are necessary and whether the Singapore legal system has struck a correct balance in such matters. List the arguments for and against Section 6 of the Rules. Do consider supporting statues such as the Intestate Succession Act (Cap 146), the Inheritance (Family Provision) Act (Cap 138) and/or the Probate and Administration Act (Cap 251).
(3) Can a better balance in relation to the Rules be struck? If you were the draftsmen of a white paper for improvement in this area, what recommendations would you make?
(Question 1 – 25 marks, Question 2 – 50 marks and Question 3 – 25 marks. No more than 3000 words globally. Include a word count when submitting your assignment).
