GSP165: Please explain whether a marriage must be registered in order to be valid: The Law and You Tutor-Marked Assignment 02, SUSS

1. For a marriage to be valid, it must be solemnized by the Registrar of Marriages. Please explain whether a marriage must be registered in order to be valid. You should cite the relevant laws.

2. The Women’s Charter protects a family member against family violence. Please explain in your own words what you understand by family violence.

3. Please outline the circumstances under which the Court would make an order for Personal Protection Order (PPO), and explain them in your own words. State the effects of the PPO, with relevant laws cited, where necessary.

4. “The Court will not make a Domestic Exclusion Order (DEO) against a violent person if he also happens to be the owner, or one of the owners, of the home.” Apply your knowledge of the laws relating to DEO and explain in your opinion about this statement.

5. Applying your knowledge of the law relating to divorces, state whether a person may apply for a divorce within the first 3 years of marriage. Cite any general rule and/or exceptions that you are aware of.

6. a) Applying your knowledge of the laws relating to marriages, please state when a marriage is rendered “voidable”.

b) Recognising and applying Family Law, please explain 3 factors that may render a marriage voidable, in your own words.

7. Susan, a Singapore citizen, made a valid Will in Singapore on 1 September 2022 (her “1st Will”).

Applying your knowledge of the laws of succession in Singapore, state what effect the following events will have on Susan’s 1st OR 2 and Will, and briefly explain your answer in your own words, citing relevant laws, if any are applicable:

a) About a year after making her 1st Will, Susan married Peter. What would the status of Susan’s 1st Will be after her marriage to Peter?

b) Susan made a second Will after her marriage with Peter (her “2nd Will”). She complied with all relevant laws. In her 2nd Will, Susan made Peter her sole beneficiary. About 6 years later, Susan and Peter applied for a divorce. Applying your knowledge of the relevant laws, please state your informed decision regarding the following situations. Please cite any relevant provisions of law if any.

i. If Susan were to pass away before applying for a divorce, who would inherit her estate?

ii. If Susan died after her divorce was granted, who would inherit her estate?

iii. Susan made another Will, and named her sister, Daisy, as the sole beneficiary. The divorce was not over yet. In such a situation, Susan suddenly passed away. Applying your knowledge of the laws of succession, who would inherit Susan’s estate?

8. Karthi is a young man who is highly successful. He owns the following assets:

(1) A bungalow, which he owns with his wife, Joan. Karthi and Joan own the bungalow as joint-tenants.

(2) His own CPF account monies.

(3) 5 sole bank accounts.

(4) 1 apartment owned by Karthi and his mother as tenants-in-common, with 80% owned by his mother and 20% owned by Karthi.

Karthi passes away suddenly. He has no children. He did not make a Will. His father passed away when he was a child.

Outline the relevant matters and state what your informed decisions would be in the following situations:

(a) On what basis Karthi’s estate will be distributed; and
(b) Who will stand to inherit Daniel’s assets?

9. Joshua was an adventurous young man with a vast estate. He married Elaine, who was equally adventurous and sporty. Elaine was 2 years older than Joshua. Joshua and Elaine did not have any children. Elaine’s only family member was her sister, Elizabeth.

Joshua made the following arrangements for his estate. He made a Will (after his marriage) leaving all his assets to his 80-year old mother, Mary. He made a CPF nomination (after his marriage) leaving his CPF monies to his mother, Mary. However, Elaine did not make any Will.

Both Joshua and Elaine were on a safari tour to South Africa, when they went missing. After days of searching, the rescue team found them both dead. After the funeral was over, Joshua’s mother, Mary, was shocked when Elizabeth came to her claiming that all of Joshua’s and Elaine’s assets would be Elizabeth’s because they belonged to her sister after her husband’s death.

Apply the relevant laws of succession, inform Mary as to what would happen to her late son’s estate, and how it would be distributed at law. Assume that the late Joshua’s estate comprised the following:

(a) His CPF monies

(b) He owned the house with his Elaine as his ‘joint-tenant’ co-owner. [8 marks]

(c) If Joshua and his wife, Elaine, owned the bungalow as ‘tenants-in-common,’ state whether your answer to question (b) above would be different. If it would be different, please state your answer, assuming that the title to the bungalow were “tenants-in-common” instead of joint-tenancy.

(d) If Joshua was found dead, and Elaine was found half-alive, but she subsequently died, state how your answer would differ regarding Elaine’s half-share of the bungalow if they held the title as tenants-in-common.

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