Have you ever wondered one day when you pass away, who is going to manage and pay for your assets and liability? Let us look into this scenario…
Mr. X is a Chicken Rice seller. He has 1 hawker stall, 1 double storey house (loan free) and 1 car (currently on loan). One day he suffered from a heart attack and pass away. He has a wife and 2 sons. He did not make a will prior to his death.
Whereas Mr. Y is a Duck Rice seller. He has 1 hawker stall, 1 double story house (currently on loan) and 1 car (loan free). He suffered from lung cancer and pass away. He has a wife and 3 sons. Prior to his death, he made a will and he decide to give all his property to secret mistress.
In Mr. X’s case, where he did not make a will prior to his death. His property will be distributed based on the Distribution Act 1958 where 1/3 of his assets will be given to his wife and the 2/3 will be given to his son on equal share.
In Mr. Y’s case, where he made a will prior to his death. The executor/executrix of his will shall apply for a grant of probate to execute his will.
Thiang Kai Goh v Yee Bee Eng(P) & 4ORS [2005] 1 AMR 389 High Court
where the Judge states that:-
“… fairness of the contents of the will is the prerogative of the testator and to whom he wished to bequeath his property was his privilege…”
Therefore, it is wise to make a will before an individual pass away so to avoid any conflicts for the surviving families.
