so who gets the inheritance?

icezombie

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An old man willed everything to his only son, but nothing to his own wife because they estranged, just never divorce.

Now the father and son going on a mountain climbing adventure trip.

If both die, who gets the inheritance leh?

is it the wife of the old man because the son died and she is the old man’s next of kin?
or is it the son’s wife because the money was willed to the son and the son’s wife is his next of kin?
 

titusilvering

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An old man willed everything to his only son, but nothing to his own wife because they estranged, just never divorce.

Now the father and son going on a mountain climbing adventure trip.

If both die, who gets the inheritance leh?

is it the wife of the old man because the son died and she is the old man’s next of kin?
or is it the son’s wife because the money was willed to the son and the son’s wife is his next of kin?
Why are you plotting? You the son wife or you the son wife boyfriend?
 

mynickname

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An old man willed everything to his only son, but nothing to his own wife because they estranged, just never divorce.

Now the father and son going on a mountain climbing adventure trip.

If both die, who gets the inheritance leh?

is it the wife of the old man because the son died and she is the old man’s next of kin?
or is it the son’s wife because the money was willed to the son and the son’s wife is his next of kin?
Sons wife.

If they're Muslim there's a different rule.
 

VEF888

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order of death is important, if it can't be determined, then commorientes rule comes into play.

google/chatgpt it bah

that's why, if a couple has no kid and always take plane together, it's important to have a will.
 
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vespaguy

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make a will. the worst part is if some relative you don't know or don't care about gets your assets because you didn't will it to who you want it to go to in case you have no direct family members or charity. That "relative" could include the Sg Govt.
 

KnyghtRyder

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An old man willed everything to his only son, but nothing to his own wife because they estranged, just never divorce.

Now the father and son going on a mountain climbing adventure trip.

If both die, who gets the inheritance leh?

is it the wife of the old man because the son died and she is the old man’s next of kin?
or is it the son’s wife because the money was willed to the son and the son’s wife is his next of kin?
Son got will?

If not then follow intestacy. Which means father go to son. Then son distribute to wife
 

luckygal

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An old man willed everything to his only son, but nothing to his own wife because they estranged, just never divorce.

Now the father and son going on a mountain climbing adventure trip.

If both die, who gets the inheritance leh?

is it the wife of the old man because the son died and she is the old man’s next of kin?
or is it the son’s wife because the money was willed to the son and the son’s wife is his next of kin?
Very simple. If old man dies first, son’s wife gets it coz it’s the son’s money. (Assuming son willed to wife). If son dies first, old man’s wife gets it. If both die at the same and hospital can’t determine who dies first, then will assume old man dies first. But rare coz with today’s technology, can determine who dies first.
 

HushiePuppies

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An old man willed everything to his only son, but nothing to his own wife because they estranged, just never divorce.

Now the father and son going on a mountain climbing adventure trip.

If both die, who gets the inheritance leh?

is it the wife of the old man because the son died and she is the old man’s next of kin?
or is it the son’s wife because the money was willed to the son and the son’s wife is his next of kin?

to answer your question form pov of legal, again disclaimer that this is not legal advice, just my observation/opinion.

if both dead. then it will be considered that the old one died first, so the estate of the father goes to the son estate as per the will. then the son estate will go to the persons under the son will. If the son no will, then it will be according to the Intestate Succession Act below.

Rules for distribution
7. In effecting such distribution, the following rules shall be observed:
Rule 1
If an intestate dies leaving a surviving spouse, no issue and no parent, the spouse shall be entitled to the whole of the estate.
Rule 2
If an intestate dies leaving a surviving spouse and issue, the spouse shall be entitled to one-half of the estate.
Rule 3
Subject to the rights of the surviving spouse, if any, the estate (both as to the undistributed portion and the reversionary interest) of an intestate who leaves issue shall be distributed by equal portions per stirpes to and amongst the children of the person dying intestate and such persons as legally represent those children, in case any of those children be then dead.
Proviso No. (1) — The persons who legally represent the children of an intestate are their descendants and not their next‑of‑kin.
Proviso No. (2) — Descendants of the intestate to the remotest degree stand in the place of their parent or other ancestor, and take according to their stocks the share which he or she would have taken.
Rule 4
If an intestate dies leaving a surviving spouse and no issue but a parent or parents, the spouse shall be entitled to one-half of the estate and the parent or parents to the other half of the estate.
Rule 5
If there are no descendants, the parent or parents of the intestate shall take the estate, in equal portions if there be 2 parents, subject to the rights of the surviving spouse (if any) as provided in rule 4.
Rule 6
If there are no surviving spouse, descendants or parents, the brothers and sisters and children of deceased brothers or sisters of the intestate shall share the estate in equal portions between the brothers and sisters and the children of any deceased brother or sister shall take according to their stocks the share which the deceased brother or sister would have taken.
Rule 7
If there are no surviving spouse, descendants, parents, brothers and sisters or children of such brothers and sisters but grandparents of the intestate, the grandparents shall take the whole of the estate in equal portions.
Rule 8
If there are no surviving spouse, descendants, parents, brothers and sisters or their children or grandparents but uncles and aunts of the intestate, the uncles and aunts shall take the whole of the estate in equal portions.
Rule 9
In default of distribution under rules 1 to 8, the Government shall be entitled to the whole of the estate.
 

Teyemittisi

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Don’t need to think too much .. the old man has not much money… says the 25k per month edmwer
 

likevegetable

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https://help.getarrange.com/article/253-how-do-i-define-the-survivorship-period-for-the-will
Note: testator is the father in your case. If no survivorship period is written in the will, then they will presume the father dies before son then the distribution will happen assuming the son is alive.

What is the purpose of survivorship period?​

It defines the number of days in which a person must outlive the testator to be considered alive. This in turn affects the distribution of the estate to the beneficiaries, for example if the Will indicates an alternative distribution should a beneficiary die before the testator. It gives control over the eventual destination of assets.

Whether a beneficiary is treated as having died before the testator will be based on whether the beneficiary dies within the survivorship period. A beneficiary who did not survive the survivorship period (i.e. dies during the XX days immediately following the testator's death), is deemed to have die before the testator for the purpose of interpreting the Will.

In Singapore in the case where the order of death cannot be determined between 2 or more persons (e.g. simultaneous death), the Civil Law Act states that the older person is deemed to have died first. Without the survivorship period clause written in the Will, it can have undesirable effect.


Let us use Joe as an example to illustrate the issue:
  • Joe made a Will to give everything to his wife.
  • He also indicate in the Will to redistribute everything to his mother should his wife die before him.
  • No survivorship period clause was written in the Will.
  • Joe is older than his wife.
If both Joe and his wife die in a plane crash (and the order of death cannot be determined), then Joe's wife will still inherit his estate instead of Joe's mother. Joe's mother does not receive the inheritance because Joe's wife is technically "still alive" at the point of Joe's death and his Will did not have a survivorship period.


What if Beneficiary X did not survive the survivorship period? / What if Beneficiary X dies during the survivorship period?​

What happens to the assets allocated to Beneficiary X in the Will shall depend on what is written in the Will, be it whether

If these assets is to "still be given to him/her" and there are no other clause(s) stating otherwise, then the assets shall still be given to Beneficiary X regardless of whether Beneficiary X is alive, has died before the testator, or only outlives the testator for any number of days. If Beneficiary X has already passed away before the testator, then these assets will be given to Beneficiary X's estate to be distributed according to Beneficiary X's Will (or according to the Intestate Succession Act applicable to Beneficiary X if there is no Will).




What if Beneficiary X dies after the survivorship period?​

Unless there are clause(s) stating otherwise, the assets given to Beneficiary X will still be distributed to him/her. If Beneficiary X has already passed on by the time the executor is distributing these assets, then these assets will be given to Beneficiary X's estate to be distributed according to Beneficiary X's Will (or according to the Intestate Succession Act applicable to Beneficiary X if there is no Will).
 

yesman2978

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make a will. the worst part is if some relative you don't know or don't care about gets your assets because you didn't will it to who you want it to go to in case you have no direct family members or charity. That "relative" could include the Sg Govt.
TS alr mentioned that everything is willed to the son liao.
 

deathan9el

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why both have to die lehh ..
was it a suicide pact?

name of mountain not even mentioned?

in anw, full investigation applies until further decisions made
then we'll talk about the inheritance

:look:
 
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