Asset distribution

• Darkknighthuang

  2 Aug 12, 01:56

  Appreciate any info you can offer:

   

  A divorcee did a will to leave all his assets to his children. He then remarries and pass away unexpectedly.

  Will all his assets (including HDB and private properties) go to the new spouse or will his assets be distributed according to his will?

   

  If the law says it should go to the spouse, can a clause be included in a new will, to specifically to indicate that he does not want that to happen?

• Darkness_hacker99

  2 Aug 12, 02:37

  I quote from the lawsociety website, it says

  "If you marry or remarry, your Will is nullified or cancelled unless the Will was made in contemplation of your marriage."

  - http://www.lawsociety.org.sg/public/you_and_the_law/making_a_will.aspx

  I guess it's best to get a strong and powerful lawyer within your budget to handle this.

• Darkknighthuang

  2 Aug 12, 03:07

  Originally posted by Darkness_hacker99:

  I quote from the lawsociety website, it says

  "If you marry or remarry, your Will is nullified or cancelled unless the Will was made in contemplation of your marriage."

  - http://www.lawsociety.org.sg/public/you_and_the_law/making_a_will.aspx

  I guess it's best to get a strong and powerful lawyer within your budget to handle this.

  
  Thanks.

  How would you define "made in contemplation of your marriage".

   

• Darkness_hacker99

  2 Aug 12, 03:24

  In layman's term, it means that the he has indeed considered and made carefully thoughts and decision about the content of the said Will, prior to the new marriage.

  Comtemplate = Think about it/ have the idea of doing something.

  Marriage = in this context is mean the new marriage.

  I am no judge or lawyer, but I would like to see the the comtemplation did occured by writing a will that includes distributing the asset to the future wife and children from the previous marriage. This is the only clear thing in the will that will prove comtemplation.

  If the Will is made eons ago, then hard to prove comtemplation did occur. Therefore chance is high that it will be distributor according to the state law.

  You have 6 months to contest.  I don't know what you reasons you can argue for, if it was me, I will argue for the date the Will was made and proof that you're close to him.

   

• Wangloongcai

  2 Aug 12, 09:05

  To give an example of contemplation:  two months before marrying or even after marrying  a new wife , the man wills his property and his stocks and shares to his children and only 1,000 dollars to his new wife to be. This would clearly show his intention-his new wife to get little or nothing even. He did contemplate about her and she was to get only S$1,000.