Reference no: EM131243609
TUTOR-MARKED ASSIGNMENT -
Scope - This TMA tests your ability to:
- Identify and explain the sole ground for divorce.
- List and explain the facts that are recognised at law in support of a divorce.
- State the pre-condition that applies to a party who wishes to file a Writ for Divorce in the early days of a valid marriage.
- Identify the issues that arise as consequences of the dissolution of a marriage, commonly termed 'ancillary matters'.
- Understand and explain the process that is set in motion when a person passes away.
- Identify the beneficiaries that the law recognises in the event that a person dies without having made a Will.
- Identify the order of priority of beneficiaries of the estate of the person who died intestate
- Understand the responsibilities of a person who assumes the role of the administrator of the estate of a deceased person who died intestate
In addition to lecture slides and notes provided in this course, you may wish to go through cited textbook extracts referred to in the Study Guide for more in-depth understanding of the topics covered in this assignment.
Question 1 -
Cindy and Henry married in the year 2006. They have a 7 year-old daughter. Cindy has a Master's Degree in Commercial Sciences, while Henry is an architect by training. However, Cindy has been a housewife since their marriage. Henry is the sole breadwinner of the family.
Sometime in 2010, Cindy found that Henry was secretly indulging in heavy gambling and had chalked up a huge debt. They had a heated argument. After the quarrel, Henry stormed out of their house. Cindy was upset, but she thought that Henry would return home after he had cooled down.
A few months passed, and Henry did not return home. Cindy was beginning to feel insecure. She apologised to Henry again and again, but Henry firmly said that he did not want the marriage anymore, and that he could not live with her anymore. Cindy was sad, but decided not to pester Henry, and to give him some "room" to cool down.
Cindy patiently waited for Henry to return home, thinking that he just needed some "space". Months ran into years, and 4.5 years had rolled by. One day, Cindy received Henry's Writ for Divorce.
Henry also stated that he wished to have custody, care and control of their daughter, because Cindy was unemployed and, therefore, unable to provide for the child's needs. He also refuses to pay any maintenance for her, stating that she has a Master's degree and would be able to provide for herself.
Cindy is very upset and has come to you for your opinion. She has not given up on the marriage. She wants to reconcile with Henry. She has also been a good mother to their child, and has been single-handedly raising the child when Henry walked out of the marriage.
She has the following questions for you:
(a) Explain if Cindy will be able to refuse to consent to Henry's application for divorce? She tells you firmly that she did not forsake Henry at any time, and that it was he who walked away against her wishes.
(b) Will Cindy have to give up custody of their daughter to Henry? She wants to have custody of the child, but she does not mind Henry visiting the child as often as he wants.
List the factors that the Court would consider in making a decision under the Women's Charter.
Applying what you have learnt, discuss the facts that would be relevant to decide whether Cindy would be able to get custody of her child. State whether, in your opinion, Cindy would be able to obtain custody of her child.
(c) List any 4 factors that the Court would consider in making a decision regarding maintenance, and explain how each applies in this case.
Question 2 -
Tom and Jerry both talked about the need to make a Will. Tom went ahead to make a Will with his lawyer. Jerry forgot about it after the discussion ended. They both died in a road accident while they were travelling together. Please answer the following questions:
(a) What is a person who dies without making a Will called at law?
(b) What is a person who makes a Will called at law?
(c) Tom would have named a person to carry out what is stated in his Will. What is that person called at law?
(d) Tom's Will would have mentioned the persons who would receive his properties under his Will. What are these persons called at law?
(e) Jerry did not make a Will. Identify the law that would apply to the distribution of Jerry's property.
Question 3 -
Please explain in your own words what you understand when it is said that a property is owned by 2 persons as "joint-tenants".
Question 4 -
(a) What are the essential qualities that a person must have if he wishes to make a Will?
(b) Please identify 2 types of assets that cannot be transmitted under a Will.
Question 5 -
In the year 2000, Madeline made a CPF nomination, leaving her CPF monies to her parents. She bought a flat in her sole name, and her parents lived with her in the flat.
A few years later, in 2007, Madeline married Joshua. In 2010, Madeline re-nominated her parents as beneficiaries of her CPF monies. Madeline also made a Will in 2010, leaving her collection of paintings, worth S$2 million, to Joshua. By the same Will, Madeline left her flat to her sister, Trina.
Madeline passed away in a road accident. Joshua was upset and angry that Madeline had only left him her collection of paintings. He wants your opinion on the following matters:
(a) Was the Will made by Madeline valid? Why?
(b) Who was entitled to her CPF monies? Please explain your answer.
(c) Who was entitled to her flat? Please explain your answer.
(d) If Madeline's Will was invalid, then please explain who would have inherited her flat, and in what proportions?