Hart Leslie and Hart Brooklyn got married on 2 Feb 2022. Applying your knowledge on family law, explain the validity of their marriage in the following scenarios: Required: (a) They realise
The topic is on Singapore Law of Contract, Family Law and the law relating to Wills, together with matters of probate, administration and succession. Please answer all parts (a) to (i). Thank you.
Hart Leslie and Hart Brooklyn got married on 2 Feb 2022. Applying your knowledge on family law, explain the validity of their marriage in the following scenarios:
Required:
(a) They realise after their wedding that their solemniser is a fraud and does not have a valid license to solemnise marriages.
(b) Brooklyn changed her surname in her NRIC to Hart, Leslie’s surname.
(c) Leslie was tested HIV positive before the wedding, but kept it a secret from Brooklyn.
Eventually, the Hart couple resolved all their marital issues and Brooklyn forgives Leslie for all his past indiscretions. They were happily married for a while, until New Year’s Day in 2023, when Brooklyn discovered that Leslie is still cheating on her and having various extra-marital affairs.
Required:
(d) Indicate to Brooklyn her chances of obtaining a divorce.
Before Brooklyn was able to commence divorce proceedings, Leslie died from a heart attack on 22 Jan 2023. It appears that his only Will was dated 31 Dec 2019, which was made due to his fear of the COVID-19 pandemic. In that will, he bequeaths all his estate to his parents.
Required:
(e) Identify and explain who will be entitled to inherit the condominium that Leslie and Brooklyn bought in joint names as joint tenants.
(f) Recognise who the beneficiaries to the cash in Leslie’s personal bank account are and explain why.
(g) Identify and explain who will be entitled to Leslie’s CPF funds, if he made a nomination on 1 Dec 2022 to give all his CPF funds to his mistress, Stella.
(h) Will your answer in (g) be different if Brooklyn manages to obtain the Writ of Divorce on 15 Dec 2022?
(i) Will your answer in (g) be different if Leslie’s CPF nomination was made on 1 Dec 2020, for his ex-girlfriend, Olivia?
In the course of sorting out Leslie’s estate, Stella appeared out of the blue and claimed that Leslie has a later Will, dated 1 Jan 2023. In that 2023 Will, Leslie bequeaths 70% of his estate to his parents, and 30% to Stella. Stella is appointed the sole executor of this Will. The signing of the Will was witnessed by Leslie’s parents.
Required:
(j) Explain whether this 2023 Will is valid.
(k) Will your answer in (j) be different if the 2023 Will bequeaths 30% of the estate to Stella and the remaining 70% to charity?
(l) State and give examples of other circumstances where the Will can be invalidated.
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