2. If the case is heard by the court then the consent of Kingsfield would have been irrelevant to divorce, as they are leaving separately for more than four years. As per the Divorce Act of Singapore, if any married couple leaving separately for more than a period of four years then no consent from the part of the defendant is required for granting divorce to that married couple. Here they are leaving separately for four and a half years, consent of defendant that is Kingsfield, is not mandatory for divorce (Lawsociety.org.sg, 2015).
According to my opinion, the law is appropriate, and Kingsfield should not have the right to oppose the divorce, as if he would have love his wife then could not get separated for such a long period (Brown, 2012).3. a) As per the information provided, both of them, Kingsfield and Angela, left their movable properties. For Kingsfield, his BMW X-5 car, all the deposited amounts in his three bank accounts and the antiques worth $ 2millions, and for Angela, her Mazda 6 car, all the deposits in her two bank accounts, and all the jewelries she left (Moncreiffe of that Ilk & Armstrong, 2010).
All the properties left by Kingsfield, shall be acquired by his mother (Le Bas & Lawrence, 2011). His mother is the only beneficiary for all of his belongings. According to rule 5 of the INTESTATE SUCCESSION ACT, if any person died leaving his parent or parents and no other descendants then his property shall be acquired by the parent of the deceased person. As per this rule, all the properties of a deceased person shall be distributed among his parents, if there is only one parent alive then it shall be vested to that parent, unless the spouse or any children of the deceased person is alive (Kang & Leong, 2012). Here, Kingsfield had no children, and his spouse died along with him, though he had a brother but according to the provisions of succession law in Singapore, his brother is not entitled to inherent his property when his mother is alive (Konrad & Skaperdas, 2005).
Properties in the name of Angela shall be acquired by her sister Dorothy and children of her deceased brother, Kate and Paula (Spierin, Fallon & Pearce, 2003). As per rule 6 of the INTESTATE SUCCESSION ACT, if any person died and the spouse or parent is no more, then all the properties of that person shall be acquired by the brother and sisters and children of deceased brother and sister (Goldsmith, Comita & Chua, 2011). Here, Angela died along with her husband, and her parent are also died, she don’t have any children also, for that reason in accordance to the rule prescribed in the statute, her sister and the children of her deceased brother, Kate and Paula, shall acquire the properties left by Angela (Miller, 2010).
b) The statutory provision prescribed the factual way of distribution of property of any person died intestate. As per the specified rules of the concern statute the above conclusion made. Here, both of them, Kingsfield and Angela died intestate but the rule of distribution of property is not the same for both of them, though they died along together as intestate and they did not have any children as their legal heir, the way of their distribution of property will not be the same, it mainly depends upon the heirs, after their death Kingsfield left his mother and brother. Angela left her sister, nieces, and grandmother. Depending upon that the properties belong to Kingsfield shall be distributed under one rule and the properties in the name of Angela shall be distributed in another rule. By virtue of that beneficiary persons would be different. There must not be any confusion regarding the evaluation of the properties as well as proper way of distribution. In case of the distribution of the properties belonged to Kingsfield, all the properties vested in the name of his mother, and his brother, Arthur will not get anything. In case of the distribution of properties belonged to Angela, all of her belongings shall be acquired by her sister, Dorothy and her nieces Kate and Paula (Heath, 2003).
c) Kingsfield and Angela died together, leaving some of their relatives who can acquire their properties. They did not have any children. From the part of Kingsfield, his mother and his brother, Arthur was left behind; Angela left her sister Dorothy, daughters of her deceased brother, Kate and Paula, that is her nieces, and her grandmother.
Under this particular scenario, the properties belongs Kingsfield and Paula shall be distributed in accordance to the rule 5 and rule 6, respectively, as specifies in the Intestate Succession Act (Peloso, 2003). In case of the distribution of the properties belong to Kingsfield , his mother shall be entitled to acquire all of his properties and his brother, Arthur shall not posses any of them, unless his mother is dead, as prescribed in rule 5 of the statute. In case of the distribution of the properties in the name of Angela shall be acquired by her sister, Dorothy and her nieces, Kate and Paula. In this distribution half portion of the entire property which is left by Angela shall be possessed by her sister Dorothy and the rest of the half portion of the property shall be equally distributed among her two nieces, Kate and Paula (Woon, 2010).
Brown, K. (2012). Hu Jintao. Singapore: World Scientific.
Goldsmith, G., Comita, L., & Chua, S. (2011). Evidence for arrested succession within a tropical forest fragment in Singapore. J. Trop. Ecol., 27(03), 323-326. doi:10.1017/s0266467411000010
Heath, C. (2003). Intellectual property law in Asia. London: Kluwer Law International.
Kang, S., & Leong, C. (2012). Singapore perspectives 2012. Singapore: World Scientific.
Konrad, K., & Skaperdas, S. (2005). Succession rules and leadership rents. London: Centre for Economic Policy Research.
Lawsociety.org.sg,. (2015). The Law Society of Singapore > for Public > You & the Law > Divorce. Retrieved 22 February 2015, from https://www.lawsociety.org.sg/forPublic/YoutheLaw/Divorce.aspx
Le Bas, T., & Lawrence, R. (2011). Singapore. Singapore: APA Publications.
Miller, J. (2010). Species Distribution Modeling. Geography Compass, 4(6), 490-509. doi:10.1111/j.1749-8198.2010.00351.x
Moncreiffe of that Ilk, I., & Armstrong, J. (2010). The law of succession. Edinburgh: John Donald, with assistance from St. Andrews Fund for Scots Heraldry.
Peloso, J. (2003). Intellectual property. Bronx, N.Y.: H.W. Wilson Co.
Spierin, B., Fallon, P., & Pearce, R. (2003). The Succession Act 1965 and related legislation. Dublin: Butterworths.
Woon, W. (2010). The Advocate's Devil. Singapore: Marshall Cavendish.
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