|University||Singapore University of Social Science (SUSS)|
|Subject||GSP165: The Law and You|
Mr Forgetful is about to marry Miss Busy in two weeks’ time. All the plans for the big wedding day are in place. The only problem is that Mr. Forgetful shockingly realized that he had forgotten to file the Notice of Intention to Marry to the Registrar of Marriages. Therefore, they do not have a marriage license ready for the wedding day. Very afraid that Miss Busy will be very irate, Mr. Forgetful got someone to forge a marriage license and certificate that looks just like the real one.
- Identify and explain the effect of this forgery on their marriage.
- When Miss Busy found out what happened, she was very disappointed and felt she had married a dishonest man. She decided that she wanted to nullify the marriage. Explain what she must do.
Scott Gan rushed to marry Chee Tin in June 2023, because she was 2 months pregnant, and they wanted to hold the ceremony before her tummy showed. After the wedding ceremony, Scott refused to have sexual relations with Chee for fear that it would hurt the fetus in her womb. That, coupled with pre-natal depression, made Chee very frustrated and unhappy in the marriage. Eventually, their marriage broke down and Chee confessed to Scott that the baby she was carrying was not his.
- Outline and discuss the various possible options available to both Scott and Chee to dissolve their marriage.
- Explain whether it will make a difference to your answer if Scott actually already knew that he is not the father of the unborn child but was just too eager to become a dad that he pretended not to know.
- After the Judgment of Nullity was granted, Scott secretly conducted a DNA test on Chee’s baby boy, Paul Tin, and discovered that he is in fact the baby’s father. Cite and discuss the relevant legal provisions that can help Scott gain parental rights and duties to Paul.
- When Chee discovered Scott’s paternal relationship to Paul, she decided to demand that Scott pay maintenance for the child. List and discuss the relevant legal provisions that Chee can rely on AND the factors that the court would take into account when deciding the amount of maintenance to award.
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Because of all the trauma associated with his failed marriage and stress over the lawsuits that Chee had filed against him, Scott died of a heart attack one day on his way to work. The only Will he had was made on the eve of his 21st birthday when he was still dating Chee. According to that Will, Scott bequeaths 100% of his estate to Chee. Scott’s brother, Scrooge, was appointed as the sole executor of the Will. Both Scrooge and Chee signed as witnesses to the Will.
- Outline and explain all the irregularities that can invalidate this Will.
- If this Will is invalid, explain whether and how much of Scott’s estate Scrooge is entitled to, if their father, Chee, and Paul are alive.
- Will your answer in (b) be different if Scott did not die from a heart attack but in a car crash while driving Paul home to Chee after a father-and-son trip to the zoo? Both Scott and Paul died in the crash when the car burst into flames. Explain your answer.
- Among Scott’s estate are (i) his HDB flat which is still held in joint tenancy with Chee; (ii) his CPF funds which he nominated his father as beneficiary before his wedding day; and (iii) his joint DBS bank account with Scrooge. Apply the relevant legal principles to determine how these assets should be distributed.
After all the complex legal problems that Chee had encountered, she decided that she ought to do proper advance care planning. She went to her lawyer’s office to appoint a Lasting Power of Attorney (LPA).
- Explain to Chee the circumstances when the LPA will take effect.
- Identify and give examples of the powers that Chee is able to grant to her Donee in the LPA.
- Chee is still a little concerned that she is giving someone else too much power to make decisions on her behalf. Cite some of the restrictions on the Donee according to the Mental Capacity Act.
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