GSP165 TMA02 (Tutor-Marked Assignment Two) SUSS : July 2024 – The Law and You, Singapore

Question 1

In Jan 2012, Jan Koh filed a court application to divorce her husband Marcho Ong.

(a) Identify the various possible grounds that constitute an irretrievable breakdown in the marriage. Explain each ground, and provide examples and apply them to Jan and Marcho.

(b) Explain to Jan the factors that the Court will take into account if she is hoping to obtain a maintenance order in her favour.

Question 2

Jan Koh finally obtained the Certificate of Final Judgment in Jul 2012. Meanwhile, in June 2012, Marcho married his cousin May Ong, who turned 18 years old in August that year.

After their wedding, Marcho was frustrated at not being able to have sexual relations because May felt she was too young and afraid of the pain. May also felt that she was pressurised by her family to get married to Marcho because he was a successful businessman and would be able to provide for her. That led to a lot of unhappiness in their marriage and May was eager to end it all and find her own happiness.

The final straw came when she accidentally found a medical report dated 30 Aug 2011, hidden in the drawers, showing that Marcho is HIV positive. She was mortified and packed her bags and left their matrimonial home.

Identify and explain all the issues that challenge the validity of Marcho and May’s marriage.

Question 3

Apart from all his marital problems, Marcho also started facing financial difficulties when his businesses ran into trouble due to the economic crisis. He then got a job as an insurance agent to make ends meet. During that time, he became romantically involved with one of his clients, April Foo.

Marcho managed to persuade April to name him as the sole nominee of her CPF money and insurance policies. April also made a will to bequeath everything to Marcho. Marcho was the sole witness and executor to the will, given that they were having a secret relationship and Marcho did not want to arouse any suspicion.

However, their relationship soured and April eventually broke up with Marcho and married her previous boyfriend instead. A month later, April tragically met with a car accident and was in coma.

(a) Assuming that April did not make a Lasting Power of Attorney, explain what her husband must do in order to manage her personal and financial affairs on her behalf. Consider thus the benefits of making an LPA.

Eventually, April passed away leaving her husband and parents.

(b) Explain whether or not April’s estate will be distributed in accordance to her will and nominations.

(c) Assuming that April’s Will is invalid, apply the relevant succession rules to the following assets to explain how they will be distributed.

(i) HDB flat that April holds in joint tenancy with her husband;

(ii) Payouts from her insurance policies bought from Marcho;

(iii) DBS joint accounts that April holds with her parents;

(iv) April’s CPF monies; (v) April’s investments in stocks and shares held in her sole name.