In January 2020, Steve Lim Died having Made a Valid will Date 4 July 2012: Wills and Estate Assignment, SMU, Singapore

Assignment Question

In January 2020, Steve Lim died having made a valid will date 4 July 2012. The following is an extract from his will showing the substantive provisions:

“I, Steve Lim of 2 Star Road, Singapore 123456 declare this to be my last will and revoke all former wills and testamentary dispositions made by me

1. I appoint Keith Tan of 12 Constellation Drive, Singapore 789101 and John Lai of 6 Planet Street, Singapore 121314 to be executors and trustees of this will
2. I give to the said Keith Tan and John Lai the sum of S$3,000 each regardless of whether or not they act as my executors
3. I give to my nephew Mervyn Ang of 3 Pluto Rise, Singapore 151617 the sum of S$15,000 to be paid from my DBS Bank account number 112233.
4. I give to my niece Mary Ang of 3 Pluto Rise Singapore 151617 the sum of S$7,000 provided she reaches the age of 21
5. I leave the rest of my estate to my brother Ken Lim of 5 Astro Avenue, Singapore 181920 absolutely”.

Keith died in 2013 leaving a wife, Stella, but no children. John died in 2019, unmarried and with no children. Both Mervyn and Mary survived Steve. Mervyn is 22 years old and Mary is 16. Ken died in 2017 leaving a wife, Sandra, and two children, George (who is now aged 10) and Raymond (now aged 7).

Steve never married and had no children. His parents died many years ago and his only other relatives are his two surviving brothers, Clement Lim and David Lim.

Steve’s estate is worth around S$1,500,000 and includes his house 2 Star Road, Singapore 123456, and a number of OCBC Bank accounts, but none with the DBS Bank.

1. Explain how the residuary estate will be distributed.
2. Identify and describe the types of legacies contained in clauses 2 and 3 only of the will and explain whether or not each will take effect.
3. Explain what type of grant of representation is appropriate here and who should apply for it.
4. • Identify the type of legacy to Mary contained in clause 4 of the will.
   • What will happen to this legacy:
     1. While Mary is under 21 years old;
     2. If Mary dies before she is 21 years old?