INHERITANCE (FAMILY PROVISION) BILL

Order for Second Reading read.

4.38 p.m.

Mr Yong Nyuk Lin (for the Minister for Law and National Development): Mr Speaker, Sir, I beg to move,

"That the Bill be now read a Second time."

This Bill seeks to introduce into Singapore the provisions of the English Inheritance (Family Provision) Act, 1938. As this Bill will change the existing law and will affect the right of a person to will away his property as he likes, it is proposed to refer it to a Select Committee, so that full consideration can be given to its provisions.

The former English law did provide for family provision in giving the wife a right to dower by virtue of which, if the wife survived her husband, she became entitled to an estate for life in a third of all her husband's freeholds of which he had been seised at any time during the marriage. As this right of the wife attached even though the husband alienated the land, it gave rise to a great deal of practical inconvenience and was eventually abolished by the Dower Act of 1833. After that, there was nothing to stop a man (or a woman with respect to her separate property) from devising and bequeathing his whole estate to charity or to a complete stranger and leaving his widow and children penniless. It was to prevent this evil that in 1938 the Inheritance (Family Provision) Act was enacted. That Act did not cast upon the testator any positive duty to make reasonable provision for his dependants, for it would be impossible to enforce any such obligation, but it provided that if he fails to do so, the Court may order such reasonable provision as it thinks fit to be made of the estate to his dependants, as defined in the Act. The Act was further amended in 1952 to extend it to cases of intestacy, as it was felt that the general law of intestacy might leave a child inadequately provided for. The provisions relating to family provision appear to have worked well in England and it is proposed to introduce them into Singapore.

The Muslim law contains provisions to safeguard the position of widows and children in cases of intestacy and there is already existing provision in section 41 of the Muslims Ordinance, 1957, to enable the Court to vary the will of a Muslim testator to make provision for his heirs. It is therefore not proposed to extend the legislation to Muslims.

The Bill has been considered by the Singapore Bar Committee and has been agreed to by them.

Sir, I beg to move.

Question put, and agreed to.

Bill accordingly read a Second time.

Mr Yong Nyuk Lin: Mr Speaker, I beg to move,

That the Bill be committed to a Select Committee consisting of Mr Speaker as Chairman and seven Members to be nominated by the Committee of Selection.

Question put, and agreed to.

Resolved,

That the Bill be committed to a Select Committee consisting of Mr Speaker as Chairman and seven Members to be nominated by the Committee of Selection.