INTESTATE SUCCESSION BILL

Order for Second Reading read.

4.31 p.m.

The Minister for Law and National Development (Mr E. W. Barker): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

The law of distribution on intestacy applicable in Singapore at present for non-Muslims follows the provisions of the English law as contained in the Statute of Distributions - a 17th century statute in England which has, in fact, been repealed there. The rules relating to the distribution of the estate of a deceased person on intestacy as contained in that statute are outmoded, especially in regard to the shares of the respective spouses. Under these rules, if a woman dies intestate leaving a husband, the whole of her estate goes to him. But if a man dies intestate leaving a widow and issue, the widow is entitled to one-third of the estate. And if he leaves a widow and no issue, she is entitled to one-half of the estate. The Bill seeks to amend the existing law so as to give equal rights to the spouses. When a person dies intestate, his property will be distributed in the manner set out in clause 7 of the Bill.

If the intestate dies leaving a surviving spouse but no issue or parent, the spouse will be entitled to the whole of the estate.

Subject to the rights of a surviving spouse and issue, the spouse will be entitled to one-half of the estate.

Subject to the rights of a surviving spouse, the estate of an intestate who leaves issue will be distributed in equal portions to and amongst the children of such person dying intestate and such persons as legally represent such children, in case any of the said children be dead and buried.

If there are no descendants, the parent or parents of the intestate will take the estate, in equal portions if there are two parents, subject to the rights of the surviving spouse, if any.

If there are neither surviving spouse, descendants, nor parents, the brothers and sisters and children of deceased brothers or sisters of the intestate will share the estate in equal portions and the children of any deceased brother or sister shall take according to their stocks the share which he or she would have taken.

If there are no surviving spouse, descendants, parents, brothers and sisters but grandparents of the intestate, the grandparents will take the whole of the estate in equal portions.

If there are no surviving spouse, descendants, parents, brothers and sisters or their children or grandparents but uncles and aunts of the intestate, the uncles and aunts will take the whole of the estate in equal portions.

In default of such distribution, the Government will be entitled to the whole of the estate.

If a person so dying intestate is permitted by his personal law a plurality of wives and leaves more than one wife, such wives will share among them equally the share which the wife of the intestate would have been entitled to had such intestate left only one wife surviving him.

For the purpose of distribution under the Bill, it is provided that there shall be no distinction between those related to the deceased person through his father and those related through his mother nor between those who are related to him by full blood and those who are related by half-blood.

A "child" is defined as a legitimate child and includes any child adopted or registered as such under any written law for the time being in force.

Mr Speaker, Sir, the Bill has been referred to the Singapore Bar Committee who have indicated that they support its provisions. It is proposed to refer the Bill to a Select Committee so that full consideration can be given to its provisions.

Sir, I beg to move.

Question put, and agreed to.

Bill accordingly read a Second time.

Mr Barker: Mr Speaker, Sir, 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.