What happens if someone in a same sex relationship passes away without a Will whilst living in Singapore? The legal situation is quite clear in this instance. The law just treats him\/her as single when he\/she passed away.<\/p>\n
If a person were to pass away in Singapore without a Will his\/her estate falls under the Intestate Succession Act (Cap. 146).<\/p>\n
It makes no difference even if the same sex couple have been legally married overseas.<\/p>\n
If a person legally married to another person of the same sex overseas were to pass away whilst resident in Singapore he\/she is still treated as a single.<\/p>\n
Marriage law in Singapore\u00a0 is set out in the Women\u2019s Charter.<\/p>\n
It was enacted in the 60s\u00a0\u201cto provide for monogamous marriages and for the solemnization and registration of such marriages\u2026\u201d.<\/p>\n
Section 12 (1) says :<\/p>\n
\u201cA marriage solemnized in Singapore or elsewhere between persons who, at the date of the marriage, are not respectively male and female shall be void\u201d.<\/p>\n
Under Singaporean law a same sex couple who marry overseas are deemed to have entered into a \u2018void\u2019 marriage.<\/p>\n
Under the Intestate Succession Act (Cap. 146) the term \u2018child\u2019 is limited to someone who is \u2018a legitimate child\u2019 or a child adopted under Singapore, Malaysian or Brunei law.<\/p>\n
Even if the child’s parents are lawfully married to each other in a same sex marriage overseas that child is still not considered\u00a0 ‘legitimate’.<\/p>\n
That child is not considered legitimate as his\/her parents are in a ‘void’ marriage under Singapore law.<\/p>\n
In any case, the child’s biological parents are unlikely to be married to each other. So the child cannot be considered legitimate for that reason either.<\/p>\n
However, if the child has been lawfully adopted under Singaporean law then he\/she could be considered a \u2018child\u2019 able to inherit under the Intestate Succession Act.<\/p>\n
The Singapore Supreme Court recently granted the application of the gay man to adopt his own biological son in UKM v Attorney-General<\/em>.<\/p>\n UKM was in a long term relationship with his partner. They were not married to each other.<\/p>\n UKM\u2019s child can inherit UKM\u2019s estate because of the adoption granted by the court.<\/p>\n If UKM were to marry his partner overseas their child would still not be able to inherit UKM\u2019s partner\u2019s estate.<\/p>\n For a same sex couple dying intestate it will be the parents, siblings, grandparents and uncles and aunts of the deceased who will inherit.<\/p>\n With a same sex couple, whether they are married to each other or not they cannot inherit each other\u2019s estate without a Will.<\/p>\n A child of a person in a same sex relationship can only inherit his\/her parents\u2019 estate under the Intestate Succession Act if he\/she:<\/p>\n A same sex couples living in Singapore must make a Will.<\/p>\n If a person in a same sex relationship cares about his\/her partner\/spouse and children then please make a Will. If not the partner\/spouse\/child is not going to be able to inherit any part of his\/her estate.<\/p>\nSo who inherits then?<\/h3>\n
Importance of making a Will for same sex couples<\/h3>\n
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