'Reasonable provision' of maintenance under the Inheritance (Family Provision) Act

The Inheritance (Family Provision) Act (Cap. 138, 1985 Rev. Ed.) ("IFPA") has been the subject of noteworthy litigation in recent years. In 2009, the Court of Appeal dismissed an application for maintenance for two illegitimate children, making it clear that illegitimate children are not entitled to a claim for maintenance under the IFPA1 . Further, the High Court reiterated in 2011 that "the purpose of the IFPA is limited to the provision of reasonable maintenance; the legislation is not for the purpose of obtaining legacies out of the testator's estate."2

This update examines the recent decision of the Court of Appeal in AOS v Estate of AOT, deceased [2012] SGCA 30 ("AOS"), where the Court was asked to consider the interplay between the concept of just and equitable division of matrimonial assets under Section 112 of the Women's Charter (Cap. 353, 2009 Rev. Ed.), and "reasonable provision" of maintenance under section 3 of the IFPA.

AOS v Estate of AOT, deceased – "the unusual factual backdrop" 3

The appellant and the deceased ("the Testator") married in India on 12 May 1975, and they had three adult children – B, F and E. B is married to G and they have a son, H, born in 2003.

The parties did not dispute that there was "intense intra-family conflict" in the household from 2004. As a result of which, the appellant commenced divorce proceedings on 29 March 2005. The divorce eventually proceeded on an uncontested basis, and the interim judgment of divorce was granted on 26 January 2006. Before the hearing of the division of matrimonial assets and the interim judgment made final, the Testator passed away on 22 August 2006 in India. An order was made on 24 January 2007 to rescind the interim judgment, and the appellant was granted leave to withdraw her divorce petition.

Shortly before his death, the Testator executed a Will on 3 April 2006 making no provision for the appellant or his three children. Instead, the Testator's grandson, H, was named the sole beneficiary. As such, the appellant was effectively shut out from a share of the Testator's assets. If the parties had proceeded with the hearing of the division of the matrimonial assets, the appellant could well have received half of the matrimonial assets.

In the circumstance, the appellant commenced an action under section 3(1) of the IFPA to seek reasonable provision of maintenance for herself and B. B suffered from cerebral palsy and obsessive compulsive disorder, and was receiving...