Q My husband and I have adult children from previous marriages. We have separate wills in which certain portions of our assets would be bequeathed to each other and to our children.

If both of us were to die at the same time, for example, in an accident, what would happen to the portion of the assets that we have willed to each other?

A Section 30 of the Civil Law Act comes into play when two or more persons die and it is unclear which of them survived the other.

Unless the court rules otherwise, the presumption is that the younger is deemed to have survived the older, as far as title to property is concerned.

Assuming the husband is the older party, his will would take effect first. If the wife is a beneficiary under his will, she will inherit assets willed to her, and her will would govern the distribution of her assets in respect of her estate.

Both wills can also provide for a residual beneficiary if any one spouse should predecease the other or, for that matter, if any one of the children should predecease the parent. This means that you can state in your will that if your husband should die before you, then 'X' will take the specific bequest, or 'X and Y' will share equally.

Claire Tham
Partner, Hin Tat Augustine & Partners

Advice provided in this column is not meant as a substitute for comprehensive professional advice. E-mail questions to lorna@sph.com.sg

This article was first published in The Straits Times on September 7, 2008.