Intestacy Law In Australia, England and Singapore - Another Aid to Social Sustainability in an Ageing Population?

Intestacy law is an important area of property and succession law because some people do not make valid wills. The values and expectations of a society will generally influence the framing of intestacy rules. The intestacy schemes presently operating in Australia, England and Singapore are no exception. This article describes how the law in each of these jurisdictions has changed since the 19th century. It compares and contrasts the major elements of the intestacy schemes in Australia, England and Singapore. It is argued that in Australia and England an important priority is the protection of the economic well-being of the surviving spouse (broadly defined). In recent decades, law reformers in both jurisdictions have articulated an emerging priority for intestacy law: the enhancement of the economic well-being of the aged surviving spouse. Singapore’s statutory intestacy regime has remained stable since its implementation in 1967. It evidences the concern that not only the spouse, but also that in certain circumstances, lineal descendants and ascendants ought to inherit from the intestate. Therefore, the concept of immediate family not only includes the spouse, but the issue and parents of the intestate.