IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Originating Summons Probate No. of 2016
) ) ) In the matter of the Probate and Administration Act (Chapter 251) In the Estate of CHEN CHEN ____________________ Deceased (Republic of China Passport No.________________ ) And In the matter of an Application by CHEN _____________ (Republic of China Passport No. ___________________)
AFFIDAVIT OF FOREIGN LAW
I,
KUO____________________
________________ _____________________), _____), Attorney-at-law, care of
(Republic
of
China
(name of law firm)
Passport of
No.
(address)
do solemnly and sincerely affirm/swear and say as follows :-
1.
I am an Attorney-at-law in Taiwan, Republic of China and I am familiar with succession law in Taiwan, Republic of China. I exhibit hereto my curriculum vitae marked as “KYM1”.
2.
The facts deposed hereto are true to the best of my knowledge, information and belief.
3.
I am instructed that: a) The Deceased, CHEN __________________ was a Taiwanese citizen who was domiciled in Taiwan, Republic of China during her lifetime. b) The Deceased died on ______________ and she had left property within the jurisdiction of of Singapore at the time of her death. death.
4.
I have been asked to advise on the persons who are entitled to the assets of the Deceased in accordance with Taiwanese laws for the purpose of applying for the Grant of Letter of Administ Administrati ration on and and whether whether the Appl Applican icantt can apply apply for the Grant Grant of Letter Letter of of Administr Administratio ation n in Singapore.
2
5.
The particulars of the household are as follows: a) The Deceased was born in Taiwan, Republic of China on __________ 1930; b) The Deceased was a widow and her late husband, CHEN_____________passed away on _________ and a copy of the said Household Registration Transcript with English translation stating the date of death is annexed hereto and marked as “KYM-2”. c) The Deceased’s first son is CHEN, _________________ born on __________ 1954 – 62 years old; d) The Deceased’s first daughter is CHEN_______________ born on ______________ 1956 – 60 years old; e) The
Deceased’s
second
daughter
is
CHEN
________________born
on
___________ 1959 – 57 years old; and f)
The
Deceased’s
second
son
is
CHEN___________________born
on_____________ 1964 – 52 years old.
6.
The Certificate of Death of the Deceased is annexed hereto and marked as “KYM-3”.
7.
Under the Intestate Laws of Taiwan, Republic of China, an heir assumes all the rights and obligations pertaining to the estate of the decedent at the time of the commencement of the succession, except those rights and obligations which exclusively belong to the decedent. Where there are several heirs, the whole of the deceased's property is, before its partition, owned in common by the heirs. An heir may at any time demand the partition of the inheritance unless it is otherwise provided by law or agreed upon by contract. The above is specifically provided in paragraph one of Article 1148, Article 1151 and Article 1164 of the Civil Code of Republic of China. According to the house registration record of
the
deceased
CHEN
__________,
there
are
four
________________________________ and Chen _________.
heirs
including Chen,
The four heirs own in
common of the properties of the deceased CHEN_________________ The four heirs may also partition the co-owned properties to have one of them to acquire the sole ownership of certain property in any time if a mutual agreement has been obtained between all the heirs. Copies of the articles/sources of foreign law are exhibited hereto and marked as “KYM-4”. 8.
Based on the aforesaid, I confirm that the Deceased, CHEN ____________ said four children namely :-
a)
Chen,______________,
b)
Chen_________________;
3
c)
Chen_______________________; and
d)
Chen,___________
are the persons legally entitled to the estate.
9.
The deceased’s other children, Chen, ________________________, have the right to apply for administration of this estate but they have renounced all their rights and title to the Letters of Administration of the estate of the said deceased which is annexed hereto and marked as “KYM-5”.
Therefore, the Applicant is entitled to be appointed the sole
Administrator of the estate of the said deceased.
AFFIRMED by the abovenamed
)
KUO_______________
)
In Taiwan, Republic of China on this
)
day of Before me,
A NOTARY PUBLIC
2016
)
