Singapore legislation
Schedule 1
Schedule 1
Determination of nearest relative
FIRST SCHEDULERegulation 16(2)(b)Determination of nearest relative
1. Subject to paragraphs 2 and 3, the nearest relative of a deceased individual is the individual first listed in the following sub‑paragraphs, the elder or eldest of 2 or more such individuals described in any sub‑paragraph being preferred:
the deceased individual’s spouse at the time of death;
the deceased individual’s child;
the deceased individual’s parent;
the deceased individual’s brother or sister;
an other relative of the deceased individual.
2. For the purposes of paragraph 1 —
a reference to a deceased individual’s child means a legitimate, legitimated or adopted child of the deceased individual;
a reference to a deceased individual’s brother, sister or relative includes, respectively, a brother, sister or relative of the deceased individual by adoption; and
there is to be no distinction between those who are related to a deceased individual through the father or the mother of the deceased individual.
3. If the individual (P) who is determined in accordance with this Schedule to be the nearest relative of the deceased individual —
dies;
is legally incapable of exercising the right mentioned in regulation 16(1); or
is unable or refuses to make a decision concerning the exercise of the right mentioned in regulation 16(1),the individual who is next in priority to P is regarded as the next nearest relative of the deceased individual.
4. For the purposes of this Schedule, an individual is not considered to be unable or to have refused to make a decision mentioned in paragraph 3(c) merely due to a temporary inability or temporary unavailability to make such a decision.