Women’s Charter 1961 · 2020 Revised Edition · Part 10C · Replacement Because of Death
139P. Court’s power to order replacement for deceased payee, etc.
Last amended by an amending law of 2023.
Official textFrom Singapore Statutes Online, unchanged
Subject to subsection (2), where a person to whom maintenance is payable under a maintenance order dies (called in this section the deceased payee), the court may on the application of any person specified in subsection (3), make the following orders:
maintenance order
“maintenance order” means —(a)an order for the payment of monthly sums or a lump sum for the maintenance of a wife, an incapacitated husband or a child made or deemed to be made by a court under Part 8;(b)an order for the payment of monthly or periodical sums or a lump sum by way of maintenance or alimony to a wife or former wife or an incapacitated husband or incapacitated former husband, or by way of maintenance for the benefit of any child, under Part 10;(c)an order for maintenance made by the Syariah Court under the Administration of Muslim Law Act 1966; or(d)a maintenance order as defined in section 2 of the Maintenance Orders (Reciprocal Enforcement) Act 1975;
an order replacing the deceased payee with any other person that the court thinks fit (called in this section the replacement person) and any other orders incidental to the replacement that the court thinks fit;
an order varying the amount of maintenance payable under the maintenance order, on account of the death of the deceased payee.
The court must not make any order under subsection (1)(a) in respect of any maintenance that accrued due to the deceased payee before his or her death.
The persons who may make an application under subsection (1) are as follows:
the payer under the maintenance order in question;
any person who is a guardian or has the actual custody of the child for whose maintenance the maintenance order is made;
where the child for whose maintenance the maintenance order is made has attained 21 years of age, by the child himself or herself;
where the child for whose maintenance the maintenance order is made is below 21 years of age, any sibling of the child who has attained 21 years of age;
any person appointed by the Minister.
Where an order is made under subsection (1)(a) in relation to a maintenance order, the replacement person has all the rights of the deceased payee in relation to the maintenance order.
Despite section 78 (or section 71(3) as in force immediately before the date of commencement of section 24 of the Family Justice Reform Act 2023), an application under subsection (1) in respect of a maintenance order is to be made to a Family Court, regardless of whether the maintenance order was made by a Family Court or the General Division of the High Court.
Terms defined in this Act
child
Defined · s 122“child” means a child of the marriage as defined in section 92 but who is below 21 years of age.
maintenance order
Defined · s 8“maintenance order” means —(a)an order for the payment of monthly sums or a lump sum for the maintenance of a wife, an incapacitated husband or a child made or deemed to be made by a court under Part 8;(b)an order for the payment of monthly or periodical sums or a lump sum by way of maintenance or alimony to a wife or former wife or an incapacitated husband or incapacitated former husband, or by way of maintenance for the benefit of any child, under Part 10;(c)an order for maintenance made by the Syariah Court under the Administration of Muslim Law Act 1966; or(d)a maintenance order as defined in section 2 of the Maintenance Orders (Reciprocal Enforcement) Act 1975;
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