2. Sources of law
a. General
The main sources of written law are legislation and subsidiary
legislation. Singapore law also includes some common law and
English statutes.
English law was formally received by Singapore in 1826 by virtue
of the Second Charter of Justice. The common law of
England (including the principles and rules of equity), so far as
it was part of the law of Singapore immediately before 12 November
1993 (the date of commencement of Application of English Law
Act 1993), forms part of the law of Singapore. English common
law continues to be in force so far as it is applicable to the
circumstances of Singapore and its people, and subject to such
modifications as the circumstances may require.
Although the Singapore legal system is primarily common law
based, Muslim law is also recognised by the state. Generally, the
Administration of Muslim Law Act provides that in
religious, matrimonial and succession matters, Muslim law is to be
applied for Muslims who are domiciled in Singapore. Generally, the
school of Muslim law applied is the Shafi’i school of
thought.
b. Trusts
Singapore trust law is based substantially upon English trust
principles. The principal statutes governing trusts include the
Trustees Act (TA), the Trust Companies Act, the
Public Trustee Act, the Settled Estates Act, the
Charities Act, the Civil Law Act and the
Business Trusts Act.
A company licensed for trust business under the Trust
Companies Act may be appointed as the professional trustee of
a trust. A company incorporated in Singapore or registered as a
foreign company under the Companies Act may be licensed as
a trust company if it fulfils requirements laid down in the
Trust Companies Act. Under the Trust Companies
(Exemption) Regulations 2005, private trust companies are
permitted, provided that they use a licensed trust company, to
conduct the necessary checks for the prevention of money laundering
and countering the financing of terrorism.
c. Property, estate and probate
Common law concepts relating to the ownership of property apply.
The distinction between legal ownership and beneficial ownership of
property is recognised. Generally, legal rights in property can be
enforced against anyone, whereas equitable rights can be enforced
against anyone except a bona fide purchaser of the legal estate for
value without notice. The doctrine of notice is effected by
legislation for certain types of property such as land, where there
is in place a national system of registration for certain interests
created in the property.
The Intestate Succession Act governs the distribution
of the estate of a non-Muslim intestate decedent. The
Inheritance (Family Provision) Act sets out the
circumstances under which the spouse or children of a non-Muslim
deceased (whether dying intestate or testate) may apply to the
court for an order that the estate make provision for the
maintenance of the spouse and children.
The process of and procedure for obtaining a grant of probate or
letters of administration are set out in Probate and
Administration Act and in the Rules of Court.
d. Taxation
The principal legislation governing taxation is the Income
Tax Act.