S'porean divorced wife & married another woman. Neither stand to inherit his CPF money.

The court asked MUIS for their take.

Sulaiman Daud | October 14, 2019, 02:34 PM

A Singaporean man passed away in Dec. 2015.

However, according to a legal ruling and Muslim law, neither of the two women he married are eligible to receive the money in his CPF savings.

Nominated first wife as a beneficiary

The Straits Times reported on Oct. 14 that Samsudin Mohamed nominated his wife, Mamuah Naim, as his CPF beneficiary in 1985.

The couple had no children, and divorced in 1989.

After Samsudin died, Mamuah applied to withdraw the money after being notified by CPF.

She withdrew more than S$575,000, leaving just S$117 in the account by March 2016.

Second marriage

But Samsudin had married another woman after his divorce, a Filipina named Leonisa Acha Vallecera.

They got married in Toronto, Canada, and had a son together. Leonisa is currently residing in Canada.

The High Court ruled that this second marriage was valid, even if CPF was unaware that her ex had gotten married again, and this revoked Mamuah's CPF status.

But there was another twist.

Renounced Muslim faith

According to The New Paper, Leonisa had married Samsudin under Islamic law, but subsequently renounced her Islamic faith.

ST did not specify exactly when this occurred, but the court sought an opinion from the Islamic Religious Council of Singapore (MUIS) and its fatwa committee.

It stated that Leonisa's actions meant that her marriage was considered dissolved upon renouncing Islam.

This meant that her son was technically born out of wedlock, and neither of them stand to inherit Samsudin's estate.

Money goes back to estate administrator

Justice Andrew Ang ruled that Mamuah's CPF nomination was still void, however, and ordered that her to return the full CPF sum of S$575,735 to the estate administrator.

This happens to be Samsudin's sister, Hamidah Hanif.

Hamidah had argued in court that since her brother's first nominee's status was revoked, and that his second marriage was considered null and void, his true beneficiaries should be his mother and five siblings, under the Islamic Law of Intestacy.

Top image from CPF Facebook and Pixabay.

 

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