Caring for your child is one of life’s greatest gifts. However, it’s not always easy – especially if you are raising a child with special needs. Although not openly spoken about, parents are often concerned:
“Who will take care of my child when I’m gone?”
“How do I protect them financially then?”
Let’s address these issues today.
This is arguably the most important component in a Will to protect your child. The role of a guardian goes beyond basic caregiving. Their job also involves emotional support, medical and educational decisions, and therapy routines.
A Will allows you to name your preferred primary guardian, backup guardians and instructions to guide them. Without one, a decision may ultimately be made by the court, which may not reflect what you wish for your child.
Typically, the first thing that comes to mind when thinking of caretaking after death.
Most parents wish to leave money behind for their child, not realising that a lump sum inheritance may disrupt eligibility for certain financial support schemes. Through a Will, you will be able to structure the disbursement of payouts properly using trusts.
Initiatives like the Special Needs Trust Company (SNTC) Trust and Special Needs Savings Scheme (SNSS) help you achieve this by acting as a reliable avenue to manage the disbursement of your cash assets and CPF monies when you pass. This would ensure your child receives sustainable financial support, even after you’re no longer around.
A child with special needs may require lifetime support in terms of care and financial planning. To manage this, your Will should include important details such as:
These could cause unnecessary stress during an already difficult time.
Every parent wishes to protect and provide their children with a safe and stable future. For children with special needs, thoughtful legal and financial planning becomes even more critical.
If you are unsure where to start, we can guide you through your options before making informed decisions and creating a care plan that protects your child for life.
The content of this article does not constitute legal advice and should not be relied on as such. Specific legal advice should be sought for your circumstances.
It is increasingly common for individuals to live or work in both Malaysia and Singapore. When such a person passes away in Malaysia, the family typically obtains a Grant of Probate from the Malaysian courts.
However, complications arise when the deceased also held assets in Singapore – such as bank accounts, CPF savings, insurance policies, shares or property.
Families often discover that the Malaysian Grant of Probate cannot be used directly in Singapore. What should they do then?
The executor must obtain either:
1️. A Resealed Malaysian Grant of Probate in Singapore, or
2️. A Fresh Grant of Probate issued by Singapore Courts.
This article compares both options and how families can identify unknown Singapore assets.
A Malaysian Grant of Probate allows an executor to deal with assets in Malaysia, but the Malaysian Grant of Probate is not recognised in Singapore by Singapore financial institutions.
This means:
…cannot release funds or assets unless the executor presents a valid grant – issued or recognised in Singapore.
To satisfy this requirement, executors typically reseal their Malaysian grant of probate or apply for a fresh grant of probate in Singapore.
For official guidance, see the Singapore Courts’ explanation of foreign probate requirements.
Resealing is the process by which the Singapore Courts officially recognises a foreign Grant of Probate. Once resealed, a foreign grant has the same effect as a Singapore-issued probate grant, allowing institutions in Singapore to release the deceased’s assets.
Because Malaysia is a Commonwealth country, resealing is permitted under Singapore’s Probate and Administration Act.
Resealing is suitable when:
Typical requirements include:
A fresh grant of probate is needed when resealing is not appropriate. A fresh grant of probate is required when:
A fresh Singapore probate application requires:
This is a common issue faced by many families.
Many who have worked in Singapore decades ago may have opened bank accounts, contributed to CPF, purchased insurance, or invested in shares – all while their families in Malaysia have little to no documentation of them. This is where asset searches come in handy.
A structured asset search can uncover:
Without conducting an asset search in Singapore, these would be left unclaimed, wasting many years of effort and savings.
Losing a loved one is hard. It gets even tougher when you have to sort the paperwork during the grieving process. Consider engaging an experienced professional to handle cross-border complexities, and minimise the stress and overwhelm that comes with it.
Contact LP Law for assistance with any foreign probate and cross-border matters in Singapore.
Disclaimer:
The content of this article does not constitute legal advice and should not be relied on as such. Specific legal advice should be sought for your circumstances.
In Singapore, pets are legally classified as property. This means they cannot directly inherit assets or be named as beneficiaries in a will. Special arrangements have to be made to ensure your furry or feathered family members are cared for after you’re gone.
Since pets are considered property, you cannot leave them money directly in your will. You can however state who gets ownership of your pet.
Here is where a pet trust comes in.
A pet trust allows you to:
This way, you can have peace of mind knowing your pet will be cared for, even if you are no longer around.
Unlike some countries, Singapore does not have dedicated legislation for pet trusts. They are considered ‘non-charitable purpose trusts’, which serve to benefit a particular individual and can be more complex and raise legal challenges.
If you are hoping to set one up, it is essential to seek professional advice on the best way to go about it.
The Settlor (person creating the trust) can be:
A pet trust can operate:
Created through a will, these take effect only after the trustor’s death and must comply with the Wills Act. You name the pet caregiver in your will and state that they are to receive your pet as property, along with any funds to care for it.
Created during your lifetime they take effect immediately (or at a specified event, such as incapacity).
If the trustee caregiver breaches their duty, a typical beneficiary can file a claim for breach of trust. However, a pet would not be able to make a claim on their own.
To safeguard your wishes, you may appoint a Pet Trust Protector (a trusted friend or professional lawyer) who can oversee the trust’s execution, remove or appoint trustees, and ensure funds are used properly.
As the law on pet trusts in Singapore is still unclear, it is best to consult a lawyer with expertise in estate planning and trust law.
Alternatively, you can:
Whether your trust is living or testamentary, a Letter of Wishes is a non-binding document guiding the trustee or guardian on how to carry out your instructions.
It may include:
In Singapore, while pet trusts are not specifically legislated, there are legal structures available to protect your pet’s future. A well-drafted trust, combined with clear instructions and the right people, can ensure your beloved companion is loved and cared for. Let us ease the process for you, and for a peace of mind knowing that your pets are well-taken care of.
The content of this article does not constitute legal advice and should not be relied on as such. Specific legal advice should be sought for your circumstances.
Becoming a legal adult comes with responsibilities, one of which is thinking ahead. While it may seem premature to consider estate planning in your 20s or 30s, the truth is that death can happen unexpectedly.
A will is not just for the elderly or the wealthy; it is an essential document that gives you control over your affairs, helps protect your loved ones, and ensures that your wishes are respected.
A will is a legally binding document that outlines how your assets should be distributed after your death. It also allows you to appoint someone you trust to manage your estate and care for any dependents you leave behind.
Without a will, your assets will be distributed according to Singapore’s Intestate Succession Act, which follows a fixed hierarchy of beneficiaries. This legal default may not reflect your true intentions, especially if you have:
Therefore, a will ensures your estate is passed on according to your wishes.
For a clear diagram on how your assets would be distributed via the Intestate Succession Act, click here.
When drafting a will, an executor has to be appointed; someone you trust to carry out your instructions. The executor is responsible for:
Without a will, the court will grant Letters of Administration to an administrator. This person may not be someone you would have chosen, potentially leading to delays, inefficiencies, or disputes.
See here for a breakdown of this process.
A will is crucial especially if you have children who are minors. It allows you to:
*Testamentary trust is one created in a will to provide for dependents, and only comes into effect after death
Without these provisions, the Family Court will decide who raises your children, and there may be uncertainty over how their financial needs are met.
In the absence of a will – misunderstandings, disagreements, and even lawsuits may arise. A properly drafted will:
Under the Wills Act, a valid will also reduce the likelihood of contested claims under the Inheritance (Family Provision) Act, which allows dependents to challenge the distribution of your estate if they feel inadequately provided for.
Not all assets are covered under your will. For instance:
A complete estate plan includes making the necessary nominations, trust arrangements, and will provisions to ensure your entire estate is distributed according to your intentions.
If you own a business, your passing could lead to serious disruptions. With a will, you can:
Speak to our wills and probate lawyers to ensure a comprehensive succession plan.
Under the Wills Act (Cap. 352), your will should meet the following conditions:
Failure to meet these requirements may result in your will being invalid, and your estate would be distributed under intestacy laws instead.
Drafting a will may not feel urgent, but it is one of the most responsible and loving things you could do. Whether you are a young working adult, a parent, or a business owner, a will offers peace of mind that your affairs will be handled as you intended.
Will-writing can be complex and difficult to navigate, contact our wills and probate lawyers to ensure your will is legally sound and clear.
The content of this article does not constitute legal advice and should not be relied on as such. Specific legal advice should be sought for your circumstances.
In this section, we will share more about applying for the Resealing of a Foreign Grant, helping you understand what it is and how it works.
In Singapore, Foreign Grants issued by Commonwealth Countries and Hong Kong may be resealed by the Family Division of the High Court.
Essentially, this means that the Foreign Grant is recognised and given legal recognition by the Singapore Courts.
Upon resealing, the powers provided for in the Foreign Grant may be carried out in Singapore, with no alteration to its terms, as if it were a grant issued in Singapore.
When applying for a resealing of foreign grant, it is important to note that only Foreign Grants of Probate / Letters of Administration issued by Commonwealth Countries and/or Hong Kong are eligible for the resealing process.
For other countries, a fresh Grant of Probate or Letters of Administration application is required.
The Executors / administrators must file several documents through the Singapore Court’s eLitigation system:
The process typically takes at least 3 months from the time of application. However, this timeline can vary depending on the complexity of the case and the completeness of submitted documents.
On approval, the Singapore Courts will issue a Memorandum of Resealing and Notice of Resealing of Grant.
The Resealing process ensures that the executor / administrator can legally manage the estate as approved in accordance with the Foreign Grant. Without it, financial institutions and other asset holders will not release the deceased’s assets. Additionally, the Resealed Grant of Foreign Probate serves to protect the executor and/or administrator from future legal challenges concerning the administration of the estate.
Distribution of assets depends on whether the original foreign grant was a grant of probate or a letters of administration process:
Executors / Administrators may face challenges, such as when there are:
Obtaining a Resealed Foreign Grant of Probate is a crucial step in managing a deceased person’s assets. Though it may seem daunting, having the right information and documentation can streamline the process.
Our experienced legal professionals regularly handle resealing applications and are here to guide you through every step and concern. Reach out to us if you are involved in the process or need more information on how to navigate it.
Disclaimer: The content of this article does not constitute legal advice and should not be relied on as such. Specific legal advice should be sought for your circumstances.
In this section, we will share more about applying for Letters of Administration, helping you understand what it is and how it works.
In Singapore, when someone passes on and does not have a will, the next-of-kin may apply for a Letters of Administration from the Singapore courts in accordance with Section 18 of the Probate and Administration Act. This legal document gives the administrator the authority to manage the deceased’s estate, pay off any debts, and distribute the assets as outlined under the Intestate Succession Act 1967.
The application process depends on the value of the deceased’s estate:
Prior to applying for a Letters of Administration, renunciations must be obtained from all beneficiaries with prior rights. The Intestate Succession Act 1967 specifies seven classes of people who are eligible to apply for this grant, in declining order of priority:
For example, if a Parent is to apply for a Letters of Administration, renunciations must be obtained from the surviving spouse and children.
Once the renunciation(s) are obtained the applicant / administrator must file several documents through the Singapore Court’s eLitigation system:
The process typically takes about 3 months from the time of application. However, this timeline can vary depending on the complexity of the case and the completeness of submitted documents.
The Letters of Administration ensures that the administrator can legally manage the estate according to the will. Without it, financial institutions and other asset holders will not release the deceased’s assets, and the estate cannot be distributed as directed under the Intestate Succession Act 1967. Additionally, a Letters of Administration protects the administrator from future legal challenges concerning the administration of the estate.
Once the Letters of Administration is issued, assets are distributed in accordance with the Section 7 of the Intestate Succession Act 1967
*Above scenarios are non-exhaustive, please contact LP Law for more information.
Administrators may face challenges, such as when there are:
Obtaining a Letters of Administration is a crucial step in managing a deceased person’s assets. Though it may seem daunting, having the right information and documentation can streamline the process.
Our experienced legal professionals are here to guide you through every step and concern. Reach out to us if you are involved in a probate process or need more information on how to navigate it.
Disclaimer: The content of this article does not constitute legal advice and should not be relied on as such. Specific legal advice should be sought for your circumstances.
In this section, we will share more about Grant of Probate, helping you understand what it is and how it works.
In Singapore, when someone passes on and leaves behind a will and significant assets, the appointed executor must apply for a Grant of Probate from the Singapore courts. This legal document gives the executor the authority to manage the deceased’s estate, pay off any debts, and distribute the assets as outlined in the Will.
The application process depends on the value of the deceased’s estate:
To apply for a Grant of Probate, the executor must file several documents through the Singapore Court’s eLitigation system:
The process typically takes about 3 months from the time of application or more. This timeline can vary depending on the complexity of the case and the completeness of submitted documents.
The Grant of Probate ensures that the executor can legally manage the estate according to the will. Without it, financial institutions and other asset holders will not release the deceased’s assets to the executor, and the estate cannot be distributed as intended. Additionally, a Grant of Probate protects the executor from future legal challenges concerning the administration of the estate.
Executors may face challenges, such as when there are:
Obtaining a Grant of Probate is a crucial step in managing a deceased person’s assets. While the process may seem daunting, having the right information and documentation can streamline the process.
Our experienced legal professionals are here to guide you through every step and concern. Reach out to us if you require more information with the probate process and need our professional legal assistance on how to navigate the application.
Disclaimer: The content of this article does not constitute legal advice and should not be relied on as such. Specific legal advice should be sought for your circumstances.
A Will informs your beneficiaries your wishes for the distribution of your assets.
However, in most cases, your executors or administrators will still need a Grant of Representation to distribute the assets.
In Singapore, the different types of Grants of Representation are:
Upon obtaining a Grant of Representation, the executors or administrators will be required to open an estate banking account for the funds to be transferred into.
This also helps to ensure that the funds are properly accounted for and distributed.
These processes will be further discussed in our subsequent posts.
Other than the above Grants of Representation, the Public Trustee also has the discretion to administer the estates of deceased persons, where the value of the estate does not exceed $50,000.
Typically, beneficiaries may want to approach the Public Trustee where the assets are not major, and the distribution is not complicated.
Not all assets may be dealt with via a Will and/or Grant of Representation.
The Public Trustee is the exclusive administrator of the CPF belonging to deceased persons.
Distribution of CPF will go according to either, (1) nomination, if there is a nomination, or (2) the Intestate Succession Act (Cap. 146).
Even if there are provisions in a Will that deals with CPF, such provisions will not take effect.
The Public Trustee also holds on trust CPF for minor beneficiaries who are below 18 years of age for nominated beneficiaries, and 21 years of age for unnominated beneficiaries.
Insurance proceeds are generally dealt with via a revocable or non-revocable nomination with the insurance company. This is typically the fastest and easiest method to obtain insurance payouts.
Distribution clauses in a valid Will pertaining to insurance proceeds will take effect in the event a nomination was not made.
Stay tuned for the next few parts of this series, where we dive deeper into each topic on the Grant of Probate, Letters of Administration and Resealing of a foreign grant. Don’t miss out on the valuable insights and practical tips coming your way.
Be sure to check back soon!
Disclaimer: The content of this article does not constitute legal advice and should not be relied on as such. Specific legal advice should be sought for your circumstances.
A will is a legal document that explains how you want your assets to be distributed after you pass away. In Singapore, it is essential to create a will to ensure that your estate, comprising properties, finances, and belongings, is managed according to your preferences. This gives you peace of mind, certainty, and control over your affairs. Without a will, distribution of your assets will follow the guidelines of the of the Intestate Succession Act, potentially diverging from your intended wishes.
Before writing a will in Singapore, it’s important to understand the different types available, as each one serves different needs and situations. These can be customised to suit various circumstances. In this context, we explore four common types of wills in Singapore: simple wills, joint wills, mutual wills, and mirror wills.
The widely chosen option for writing a will in Singapore is the simple will. This legal document clearly states your preferences regarding the distribution of your assets. With a simple will, you can make changes to the distribution of your assets at any time while you are still alive.
A joint will is a single document created usually by two parties, typically spouses, which details how they wish to divide their combined assets.
Upon the death of one party, the surviving party inherits and manages the estate.
Upon the surviving party’s death, the combined assets are distributed according to the provisions in the joint will. Importantly, the surviving party cannot unilaterally alter the terms of the joint will; any changes require the consent of both parties involved.
Similar to joint wills, mutual wills are agreements between two or more parties with identical content, detailing the assets and distribution instructions. Once a mutual will is created, it cannot be altered without the consent of all parties involved.
This type of will is commonly used by spouses who wish to guarantee that their estates are distributed according to their agreed-upon plan.
Mirror wills are like mutual wills in that they consist of two nearly identical documents. In mirror wills, each partner typically leaves their assets to the other in the event of their death. For instance, if one spouse passes away, the surviving spouse inherits everything, and vice versa. Unlike joint or mutual wills, mirror wills allow each party to independently modify their own will without needing the consent of the other. This flexibility makes mirror wills popular among married couples or partners who want to ensure their spouse is provided for, while still retaining the freedom to revise their will if circumstances change.
Writing a will in Singapore is an important step in ensuring your assets are distributed according to your wishes. Whether you choose a simple will, joint will, mutual will, or mirror will, it’s wise to consult with a lawyer to make sure everything is done correctly.
Disclaimer: The content of this article does not constitute legal advice and should not be relied on as such. Specific legal advice should be sought for your circumstances.