Many people wonder what happens to their assets if they were to die intestate (without leaving a valid will). In this article we answer that question. You may also find this useful if one of your relatives has died without leaving a will, and you aren’t sure if you will inherit something from them. The simple answer is that for people who die without leaving a will, the Intestate Succession...
If a deceased person dies and leaves a valid will, then the beneficiaries named in that document will get the assets. A Grant of Probate needs to be obtained by court application. However, if the deceased left no valid will, then family members will have to ask the court to issue a Grant of Letters of Administration. Family members would then receive the inheritance according to the Intestate Succession Act....
Even though experiencing the death of a loved one is a very difficult and emotional event, there are certain things you must do if it happens. These range from hiring a probate lawyer to settle financial and legal matters, as well reporting the death, to deciding how the estate should be managed and settling questions about inheritance. Here are the 8 legal things you should do if a loved one...
If someone who owns assets in both their home country and also abroad dies, then what should happen to their assets abroad? In their home country, their next of kin will take charge of matters via their domestic courts, but how can they control assets in another country, for example if those assets are in Singapore? In a situation such as this, the Singaporean financial institutions will require the next...
This article explains everything you need to know about making a will. A will is the legal term for a document setting out how a person (called a testator) disposes of, or bequeaths, their assets and property. In Singapore, a piece of legislation called the Wills Act governs how wills are made. What follows is a general guide; for specific advice you should speak to a reputable and experienced wills...
Our law firm helps clients who want to apply for a deputyship order because a family member has lost mental capacity, and did not make a Lasting Power of Attorney. There are two situations in particular where deputyship orders can help: If you have an adult relative who lost mental capacity because of illness or an accident, then a court order to make someone their deputy means that person can...
There is a difference between these two legal mechanisms; it’s important to understand that applying for a Deputyship under the Mental Capacity Act is not the same as making a Lasting Power of Attorney. Lasting Power of Attorney – LPA An LPA is a legal document that enables someone aged 21 years or older (the donor) to voluntarily name a donee or donees, that will make decisions on the donor’s...
A Power of Attorney (PoA) is a legally binding document, which allows an individual to give another person the power under law to act on their behalf. The donor is the person who gives the power, and the donee is the individual who received that power. Who might need a Power of Attorney? For individuals who spend a lot of time abroad, or who for some reason cannot personally manage...
A Power of Attorney (POA) is a legal instrument where someone gives power to another person to undertake certain activities for them, on their behalf, because they are unable to carry them out themselves. One kind of POA is a Housing and Development Board Power of Attorney, known as an HDB POA. This article explains who can perform an HDB POA role, what powers it gives and in what situations...
A Lasting Power of Attorney is an important legal document, and is as significant as a will. We all know the importance of ensuring our children are well taken care of after our death, and our estate is administered correctly. We want peace of mind that things will be OK for our family members, with no risk of family disputes over how to divide property and other assets. A will...
Nowadays people are living longer than ever before, but with an aging population comes an increase in mental illnesses. To protect the population in Singapore, the Government introduced the Mental Capacity Act 2008, which came into force from 2010. The legislation enables anyone older than 21 to appoint someone to act on their behalf, should they ever lose their mental capacity and be unable to make decisions. The Act also...
This article explores inheritance law concerning HDB (Housing and Development Board) flats, and seeks to answer some common questions. It can be complicated and often confusing to inherit an HDB flat. The process is influenced by many factors. The most important considerations are (1) whether the deceased person left a valid will, and (2) whether there are other owners of the HDB flat. Maybe you are the co-owner of an...
