Legal Articles

In Singapore, when someone passes away but leaves no Will, the law sets out how to administer the estate of the deceased. It also outlines the type of person who can act as administrators of the deceased’s assets and other affairs (like liabilities) under a court order known as Letters of Administration. In contrast, when a person dies and does leave a valid Will, the court will give effect to...

Just as in many other countries around the world, in Singapore, the law requires that a probate process is undertaken before estate property can be distributed to beneficiaries. A Will, on its own, is not usually enough to manage the property of the deceased, contrary to popular belief. The probate process requires the filing of several necessary documents and there are several stages to go through before the Singaporean court...

What is Probate? Following the death of someone with a valid Will, their executor(s) (and their trustees, if applicable) whom the deceased appointed in their Will, must apply to a court for a Grant of Probate. However, if the deceased made no Will, or the Will they made is deemed invalid, then the deceased’s next of kin may make a court application for a Grant of Letters of Administration. Applying...

Introduction During a divorce, child custody is often the main issue of contention. The main statute governing child custody in Singapore is called The Guardianship of Infants Act, and it is supplemented by the Administration of Muslim Law Act, and the Women’s Charter. Under the Women’s Charter, a ‘child’ is defined as a child of a marriage who is currently under the age of 21 years old. Custody vs Care...

A prenuptial agreement (which can also sometimes be known as an antenuptial agreement) is an agreement made by a husband and wife, prior to their marriage, which sets out what would happen in the event of their divorce. An agreement like this may cover any issue which can be the subject of ancillary proceedings – including the division of matrimonial assets, maintenance, and children. The prenuptial agreement is often seen...

On 1 January 2020, Parliament introduced long-awaited amendments to the Penal Code of Singapore, following several high-profile cases involving Criminal Breach of Trust (CBT). The key changes relate to section 409 of the Code, and involved defining the term ‘professional agents’, and extending the liability to a broader range of individuals entrusted with assets, when acting in the interests of clients or the general public. What is a Criminal Breach...

If you find yourself in the unfortunate position of being a victim of family violence, what can you do about it? In Singapore, there are several types of protection you may apply for to protect yourself from an abusive family member. According to the Women’s Charter, a Personal Protection Order (PPO) can be applied for by a family member, or on behalf of another family member (perhaps a minor or...