Dividing your assets equally among your children after your passing may be contested in Australia. Depending on the needs of the individuals, “adequate provision” in Australia’s family provision law may require an unequal distribution of your inheritance to ensure the needs of certain family members are addressed, according to Max Williams, Special Counsel at de Groots Wills and Estate Lawyers. We spoke to Max about Australia’s family provision law, why it’s one of the most common forms of estate litigation and the key matters foreigners with Australian assets and Australians overseas should consider when completing their estate planning. Name : Max Williams Company : de Groots Wills & Estate Lawyers Wills and Estate Specialisation : Estate planning, estate litigation based on Family Provision law Operating Locations : Australia – New South Wales, Victoria and Queensland Service Style: Efficient, proactive, communicative Q: Can you tell us about yourself? How did you get into law and estate planning? Max: I excelled in high school, and my family wanted me to pursue a challenging field like medicine. However, I wasn't interested, so we agreed on a double degree in law and communications. Initially, I didn't care much for law, but as I neared the end of my studies and got practical experience, I saw a future in it. I began my career as a lawyer at a small firm on the Gold Coast. There, I gained diverse experience in areas like criminal, family, and conveyancing law. Later, I joined a bigger firm as a property and commercial lawyer. During that period, the lawyer in charge of wills and estates had recently left. Despite others not being interested, I stepped up as a junior lawyer to handle the wills and estates portfolio. This is where I discovered that I had a genuine passion for this field. To enhance my knowledge and skills, I pursued a Master's degree majoring in wills and estates law. After graduating, I then became an Accredited Specialist with the New South Wales Law Society, which only about 5% of Australian lawyers have achieved. Eventually, I transitioned to de Groots, a firm specializing in wills and estates law. This aligns perfectly with my interests, and I'm currently in my fourth year here, thoroughly enjoying my work. Q: The wills and estates industry isn't commonly considered exciting, what drew your interest to this field? Max: To me, this area holds significant appeal for a couple of reasons. Firstly, it's a universally relevant field of law since everyone will eventually pass away. One may never encounter family law or property law because one may never get a divorce or purchase a property. But wills and estates law touches everyone's lives, either through their own passing or the passing of someone they know. The skills and knowledge that I possess can genuinely benefit everyone. Secondly, I appreciate working with regular people rather than businesses or commercial entities. My clients are families and people with loved ones to care for. What I do helps them ensure their family's future and provides them with a sense of security, especially since many people avoid thinking about mortality. Facing one's own mortality is a natural hesitation. When people engage in estate planning , they are forced to confront this reality, but being able to offer them concrete plans and documents to ease their worries brings me a deep sense of satisfaction. Q: What does being an accredited specialist mean in Australia and how can someone become accredited? How is a lawyer with this specialization different from one without it? Max: Specialist Accreditation is a recognition granted by fellow legal professionals in a particular field of legal specialization. The process is quite demanding. You need to have worked as a lawyer for at least five years, predominantly focusing on the area of law in which you are seeking to be accredited. There are three evaluations: a written assessment, a written exam, and a face-to-face interview. At the end of the process, experienced specialists in that field will review and decide if you meet the high standards. Q: What is the price difference between a specialist in wills and estates law compared to a general legal practitioner in Australia? Max: The cost varies depending on the type of work. For estate litigation, it's typically billed per hour. A specialist might charge between AU$500 and AU$800, which is higher than a general lawyer. However, when it comes to estate planning, firms usually charge on a fixed fee basis. The distinction lies in the value and services provided by specialist firms compared to general firms. Specialist firms can offer a wider range of strategies and options. For instance, we can incorporate special approaches for handling discretionary family trusts, something a general practice firm may not delve into. Many of our clients have these trusts because they are becoming more and more common. These family trusts are set up while you're alive and are separate legal entities. Having a watertight will for your other assets doesn't usually cover what happens with your trust-held assets. It's a common misconception that a will encompasses assets held in a trust. General firms can also create excellent wills, but the loose end of what happens to the trust assets might remain untied. As a specialist firm, we have various strategies to help tie up these loose ends, ensuring that the trust assets end up where you intend them to go. Simply put, you are not necessarily paying more to a specialist firm for the same work, but you are paying more because you’re getting more value, options, and strategies throughout the process. Q: What services do you provide in the wills and estate space? Max: We cover three main areas in our firm: estate planning, estate administration , and estate litigation. While I'm involved in both estate planning and estate litigation, my focus leans towards estate planning. In this role, I utilize tools like wills, enduring powers of attorney (EPA), appointments of enduring guardian, trusts, and binding death benefit nominations for superannuation. [ Enduring Power of Attorney (EPA) is a legal document that allows you to appoint a person or organization to have the legal power to make legal, financial and/or property decisions on your behalf when you lose mental capacity . An Appointment of Enduring Guardian allows you to appoint someone to make lifestyle and health decisions for you if you lose mental capacity. Both the EPA and appointment of enduring guardianship are akin to Singapore's Lasting Power of Attorney (LPA) . However, these documents differ across Australian states due to varying state laws and rules. Superannuation is a retirement savings system in Australia, where your employer adds money to your super account while you work, and it's meant to support you financially during your retirement.] Superannuation is a big subject in Australia. A binding death benefit nomination allows you to choose who will receive your superannuation when you pass away, which is often part of estate planning. Like trusts, superannuation isn't necessarily governed by your will. A binding death benefit nomination is similar to a will but requires a specific form to be used. We also have unique strategies in place that can try to minimize tax around superannuation where it's self-managed. When we meet clients in person, we can explain these unique strategies in depth for their situation. I'm also a lecturer at The College of Law Australia, where I teach about Family Provision, which is also where most of my litigation work revolves around. It is an aspect of estate litigation in Australia, where certain persons challenge wills on the basis that the deceased person did not adequately provide for them. Own assets in Australia and want to know how to estate plan for them? Book an appointment with Max from de Groots now Q: Can you tell us more about the Family Provision law in Australia and why it’s important to consider that in estate planning? Max: Family Provision Law in Australia is a law that ensures that the estate of a deceased individual provides sufficient support to their family members. People can go to court if they think they didn't inherit enough from an estate to meet their needs. It's a misconception that anyone can contest a will due to inadequate provision; that's not the case. These court applications, called Family Provision applications, have different rules depending on which Australian State we are talking about. Each State’s jurisdiction has specific criteria for those eligible to file a Family Provision application. Typically, this includes spouses, children and dependents, but the exact list varies in each jurisdiction. For instance, stepchildren don't have the automatic right to make a Family Provision application in New South Wales, but they are allowed in Queensland. Another misconception is that it's always fair to divide a parent's estate equally among all their children (or unfair to divide the estate unequally). The law states that each person's situation must be individually evaluated. If parents specify in their will that they're dividing everything equally, one child could challenge this if they feel they haven't been provided for adequately. While claims can come from various family members and relatives, most often we find it's adult children who make such claims. Q: In Singapore, mental incapacity is probably the more common reason to challenge a will. Why is it more common to use family provision laws to challenge a will in Australia? Max: Compared to challenging a will based on mental incapacity, which requires medical and other professional evidence, making a Family Provision application is much simpler and the evidence is laxer. You mainly need to show your financial situation, which is simpler to demonstrate. Going to trial can be expensive; legal costs for both sides can exceed AU$100,000, and certainly for smaller estates it’s not going to be feasible, so settlements often happen during the compulsory mediation rather than via a full trial. On the other hand, as mentioned, proving mental incapacity or undue influence can be tough. Suspicion of unreasonable actions isn't enough; solid evidence is needed, and it's uncertain how such cases will end. Still, it's becoming common to see both contested probate and Family Provision causes of action running together nowadays. Q: Do you offer a basic estate plan package and how much does it cost? Max: Our basic package covers a simple will (appointing executors and naming a few beneficiaries), along with an EPA and appointment of enduring guardian. The cost starts at AU$1,800 for individuals and AU$3,000 for couples. Prices vary based on each client's unique situation. Even if two clients receive the same documents, they may be charged differently. Factors like urgency or complex wealth can influence pricing due to additional care and risk assessment needed. Q: What are a few typical challenges that your clients encounter? Max: Many people don't realize that a will doesn't cover assets not owned in their personal name, like trusts, companies or superannuation. Online wills are increasingly popular, but they are not usually going to be able to deal with these types of assets. This is why it's crucial to consult a specialist. They can help you develop strategies to manage these assets properly, structure the will to fully provide for beneficiaries, considering aspects like asset protection and tax savings, and offer tailored advice based on individual circumstances. A growing trend in Australia is the rise of blended families, where a couple can not only have children that they have together, but also children from their previous relationships. The challenge is ensuring provisions for a spouse while also providing for children from a previous relationship. Engaging a specialist in this case is particularly useful in helping you find a solution that balances the interests between the various family members. Q: What type of trusts are common in Australia? Why and when do people use such a trust? Max: Testamentary trusts are quite common nowadays, and many clients have probably heard of them, even if they don’t fully understand them. When we talk about a testamentary trust, we mean a testamentary discretionary trust, which is set up in your will, usually adding a few extra pages to it. [A testamentary trust is established under a will and and takes effect only upon the settlor 's passing .] For these trusts, having sufficient wealth is key. The trust would typically need to receive at least half a million dollars or more for it to be relevant. People opt for testamentary trusts to safeguard beneficiaries, even though they don't personally benefit from the trust. For instance, if a beneficiary goes through a divorce, the assets won't usually be at risk of going to their ex-spouse. However, merely having money doesn't mean it's suitable for everyone. Some clients can afford it but don't see its value, so they opt not to use it. Additionally, there needs to be a sufficient number of beneficiaries, often family members. These trusts are often set up for adult children as primary beneficiaries, then their own children, and so on. However, if you have only one child without children of their own, the trust's utility might be limited. It's more effective when there will be multiple beneficiaries through generations. Sometimes, it's not just about wealth or number of beneficiaries, but about the beneficiary's circumstances. This applies when a parent is making a will for a child with special needs, like mental disabilities, addiction, etc. In such cases, the trust protects the inheritance from the beneficiary themselves, as they might not be able to manage the money well. Q: How much does including a testamentary trust cost? Max: Including up to three testamentary trusts in our basic package, which includes a will, EPA and appointment of enduring guardian, would raise the starting cost from AU$1,800 for individuals to AU$4,000, and AU$3,000 for couples to AU$7,000. Through our related company, de Groots Guardian Services, we can serve as trustees for testamentary trusts, especially for beneficiaries with disabilities. We don't usually charge a commission (percentage of assets), unlike some trust companies. Instead, we bill based on the work required, as some trusts might have substantial wealth but need little management, while others might have less wealth but more involved work. Curious about whether you should include a trust in your estate plan for your Australian assets? Book an appointment with Max from de Groots now Q: What should foreigners with Australian assets and Australians living overseas keep in mind when planning for their estates? Max: If you're a foreigner with assets in Australia, the first crucial step is ensuring the validity of your will. Ensure Your Will is Valid In Other Jurisdictions While you might have a valid will in your home country, the criteria for a valid will vary between jurisdictions. Our general advice is that you should always have a will in each jurisdiction that you own assets in, so if you own assets in Australia, it's advisable to create a will here. Additionally, there might be specific regulations and factors that are relevant here but not in another country. As specialists, we will help you highlight these matters to you. Because Australia is part of the Commonwealth, we have resealing laws. If someone passes away with a will probated in a Commonwealth country, we can reseal it in Australia, providing an automatic advantage. However, if the will was created in countries like China or the United States, we can't reseal it. In those cases, you would need to meet Australia's will validity requirements. Location of Assets For Australians living abroad, there could be tax ramifications, primarily related to income tax and where you earn your income. However, from a succession perspective, the focus is on asset ownership. If you've moved abroad and taken your wealth with you to another country, it's usually less concerning. Yet, if you're working in another country while retaining assets in Australia, proper estate planning, like using wills, remains important. Another important consideration is that if you choose to create a will for each country where you have assets in, ensure that the wills from different countries do not nullify or invalidate each other. If you don't have a will but own assets in Australia and other countries, your domicile (the country you consider as your permanent place) may become crucial. This becomes significant for tax purposes and estate litigation, particularly when determining which jurisdiction’s Family Provision law is applicable. Q: What are some of the upcoming trends in the wills and estates area in Australia? Max: I'm drawn to this area of law because it remains relatively stable. Unlike some fields that experience yearly changes, wills and estates law sees fewer modifications. In New South Wales, our most significant change recently has been transitioning all probate applications online, marking the largest shift in about 15 years. Occasionally, you might hear whispers about the government considering reintroducing estate tax , especially near election times. Unlike many countries, Australia currently doesn't have estate tax, meaning you don't need to give a portion of your estate to the government. While we do keep an eye on potential tax changes, we don't let tax considerations dominate our approach. Our main focus is ensuring the rightful individuals receive your wealth. Q: Anything interesting about you? Max: I've been a huge fan of Batman since I can remember. Over time, I've gathered a substantial collection, with many items gifted by my family, friends, and colleagues who know about my Batman fandom. This fascination stems from a few reasons. Firstly, I grew up with Michael Keaton playing Batman in Tim Burton's blockbuster films. That was before the avalanche of superhero films nowadays, so as the main superhero on the big screen at the time, Batman was a big part of my childhood. Secondly, I'm drawn to Batman's human side; he lacks superpowers but uses his tragic past (the death of his parents) to make a positive impact on the world rather than turning into a supervillain. This interview has been edited for length. Do you have overseas assets and need help on estate planning? Back to profile interviews > All articles and resources > FAQs What is Family Provision Law in Australia? Family Provision Law in Australia is a law that is designed to ensure that the assets of a deceased individual provides adequate support to their family members. Am I eligible to file a Family Provision Application? In Australia, the rules for Family Provision applications vary by state, with each state having its own specific criteria for eligibility to file such applications. Speak to Max Williams from de Groots here to inquire more. If I have a Lasting Power of Attorney (LPA) in Singapore, do I need an Enduring Power of Attorney (EPA) in Australia? While Singapore's LPA is similar to Australia's EPA, LPAs are generally not recognized in other countries and vice versa. However, please consult a professional on whether this is the case and decide if you need an LPA (or one that's equivalent) for your specific country outside of Singapore. Immortalize is an Elderhood marketplace and information provider. We make planning and executing your plans for ageing, retirement, legacy and everything elderhood-related simple, easy and comprehensive! Immortalize Who's Who series seeks to profile service providers in the legacy planning space to help you better identify and relate to the best, the most outstanding and the legitimate providers. Find a professional, compare prices, and kickstart your estate planning Disclaimer: Nothing in this article or site should be construed as providing legal advice or advice of any sort. The information provided are general in nature and may become inaccurate over time. Please consult a professional for advice. For any issues or queries, please contact j@immortalize.io

So, you are a Muslim living in Singapore or have assets here. Are you subjected to Muslim inheritance law? For your international assets, which country's Muslim law should you adhere to? What do you do if local laws, for example rules on property transfer, contradict with Muslim laws? Which one should you follow? Immortalize spoke to Ahmad Nizam Abbas, Managing Director of Crescent Law Chambers LLC, on what Muslims with international assets should be on the look out for when doing their estate planning. Name: Ahmad Nizam Abbas Company: Crescent Law Chambers LLC Estate Planning Specialization: Muslim family law Based Country: Singapore Service Style: Empathetic, Compassionate Anything Interesting: Die-hard football and Arsenal fan Q: Can you tell me about yourself and how you got into law? Nizam: I have always had an inclination for areas which required me to use a lot of analysis, thinking and logic. General Paper was my best subject, and given that my strength was in writing, law was the most natural choice even though the only thing I knew about law was what I saw on TV. Q: How many years have you been advising on Muslim law and what has your journey been like? Nizam: I graduated in 1991, which is more than 30 years ago. The irony is that I did not study Family law or Muslim law in law school. During the summer holidays, I did an internship with a firm that did a lot of Criminal and Family law and I found that I resonated deeply with issues that families and individuals face. I used to go up to Malaysia just to stock up on books on Muslim law. My family would be out shopping and I would ask them to leave me at a bookstore and meet me back at the hotel at the end of the day, where they would be amused to find me deep into research and reading. I built up my own library, attended conferences and tapped on the experience of more experienced lawyers. At one point, when I was then serving on the Council of the Law Society of Singapore, I was asked to set up the first ever Muslim law Practice Committee. I subsequently served as Chairman for more than a decade. More recently, I published a book called ‘ Muslim Family Law In Singapore ’, which is the first dedicated book on Muslim law using case laws from the Syariah Court and High Court of Singapore. It is a first of its kind in Singapore. Over the years, I’ve learned that there are many different layers of issues to Muslim law. I obtained my Masters on Islamic Law and Islamic Finance from the Singapore Management University more than 10 years ago when I was already 45 years old. My personal research and reading on this subject continues every day. Q: What sparked the idea for a book on Muslim Family law in Singapore? Nizam: Prior to my book, there were no proper textbooks on Muslim Family law in Singapore. Lawyers were reliant on articles or papers written before Singapore’s independence by our then Attorney-General, Ahmad Ibrahim, which were very informative and a great source of history for me, but they were not exactly textbooks which provided current or practical information to guide practitioners in Court. Singapore’s First Muslim Family Law Book The industry has been relying on Muslim law textbooks from overseas that are largely based on legislation of another country. While Muslim law is universal, if you go deeper, every state has its own legislation and each of them have their own Syariah Court and rules on inheritance . There are a lot of commonalities but there are also nuances that are different. You cannot simply use the rules of another country and apply them to Singapore. That’s why I, with my co-authors, wrote the book to fill this gap. This book is not intended to replace the writings of Ahmad Ibrahim but it is hoped that it can at least be a contemporary go-to resource for people looking to learn about Muslim law, both in divorce cases as well as inheritance in Singapore. Q: Do you have to be a Muslim to practice Muslim law in Singapore? Nizam: In Singapore, you do not need a special qualification or pre-requisite to practice Muslim law. By virtue of the Legal Profession Act, any advocate and solicitor in Singapore can appear in the Syariah Court. While there are no statutory requirements for lawyers to practice Muslim law, there are other ethical rules such as the Professional Conduct Rules that state that you should not take on a case where you have no expertise in or familiarity with. It is very much the personal decision of a lawyer to decide whether to take on a case. The Importance of Understanding Muslim Estate Planning There have been instances where lawyers have found themselves facing a negligence claim in the drafting of Muslim wills or in the handling of Muslim inheritance. I have seen wills drafted by lawyers who may not be aware that the will of a Muslim deceased domiciled in Singapore must be in compliance with Muslim law. This means that simply putting “in accordance with Muslim law” does not render the will compliant with Muslim inheritance law. It is very sad and tragic when the family finds out that the deceased’s will may be invalid if the estate distribution is inconsistent with the Muslim inheritance law. Q: For Muslim families with no male heirs, would you say that the will is the worst estate planning tool for a father who wants to keep everything within his immediate family (i.e., his wife and daughters)? Are there better ways to keep the assets within the immediate family? (Context: In Muslim inheritance law (called Faraid ), male heirs get more than female heirs and in the absence of male heirs, for example a son, the brothers of the deceased will get a share of the deceased’s estate. Generally, a Muslim can only write a will to give assets to people who are not beneficiaries under Faraid distribution.) Read more: How does Muslim Inheritance Work in Singapore? Nizam: This is a typical question and indeed a very real concern. First, we have to take one step back and ask the testator (the person making the will), “What do you want to do? What do you want to say in your will?”. We then highlight the limitations of the will and let him know that he cannot give everything to the daughter under a will. However, there is an exception. What you can do in your will is to get the beneficiaries to consent to a redistribution. For example, in a scenario where the testator only has daughters and no sons, but has brothers (i.e., uncles of the daughters), the beneficiaries of the testator’s estate would likely be his brothers and his daughters. In that case, sometimes, we will meet with the uncles and ask whether they are willing to give back or pass on their share to the daughter. This redistribution is allowed. What isn’t allowed is the testator indicating that he does not want his assets to be given to his brothers and only to his daughters because that will be transgressing Muslim law. Instead, he can persuade his brothers to donate their shares to his daughters. While we cannot bind the uncles to such wishes, the testator can still indicate such wishes in his will, i.e., that he wishes for his brothers to donate back the assets to his daughters. You can also draft a deed of family arrangement after the will has been written to reflect that the uncles agreed to such an arrangement. Now, the question is, is it foolproof? In 2016, there was a High Court decision on this that went all the way to the Court of Appeal. A family of sons and daughters had agreed, when their father was still alive, to receive their father’s assets in equal shares. After the passing of their father, they had another family meeting where they confirmed the collective agreement to respect their father’s wishes for equal division. Two months later, one of the sons changed his mind and wanted to follow Faraid. The Court of the Appeal stated that when you make an agreement, you make a new contract. The siblings made a contract amongst themselves - they were not forced, and this was a voluntary decision made to respect their father’s decision. They were thus bound by what they had agreed to, which is not inconsistent with Muslim law. The Power of Promise in Islam Under Muslim law, the giving of a promise is binding. Your promise is very powerful. When you promise to do something, it means you can be held to it. Therefore, the court rejected the brother’s application and upheld the agreement. Apart from keeping promises and honoring one’s trust, I think we still need a lot of public education about why males get double the amount of assets than females in Muslim inheritance law. The purpose of it is primarily about responsibility, to assist them in looking after the females. Related Story: Muslim Estate Distribution is Bias for Men. Here’s Why Q: What if the uncles disagree with the testator’s wishes? Are there any other tools out there that a testator can use so that the assets stay within the immediate family? Nizam: Yes, the other tool that we can consider doing is called Hibah Ruqba , where in this case, the father, gift his assets to his daughter while he is still alive, and if he passes away, the daughter will have ownership of the assets. If the daughter passes away first, then the assets go back to the father. Alternatively, he may consider doing a trust because that insulates the property from the inheritance, which is a tool I see being used increasingly. However, not every family can afford to do a trust because for example, for real estate, when you give something, it amounts to a conveyancing transaction and therefore, there are stamp duties involved. Q: What’s a typical client for you? Nizam: There is one niche area that I deal a lot with – clients with cross-border assets such as foreigners who live in Singapore or have Singapore assets. These clients tend to be very particular about privacy and would ask not only about their assets in Singapore, but also whether what they do in Singapore will be affected by the laws of their home country. When it comes to such cross-border issues, I would be careful about the advice I give and would usually look for my counterparts in those countries and work with them regarding local laws. Q: Are there any interesting or uprising tools that Muslims, expats or locals, with international assets increasingly use that others can consider? Nizam: Speaking to my friends from Dubai and Malaysia, I think the current big thing is Islamic trust because it has a lot of potential to protect the beneficiaries, coupled with other benefits. However, it's also an instrument that is very complex, because Muslim laws have a lot of prohibitions that we need to be very mindful of. It is not the case of just using a conventional trust template and labelling it as an Islamic trust. This is an evolving area, which makes it complicated. We see Islamic trust developing in Malaysia and parts of the Middle East. I am always consulting scholars in other countries and reading their works. Q: What are the top 3 things that either Singaporean Muslims with foreign assets, or Muslim expats in Singapore need to be aware of? Nizam: First and foremost, you need to find out whether Singapore law applies to you. If you are already domiciled in Singapore, it does apply. If not, then the laws of your own domiciled country will apply. Secondly, regardless of whether you are domiciled in Singapore or not, you have to find out whether the assets that you are handling or thinking of giving (i.e., the subject of distribution), are affected by any particular local laws. An example would be property. There are property laws that will be enforced regardless of where your home country is. Thirdly, for people who have assets in different countries, you need to find out the specific legislation and laws that govern those assets in those countries. Therefore, it is insufficient to only know Muslim law in a vacuum. As a practitioner, you always need to do an overview and see how Muslim law operates in harmony with other laws of the land. Q: How do people recognize qualified Muslim lawyers if there is no special qualification needed? Nizam: On the law society website, there are lawyers who have declared Muslim law as their area of practice. Unfortunately, this is not a foolproof system as there is arguably no monitoring mechanism of a lawyer’s proficiency or experience in this area. Another way would be through word-of-mouth or looking through a lawyer’s portfolios but not every lawyer puts down their portfolio on their websites. So, it's very difficult to tell and it's still very much either by referral or through reported cases in the media. Looking for lawyers that can deal with Muslim law? Find one here . Q: What are the keywords that you think would represent you best? Nizam: Empathy and compassion. The layout of my office room probably best describes how I deal with my clients. It is curated in a way that makes people feel comfortable enough to discuss anything. People come here with a lot of thoughts and worries, and I am here to help them find solutions that may be difficult for them to find on their own. It’s really about understanding the deepest concern that the client has and what the root of the problem is. Q: Can you tell me more about your interests and hobbies? Nizam: I am a football and Arsenal fan. I live and breathe it, and my office is filled with club memorabilia. Whether weekdays or weekends, I will always set aside time for my team's match. That includes if they're playing at three or four in the morning. This interview has been edited for length. Read more: How does Muslim Inheritance Work in Singapore? , Muslim Estate Distribution is Bias for Men. Here’s Why Don't know where and how to start estate planning as a Muslim? Back to profile interviews > All articles and resources > FAQs What is Faraid in Singapore? Faraid is the Islamic Law on Inheritance and deals with the distribution of a deceased Muslim's estate. If you are a Muslim and after you pass away, your estate will be distributed to beneficiaries based on rules stated under the Faraid. Can a Muslim make a will in Singapore? Yes, if you are a Muslim domiciled or permanently residing in Singapore, you can make a will in Singapore. However, for the will to be valid, the will must be in compliance with Muslim inheritance law, also known as the Faraid. For example, you can only give away 1/3 of your assets to people who are not beneficiaries under Faraid distribution in your Muslim will. What are some of the estate planning tools available for Muslims in Singapore? Muslims in Singapore can use tools such as a will, Hibah Ruqba, Islamic trust, and deed of family arrangement for estate planning. However, you must be mindful of the prohibitions under Muslim laws if you decide to use any of these tools. You can find a list of Muslim law proficient lawyers here . Immortalize is an Elderhood marketplace and information provider. We make planning and executing your plans for ageing, retirement, legacy and everything elderhood-related simple, easy and comprehensive! Immortalize Who's Who series seeks to profile service providers in the legacy planning space to help you better identify and relate to the best, the most outstanding and the legitimate providers. Find a professional, compare prices, and kickstart your estate planning Disclaimer: Nothing in this article or site should be construed as providing legal advice or advice of any sort. The information provided are general in nature and may become inaccurate over time. Please consult a professional for advice. For any issues or queries, please contact j@immortalize.io .

A Lasting Power of Attorney (LPA) gives people (called donees) power to make important decisions for you when you lose mental capacity. But having too many donees may put a strain on everyone and create unnecessary suffering for you, according to Moses Loh, a family medicine doctor at Loh & Loh Clinic & Surgery. We discuss with Loh on challenges that people face when it comes to signing elderhood-related legal documents and how family disagreements can escalate into physical fights when there’s no proper planning. Name: Moses Loh Company: Loh & Loh Clinic & Surgery Medical Specialization: Surgery, Internal Medicine and Family Medicine Base Country: Singapore Service Style: Friendly, comprehensive, sincere Languages: English, Mandarin, Cantonese, French, Hokkien, Bahasa Melayu, Bahasa Indonesia, Tamil Anything Interesting: Former chef turned doctor Clinic Location: 501 West Coast Drive, #01-284, Singapore 120501 (South West CDC) Q: Can you tell us about yourself? How did you become a doctor and eventually set up your own clinic? Loh: I was overseas for a long time and lived in places such as Hong Kong, Beijing and Paris because of my mother’s job. I came back to Singapore and decided to become a doctor because I wanted to choose a career that will have a positive impact on other people. To me, being a doctor is what allows me to have the most direct and immediate ability to make a positive impact on others. I got my qualifications as a doctor at the National University of Singapore. Since I wanted to be able to treat all aspects of my patients’ health and healthcare and not just focus on one medical specialty, I went on to set up my own clinic about a year and a half ago Q: What does your clinic do? Are there any differences between your clinic and other clinics? Loh: Yes, we are somewhat different from other clinics. We’re like a mixture of a polyclinic, an urgent care center and a physiotherapy department. We want to be a one-stop community clinic for everyone, where patients can settle most of their medical issues in one place without having the need to visit many different doctors. Besides doing what a typical clinic does, we also perform minor surgeries, do preventive healthcare, deal with complex chronic diseases, and handle minor emergencies such as severe diarrhea or pain, and even bone fractures. We have an in-house X-ray that we can examine patients’ bones and joints instantly. Another differentiating factor is that we work closely with hospitals. We are a part of the GPFirst programme, an initiative to encourage patients to visit a participating clinic for non-life threatening urgent conditions first rather than going to a hospital’s emergency department directly. If any patient needs more specialized and emergency care, they will be referred to a hospital’s emergency department for further diagnosis and treatment, and the patient can receive a $50 subsidy. Q: What is your typical patient? Loh: Our clinic is surrounded by HDB flats, landed properties, schools and playgrounds, so we have a good mix of people in our area. Our patients are generally children, middle-aged people who require care for chronic illnesses such as high cholesterol and diabetes, and working-class people such as industrial workers who have higher risks of getting injured. Having a diverse crowd of people puts our skills to good use. Q: Any memorable cases from you being able to do more than what a regular clinic can? Loh: Yes. I remember a time when the coffee shop auntie whom I regularly buy coffee from suddenly collapsed. A nearby hawker saw what happened. Knowing that we are just around the corner and that we can deal with such emergencies, he immediately carried her to our clinic. We did an assessment and realized she had a stroke, so we gave her some IV fluids and blood thinners, which are crucial substances to prevent her from developing an even bigger stroke that can cause her to lose her life. Even though we managed to save her life and stabilize her, we referred her to the hospital for further treatment as it is important to extract the blood clot from her brain within 4 hours to prevent permanent brain damage, and this can only be done at the hospitals. Q: Does your clinic provide any elderhood-related services? Loh: Yes, we provide Advanced Medical Directive (AMD) , Lasting Power of Attorney (LPA) , Advance Care Planning (ACP) and death certification. [LPA is a legal document that allows you to appoint one or more persons ( donees ) to make decisions on your behalf if you lose mental capacity one day. AMD is a legal document that allows you to inform medical professionals in advance that you do not want any extraordinary life-sustaining treatment to be used to prolong your life when you become terminally ill and unconscious. ACP is the process of planning for your future healthcare options. It is a non-legally binding document that allows you to have a say in your healthcare when you no longer have mental capacity.] Generally, when I see people who are frail or have children, I tend to raise the topic of LPA or AMD and explain to them what these are and why they should consider doing them. Most people have never heard of ACP before. When we detect any serious medical conditions, such as when a patient keeps falling ill, has end-stage heart disease or has badly injured his hip that requires a big surgery, we will inform and educate the patients about ACP. In these cases, they can lose their mental capacity anytime due to their illness and ACP will allow the patient to state their healthcare preferences in the event that they are unable to. Read more: Demystifying Advance Care Planning (Singapore Edition) Demystifying Lasting Power of Attorney (Singapore Edition) Demystifying Advance Medical Directive (Singapore Edition) Want someone to explain the difference between Will, LPA, AMD and ACP to you? Reach out to us, we'll give you a quick summary and help you get these documents done. WhatsApp us or leave your contact details here . Q: What are the common issues that your patients face when they do their LPA and/or AMD? Loh: When it comes to LPA, one of the issues that my patients face is that they often choose too many donees (people who will make decisions on your behalf when you lose mental capacity). Choosing too many donees defeats the purpose of an LPA because there are too many people making decisions for you and they very often have different opinions on things. When it’s hard for your donees to reach consensus, it delays matters, such as healthcare and medical treatment decisions, for you. It is best to choose one donee and tell him/her exactly what you want and trust that they will stick to your wishes. Second, people often think that LPA is only concerned about their assets . They don’t realize that donees are supposed to make decisions for things involving the way they live as well, such as what to eat and wear, where to stay and with who. These are important discussions that they need to have with their donees so that their wishes can be fulfilled if they lose their mental capacity. When it comes to AMD, many people don’t quite understand what the document means, and often family members don't realize their loved ones have already signed the document. There was a time when one of my patient's daughters started crying midway through the patient’s AMD discussion because she was shocked to find out that once her father signed the document, it means he officially declared that he won’t be receiving advance life saving measures such as ventilator support and CPR when he becomes terminally ill and unconscious. This breaks her heart to know that what she wants is not what her father wants. Have burning questions or concerns about doing your LPA and/or AMD? Feel free to WhatsApp us or leave your contact details here and let us reach out to you to help you get these documents sorted. Q: Are there any challenges that caregivers or family members face when patients didn’t do their LPA and/or AMD, but lose their mental capacity? Loh: When patients did not do their LPA and/or AMD, it causes a lot of arguments between family members. Family members often have different opinions on what is best for the patient, so it’s usually difficult for them to come to agreements. Back in the day when I was still working in the hospital, I’ve seen many occasions where family members were upset with one another for making particular decisions without consulting each other. I had an encounter with a patient’s family members, where a verbal argument escalated into a physical fight because they couldn't come to an agreement. Most of the time, arguments don’t become this violent, but that doesn’t mean it’s any less suffering for the family members as they often debate on what their sick loved ones might actually want. These discussions normally stretch on for a long time, which put a strain on the mental health of everyone who is involved and subsequently put the patient through unnecessary suffering, such as not being medically cared for the way they wanted. Q: Do you see any triggers that may cause more people to want to do their AMD, LPA, or ACP? Loh: We are actually seeing an increasing number of patients enquiring about LPA. Primarily, people would consider doing or actually do their LPAs or AMDs because they reached a certain age. When we first started our clinic, people who did their LPAs or AMDs were also the more educated and well-informed ones. After these people have done theirs, they have been sharing information and recommending LPA and AMD to their neighbors and friends, which resulted in a lot more people from different educational backgrounds coming to do their LPAs with us. For ACP, we don’t really see a difference in the number of people so far. Whether people do it or not is more or less determined by whether they have any serious illnesses. People who would likely do their ACP are the ones who expect to develop certain diseases, such as cancer or organ failures. Q: What are your interests or hobbies? Loh: I like to cook. Before I went to the army, I worked at a restaurant as a chef for a while. Even though I didn’t have any cooking experience before, the restaurant took a chance on me because I know how to speak French. This interview has been edited for length. Back to profile interviews > All articles and resources > Don't know how and where to start doing your elderhood-related documents such as Will, Lasting Power of Attorney (LPA), Advance Medical Directive (AMD), and Advance Care Plan (ACP)? We can help you get started. Let's get these matters sorted! WhatsApp us here , email us at j@immortalize.io , or leave your contact details here  and we will reach out to you! FAQs Can I have more than one Lasting Power of Attorney (LPA) donee? Yes, an LPA allows you to choose up to 2 donees and 1 replacement donee. However, one of the issues that some people face is that they often choose too many donees. When there are too many donees, it’s hard for them to reach consensus, which could delay matters, such as healthcare and medical treatment decisions, for you. What happens if I lose mental capacity without a Lasting Power of Attorney (LPA)? Your family would have to go to court and apply to become your deputy in order to make decisions for you. Without an LPA and you designating powers to specific people to make decisions for you, it can potentially cause a lot of arguments between family members, as they often have different opinions on what is best for you. Immortalize is an Elderhood marketplace and information provider. We make planning and executing your plans for ageing, retirement, legacy and everything elderhood-related simple, easy and comprehensive! Immortalize Who's Who series seeks to profile service providers in the legacy planning space to help you better identify and relate to the best, the most outstanding and the legitimate providers. Find a professional, compare prices, and kickstart your estate planning Disclaimer: Nothing in this article or site should be construed as providing legal advice or advice of any sort. The information provided are general in nature and may become inaccurate over time. Please consult a professional for advice. For any issues or queries, please contact j@immortalize.io .

What is an Advance Medical Directive (“AMD”)? An Advance Medical Directive is a legal document that you sign in advance to inform the doctor treating you that you do not want any extraordinary life-sustaining treatment to be used to prolong your life if you become terminally ill and unconscious. What does it mean to be “terminally ill”? Simply put, terminal illness is when you have an incurable condition caused by injury or disease from which there’s no reasonable prospect of recovery. Death is imminent and any application of extraordinary life-sustaining treatment only serves to postpone the moment of death. What does “extraordinary life-sustaining treatment” include? It includes any medical procedure or measure which, when administered to a terminally ill patient, will only prolong the process of dying when death is imminent, but excludes palliative care . Why make an AMD? If you are in a permanent vegetative state (unconscious), terminally ill and will die shortly without life support, do you still want to be on life support? If you answer is no, making an AMD can help you legally communicate that. Some terminally ill patients may be unable to express their wishes to be spared from suffering and be allowed to die naturally. Having an AMD helps your family and doctor act on your wishes. If you have an AMD, regardless of objections from your family, the doctors will have to respect your AMD. Having the discussion about AMD will help your family understand and respect your wishes should you become terminally ill. *Note: An AMD acts as instruction for your doctor not to prolong your life with extraordinary life-sustaining treatment, and let the dying process take its natural course, and not through an act that causes or accelerates death. It cannot be used as approval for euthanasia, abetment of suicide or mercy killing. Euthanasia/mercy killing is the deliberate ending of the life of a person suffering from an incurable and painful disease by unnatural means, such as the administration of lethal chemicals. How to make an AMD? Anyone who is above 21 years old and not mentally disordered can choose to make an AMD. The form can be downloaded here and have to be signed by two witnesses present at the same time. One of the witness must be a doctor and the other must be at least 21 years old. The witnesses cannot have vested interest in your death. Relatives can be witness as long as they don’t have a vested interest in your demise. The witnesses' duties include ensuring that you: Are of sound mind Are over 21 years old Are making the AMD voluntarily and without inducement or compulsion Have been informed of the nature and consequences of making an AMD. Send the completed form to the Ministry of Health’s Registrar of Advance Medical Directives (“Registrar”). The Registrar will send you an acknowledgment after the AMD has been registered. Your AMD is only valid after it has been registered. How much does it cost to make an AMD? The AMD form is free. The cost comes from paying the doctor for the services (being a witness as well as explaining the AMD to you) rendered. What happens after you make an AMD? AMD is a confidential document. Hospital staff, including doctors and nurses, do not know who has made an AMD and they are not allowed to ask you if you have made an AMD. The Process If your doctor has reasons to believe that you are terminally ill and unable to make your wishes known, the doctor can check with the Registrar on whether you have made an AMD. If the Registrar informs that you have an AMD, three doctors, including the patient's doctor, must unanimously certify a patient's terminal illness. Two of the doctors must be specialists. If the first panel of three doctors cannot agree unanimously that the patient is terminally ill, the matter will be referred to a second panel of three specialists that are appointed by the Ministry of Health. If the second panel of doctors also cannot agree unanimously that the patient is terminally ill, the AMD cannot take effect. The patient's life will continue to be sustained and receive medical treatment as normal. Note: This is a simplified explanation of the procedure. See here for full details. How to revoke your AMD? An AMD can be revoked anytime in the presence of at least one witness. A revocation form needs to be submitted to the Registrar or you/your witness can write a letter to the Registrar. Please check here for full details. Can you make an AMD while overseas? As long as the first witness is a doctor currently registered with the Singapore Medical Council, and the AMD is filed with the Registrar in Singapore, the AMD is considered valid. Note: This article has been summarized from the following sources: Advanced Medical Directive Act - https://sso.agc.gov.sg/Act/AMDA1996#pr9- Ministry of Health website : https://www.moh.gov.sg/policies-and-legislation/advance-medical-directive Still have questions about AMD? All articles and resources  > Immortalize  is an Elderhood marketplace and information provider. We make planning and executing your plans for ageing, retirement, legacy and everything elderhood-related simple, easy and comprehensive! Find a professional, compare prices, and kickstart your estate planning Disclaimer: Nothing in this article or site should be construed as providing legal advice or advice of any sort. The information provided are general in nature and may become inaccurate over time. Please consult a professional  for advice. For any issues or queries, please contact j@immortalize.io

Before we talk about how to pass on your CPF or how to inherit CPF from a kin, let's get some basic facts right. What is CPF? The Central Provident Fund (CPF) is Singapore’s social security system that helps Singapore Citizens and Permanent Residents set aside funds for retirement. What are the CPF accounts that I can pass on or inherit from? In the context of inheritance, CPF has 5 components that you need to care about: 1. Ordinary Account (OA) - Used for retirement, housing and investment 2. MediSave Account (MA) - Your healthcare savings account used for hospitalization expenses and approved medical insurance. You can use MediSave to cover premiums for MediShield Life and other approved medical and long-term care insurance. 3. Special Account (SA) - For old age and investment in retirement-related financial products 4. Retirement Account (RA) - For monthly retirement payouts (Age 55 and above) 5. CPF LIFE - A national longevity insurance annuity scheme that gives you a monthly payout for as long as you live, mitigating some risk associated with living too long and potentially outliving your economic assets. There is also Supplementary Retirement Scheme (SRS) that complements CPF savings but that's not technically CPF. [Subscribe to our mailing list to be the first to receive our deep dive into CPF LIFE, SRS and how to milk and optimize your retirement plans.] When you start working, you will start contributing to OA, MA and SA. At age 55, an RA account will be created for you. Before you turn 65, you need to decide on your CPF Life options. What happens to your CPF savings after you pass away? First thing to know about CPF inheritance is that your will does not cover your CPF savings. You will need to nominate who to get your CPF. But because CPF doesn't form part of your estate , your CPF savings are protected from creditor claims on any outstanding debts. What does your CPF nomination cover? Your CPF nomination covers OA, SA, MA, RA, unused CPF Life premiums and discounted Singtel shares. We'll share more on how your CPF gets distributed with and without nomination in later sections . What does your CPF nomination NOT cover? Your CPF nomination does not cover properties bought using your CPF savings, payout from Dependents' Protection Scheme (DPS) and investments made under CPF Investment Scheme. CPF savings used for property For property held under joint tenancy , your share will pass on to the surviving joint owner(s). For property held as tenants-in-common , your share will form part of your estate and be distributed based on your will or if you don't have a will, based on intestacy law . There is no need to refund the CPF savings used to purchase the property. Here's more information on distribution under the will and without a will: What Happens to My Stuff When I Die (Singapore Edition)? Payouts from DPS If you were insured under this scheme, CPF will inform the insurer and if a DPS nomination has been made, the insurer will send the claim application details to the assigned nominee(s). If no nomination has been made, the details will be sent to your correspondence address. Your family also can make a claim directly by submitting an application to the insurer. Investments in CPF Investment Scheme The investments will form part of the estate and be distributed based on will or intestacy law. Administrators or executors of the estate can claim investments and cash balances from the product provider or agent bank. How Is CPF distributed after I pass away? With CPF nomination, CPF savings will be distributed to the nominee(s) in the proportion stated; CPF will get in touch with your nominee(s) to facilitate the distribution of your CPF savings; Your CPF savings will be distributed to the nominees in cash ; Nominee to decide if discounted Singtel shares should be transferred to nominee's CDP account or sold. Without nomination, The CPF savings will be transferred to the Public Trustee for distribution according to intestacy law for non-Muslims, or Muslim inheritance laws for Muslims; More information on Singapore's intestacy distribution More information on Muslim inheritance laws CPF Board will either transfer discounted Singtel shares to deceased's securities account, the estate's securities account or sell the shares as instructed by the executor/administrator. Some points to note: Marriage revokes your CPF nomination If you get married, existing CPF nomination will be revoked and you will need to renominate Divorce DOES NOT revoke your CPF nomination I f you get divorced, your existing CPF nomination remains . If you have nominated your ex-spouse, your ex-spouse will still get your CPF savings. So remember to change your nomination if you prefer someone else getting your CPF inheritance after the divorce. What if my CPF nominee die before me? If there are any deceased nominees (people you choose to inherit your CPF savings), you can either adjust the share allocation to the surviving nominees or include new nominees. If you do nothing, the deceased nominee’s share will be distributed to the surviving nominees in the same proportion specified in your nomination. What if a nominee pass away before he/she could receive the CPF inheritance? The CPF inheritance will be paid out as cash and distribute d as part of the deceased nominee’s estate. Why and How to Nominate your CPF? Nominating your CPF allows you to decide who gets your CPF savings. You can do it online and it's FREE! Nominate your CPF here . Things to prepare before you nominate your CPF? Decide who you want to nominate and in what proportion Decide who the two witnesses should be and tell them about your intent The two witnesses will need to confirm that you have made your nomination willingly. Your witnesses cannot be your nominee or an organization. Decide if you want anyone to access your CPF account information after you die By default, CPF will only tell your nominees how much they will receive. The nominees won't know how much CPF savings you have in total or who else you have nominated to receive your CPF. Not even your kin can ask CPF for your account information and/or nomination decisions unless you give explicit authorization. If you decide to give your nominees or someone else access, you can do so by completing the section “Instruction to Disclose my CPF Information” in the nomination form. CPF Board will, upon request, disclose your CPF statement of account and nomination details to the authorized person. Get ready the following information Your Singpass Your nominees' full name (as per NRIC/FIN), NRIC/FIN number, mailing address, email Your two witnesses' full name (as per NRIC/FIN), NRIC/FIN number, mailing address, email and/or Singapore registered-mobile number Once you are ready, head here to nominate! How to Claim the CPF of a Deceased Family Member? First, report the demise of a CPF member. If the deceased was a Singapore Citizen or Permanent Resident, you don’t need to inform CPF Board. CPF board will be notified by the relevant public agency and CPF board will contact the nominees. If deceased was a foreigner with a CPF account, you need to report the death to CPF Board. More information here . Next: CPF LIFE - Best Gift From The Singapore Government? Back to CPF, CPF LIFE, SRS X Inheritance Series > Back to Resource page > Immortalize  is an Elderhood marketplace and information provider. We make planning and executing your plans for ageing, retirement, legacy and everything elderhood-related simple, easy and comprehensive! Immortalize Who's Who   series seeks to profile service providers in the legacy planning space to help you better identify and relate to the best, the most outstanding and the legitimate providers. If you find figuring out who, how and actually nominating your CPF, doing your will and lasting power of attorney  too much work, outsource the work to  Immortalize Prime, your personal elderhood assistant ! Subscribe to our mailing list  to get the articles delivered straight to your inbox. FAQ How is CPF money distributed after death? With nomination, it will be distributed based on your nomination. Without nomination, it will be distributed based on intestacy laws. Can I make a will to direct who will inherit my CPF monies? No. You can only nominate if you want to decide who to receive your CPF monies. Your will does not cover your CPF assets. Will nominated CPF be distributed in cash or to CPF accounts? CPF monies will be distributed in cash to the nominees. Discounted Singtel Shares can be sold and transferred in cash or transferred to the nominee's CDP account. Does my estate need to refund the CPF savings used to buy property after I pass away? No, there is no need to refund the CPF savings used to purchase the property. The property or sale proceeds will be distributed as part of your estate. Disclaimer: Nothing in this article or site should be construed as providing legal advice or advice of any sort. The information provided are general in nature and may become inaccurate over time. Please consult a professional  for advice. For any issues or queries, please contact j@immortalize.io .

People between 18-24 years old are more likely to have spoken openly and comfortably about death with their friends and family compared to people who are older, according to a report by Farewill, a will writing and funeral provider in the United Kingdom, looking at attitudes towards death and how they’ve changed. Key highlights: 74% of people between 18-24 years old in the survey said they speak openly and comfortably about death with their friends and family, compared with 64% for people age 25 and above A third of people said the Covid-19 pandemic made them talk more openly about death, yet people still struggle to open up conversations as they find the topic morbid and negative Gen Zs were most likely to speak openly about death because of the pandemic and are less likely to say that death is morbid and makes them feel sad A third of people said they want their funeral to feel like a celebration of life. Only 14% wanted a traditional funeral. *Note: The report was conducted with people in the UK. All articles and resources  > Immortalize  is an Elderhood marketplace and information provider. We make planning and executing your plans for ageing, retirement, legacy and everything elderhood-related simple, easy and comprehensive! Let us give you a quick summary of what you need to know to help kick start your elderhood planning journey! Disclaimer: Nothing in this article or site should be construed as providing legal advice or advice of any sort. The information provided are general in nature and may become inaccurate over time. Please consult a professional  for advice. For any issues or queries, please contact j@immortalize.io .

How to decide who to give my inheritance to? Beneficiaries are people or organizations that will receive your inheritance . Here are some considerations to decide who to include as beneficiaries in your will or estate planning : Who are dependent on you? They could be your spouse, children, parents, grandparents, pets and others. Are there some causes or charity that you would like to support? Should I include my parents, grandparents and others who’s more likely to pass away before me in my will? You can if you want to make sure they are taken care of. Remember to include instructions on what happens if the intended beneficiaries pass away before you. Some online wills such as CreateWills allow you to give an intended beneficiary's share to another beneficiary or redistribute among the existing beneficiaries should the intended beneficiary pass away before you. For more specific requests, make sure to speak to a lawyer. You can easily find, compare pricing and book a lawyer immediately on Immortalize Marketplace . What is the best way to divide inheritance? Generally speaking, after someone passes away, the family will have to go through the probate process to get a grant of probate or grant of letters of administration from the court to officially distribute the deceased assets. In the absence of the will, the distribution goes by intestacy law , which is a default set of rules to distribute your assets. (Read more on intestacy law here .) With a will, distribution will follow what’s stated in your will. Regardless of whether you are using an online will, lawyer or will writing company, you will need to decide how to distribute to your beneficiaries. There are generally two ways to distribute. By percentage - Allocate a percentage of your estate to each beneficiary. Specific gift + residual gift - Allocate specific assets to beneficiaries and give the residual estate (whatever remains), in percentages, to beneficiaries. What are the pros and cons of giving inheritance in percentages? Distributing your property in percentages is usually the easiest and what most people think is the fairest. While being the most convenient, distributing in percentages can have its own problems too. When distributing in percentages, what usually happens is that beneficiaries will end up co-owning the assets together. For example, when several people inherit a property together, there may be issues. Beneficiaries may have to pay stamp duty to transfer to one another, or dispute may arise when the co-inheritors disagree on how to deal with the property, such as whether to sell the property now or wait till a better time when the valuation is higher. One way to potentially mitigate the issue is the use of clauses in wills which gives executor powers to sell the property and distribute the proceeds, or distribute as appropriate and compensate the difference. What are the pros and cons of allocating specific gifts in wills? Specific gifts come in handy when you want to attain certain goals. An example would be if you have a child that’s more dependent on your property than others, such as the case of a special needs child. You can allocate the property to the more dependent child and allocate other assets to the remaining beneficiaries, such as a life insurance policy, to ensure fairness. The downside is that if you distribute specific assets, like a property, to a particular beneficiary, the value may fluctuate and the beneficiary may get more or less than you intended. If you no longer own the asset and forget to update your will, the beneficiary may end up with nothing or less. Writing a will can be easy but the thought process towards deriving your ideal outcome isn't as straightforward. Regardless of whether you decide to write your own will or seek professional help, you can find the providers, compare their pricing and discover discounts on  Immortalize Marketplace . It's FREE to use! Who can be an executor? An executor is someone whom you appoint in a will to help you carry out your instructions in the will and manage and distribute your estate after you pass away. Below are some legal requirements on who can be an executor: Not an infant While the law doesn't explicitly prohibit minors from being executors, there are legal limitations for minors when it comes to dealing with contracts. Selecting someone who is 21 years old and above would make more sense. Has mental capacity Not a bankrupt The executor will need permission from the High Court if he/she is a bankrupt. How to choose your executor? There are two options for choosing an executor: Appoint someone who you know and trust (eg. family member, relative, friend) Hire a professional executor - you can find a list of firms who offer professional executor service here . Usually, people will appoint one or two executors (normally up to four) with the choice of substitute executors in case the main executors can’t fulfill their duties. If you decide to have more than one main executor, state in your will whether you want the executors to decide on matters individually or jointly, eg., all executors have to agree before matters can proceed. Your executor can also be your beneficiary but do note that the executor may use the power to benefit himself or herself, to the exclusion of the other beneficiaries. So make sure you appoint someone you trust. If you have minor beneficiaries, you may want to consider appointing at least 2 executors. If there is only one executor and the executor is not a trust company, the Court may appoint one or more personal representatives for the minor's (eg. person below 21 years of age) best interest. Read more: You Are Chosen As A Will's Executor. Now What? - Step-by-Step Guide On What To Do What Happens To My Stuff When I Die? (Singapore Edition) Guide To Making a Will - Singapore Edition Online will vs Lawyer vs Will Writing Company - Which to Choose? All About Probate & Administration (Singapore Edition) Still undecided on who should be the executor of your will? All articles and resources  > Immortalize  is an Elderhood marketplace and information provider. We make planning and executing your plans for ageing, retirement, legacy and everything elderhood-related simple, easy and comprehensive! Find a professional, compare prices, and kickstart your estate planning Disclaimer: Nothing in this article or site should be construed as providing legal advice or advice of any sort. The information provided are general in nature and may become inaccurate over time. Please consult a professional  for advice. For any issues or queries, please contact j@immortalize.io .

Singapore may consider implementing property gains tax or inheritance tax to curb wealth inequality, according to the Straits Times , citing Ravi Menon, the nation's central bank chief. Key highlights: Wealth inequality may worsen over time if price increases in private housing consistently outstrip that in public housing May make sense to shift Singapore's tax structure from taxing income towards taxing wealth to promote an inclusive society Both property gains tax and inheritance tax are currently not imposed in Singapore Ravi Menon cautioned that taxing wealth has not worked well in many countries, citing the example of 12 European countries that levied wealth tax in 1990 and by 2018, 8 out of the 12 countries had abandoned the tax because of high administrative costs, risk of capital flight and failure to meet redistributive goals "This is not necessarily a reason for not imposing a wealth tax but a strong caution that designing a good wealth tax is not a trivial exercise," the news outlet cites Menon as saying * Note: Singapore abolished its inheritance tax or estate duty in 2008. * Ravi Menon is the managing director of the Monetary Authority of Singapore Link to the Straits Times' article: https://www.straitstimes.com/singapore/politics/mas-chief-says-wealth-tax-could-tackle-wealth-inequality-in-singapore Read more: What Happens To My Stuff When I Die? (Singapore Edition) All About Probate & Administration (Singapore Edition) Property & Inheritance All articles and resources  > Immortalize  is an Elderhood marketplace and information provider. We make planning and executing your plans for ageing, retirement, legacy and everything elderhood-related simple, easy and comprehensive! Find a professional, compare prices, and kickstart your estate planning Disclaimer: Nothing in this article or site should be construed as providing legal advice or advice of any sort. The information provided are general in nature and may become inaccurate over time. Please consult a professional  for advice. For any issues or queries, please contact j@immortalize.io .

Recently buzzing in the news are stories of Britney Spears’s struggle with conservatorship. But what exactly is it and what’s happening there? In the United States, a conservatorship, also known as a legal guardianship, is granted by a court for individuals who are unable to make their own decisions, like those with dementia or other mental illnesses. In simple language, if you can’t make your own decisions, the court will choose someone to make decisions for you. In Singapore, a similar concept exists and it’s called deputyship . When the court appoints the “guardian” for you, the “guardian” is your deputy . In Britney’s case, she was under conservatorship helmed by her father, Jamie Spears, since 2008 after several public meltdowns. Since then, her father has control over decisions regarding Britney’s money, work and life. In June 2021, Britney officially asked the court to end her conservatorship, saying, in short, her conservatorship is “abusive” and she just wants her life back. The story is still unfolding and there’s always two sides to the story. But one thing we learned – pick your own guardians while you still can. In Singapore, you, your parents and your loved ones can achieve just that by doing a Lasting Power of Attorney - a document that allows you to appoint your preferred "guardian". You never know when you may get into an accident, or lose mental capacity. By doing your Lasting Power of Attorney , you can avoid having someone you don't want to manage your finances and personal affairs, and prevent your loved ones from having to fight it out in court. Find out more about how to do your Lasting Power of Attorney here: Demystifying Lasting Power of Attorney (Singapore) - Explaining in Common People language Still undecided about writing a Muslim Will? All articles and resources  > Immortalize  is an Elderhood marketplace and information provider. We make planning and executing your plans for ageing, retirement, legacy and everything elderhood-related simple, easy and comprehensive! Find a professional, compare prices, and kickstart your estate planning Disclaimer: Nothing in this article or site should be construed as providing legal advice or advice of any sort. The information provided are general in nature and may become inaccurate over time. Please consult a professional  for advice. For any issues or queries, please contact j@immortalize.io .

Inheritance can be very different not just in different countries, but also for different religions. In Singapore, Muslims and non-Muslims are subjected to different sets of inheritance law. If you are a non-Muslim, when you die, your money and other assets will be distributed based on your valid will or in the absence of a will, based on Singapore’s intestacy law . Read more: Intestacy in Singapore For Muslims, the distribution will be based on Faraid , or Muslim inheritance law. With a valid will, up to 1/3 of your estate can be distributed to non-Faraid beneficiaries. (Note: This article is intended for Muslims in Singapore. Check out What Happens to My Stuff When I Die? (Singapore Edition) for non-Muslims) Who's a Muslim? According to the Administration of Muslim Law Act ("AMLA") , a "Muslim" is a person who professes the religion of Islam and if you are a Muslim domiciled in Singapore, Muslim law applies to you. What is Faraid? Faraid is the Islamic law on inheritance and deals with how a deceased Muslim’s assets are distributed. Faraid is under AMLA and the Syariah Court in Singapore manages it. Under AMLA, the Majlis Ugama Islam Singapura (" Muis"), also known as the Islamic Religious Council of Singapore, is a statutory body that advises on all Islam matters and looks after the Muslim community in Singapore. How your assets will be distributed under Faraid depends on your family composition. For example, a son gets twice the share of daughter and in the absence of what’s considered a male heir (eg. son or uncle), a portion of the estate will be given to Baitulmal, or in simpler terms, given to the Muslim community. (We'll discuss more about Baitulmal in a later section of this article.) If you want a rough idea of how your assets will be divided amongst beneficiaries , you can use the online trial inheritance calculator . But to get an absolute calculation, you must get an Inheritance Certificate from the Syariah Court , which you can apply online through their website. Here is a step-by-step guide on how to apply for an Inheritance Certificate. You are allowed to will away a maximum of 1/3 of your entire estate to non-Faraid beneficiaries. If you have a Muslim will ( Wasiat) , your executor (the person you appoint to distribute your assets) will need to go to court to get a grant of probate before distributing your assets according to your will. The rest will be distributed under the Faraid. If you don’t have a Muslim will, your next-of-kin will first need to be appointed as an administrator (the person the court approves to distribute your assets), get a grant of letters of administration , and your assets will be given out based on the Faraid. Why Do Muslims Need a Will? If the Faraid has already decided for me, why do I still need to have a will? A will can be used to distribute assets to non-Faraid beneficiaries, such as a non-Muslim spouse, an adopted child, charity or friends. See related articles: Muslim Estate Distribution Bias for Men , Online Wills Can Help Disadvantaged Muslims Here are some advantages of writing a Muslim will: What Makes a Muslim Will Valid ? A valid non-Muslim will has these main requirements: You must be 21 years old or above and it must be in writing Witnessed and signed in front of two adults (to ensure that you have a sound mind) Witnesses cannot be beneficiaries or spouses of beneficiaries For a Muslim will to be valid, according to Muis , there are additional requirements such as: The will has to be witnessed by at least 2 male Muslim adults The beneficiaries can only be non-Faraid beneficiaries The purposes must be permissible by Islamic law These are just some of the key rules to keep in mind, but we encourage you to find a lawyer who is familiar with Syariah law to make sure your Muslim will is valid. Find and compare lawyers that can deal with Muslim law at Immortalize Marketplace . What is Baitulmal? Baitulmal, administered by Muis, is the institution that acts as a trustee for the Muslims. It looks after assets from which members of the Muslim public could benefit from. All or part of your estate may go to Baitulmal if, for example, There are no rightful beneficiaries No one claims your estate You have no male heir Not Everything Falls Under Faraid Faraid and Muslim will only applies after a person’s death. During one’s lifetime, a Muslim can give to whoever he/she wants. If you plan in advance, there are tools available that can help you better protect the interest of your family and loved ones. Here is a list of some Muis-suggested alternative estate planning tools that you can use: Hibah - Gift given out while you’re alive. CPF and insurance nomination - Treated as gifts. Your CPF and insurance will be distributed based on your nomination after you pass away. Without nomination, they will go to your estate and be distributed based on Faraid. Joint Tenancy - For properties held under joint tenancy, the right of survivorship applies and the surviving owner gets 100% of the property when a co-owner passes away. Deed of Family Arrangement - A legal document that can allow beneficiaries of an estate to alter the distribution made under the will or intestacy laws. There are many other known instruments such as a trust, Nuzriah or Hibah Ruqbah. Please consult a lawyer who is familiar with Syariah law on what's most suitable for your circumstances. Find and compare lawyers that can deal with Muslim law at Immortalize Marketplace . What is the Probate and Administration Process like for Muslims? Before your executor or next-of-kin can process your assets, they will have to go through a legal process called probate and administration to get a grant from the court that gives them official rights to manage and distribute your possessions. Muslims and non-Muslims go through a very similar probate and administration process. Read more: Probate & Administration (Singapore Edition) The key difference between Muslims and non-Muslim's probate and administration process is that a Muslim executor/administrator has to first get an Inheritance Certificate, indicating who are the beneficiaries and how many shares of the estate each beneficiary is entitled to. Read more: What Happens To My Stuff When I Die? (Singapore Edition) How Does Muslim Inheritance Work in Singapore? Guide To Making a Will - Singapore Edition How to Choose Beneficiary, Executor in My Will? Online will vs Lawyer vs Will Writing Company - Which to Choose? How To Find The Right Lawyer For My Will? Still undecided about writing a Muslim Will? All articles and resources  > Immortalize  is an Elderhood marketplace and information provider. We make planning and executing your plans for ageing, retirement, legacy and everything elderhood-related simple, easy and comprehensive! Find a professional, compare prices, and kickstart your estate planning Disclaimer: Nothing in this article or site should be construed as providing legal advice or advice of any sort. The information provided are general in nature and may become inaccurate over time. Please consult a professional  for advice. For any issues or queries, please contact j@immortalize.io .

There are many roboadvisors in Singapore and across the world that you can choose from. What's the difference between them and how should you decide which one to use? In Part 2 (Part 1 here ) of Immortalize's chat with Samuel Rhee , Chairman and Chief Investment Officer at digital advisory platform Endowus , we discussed the key tenets of roboadvisors and issues with some of such providers in Asia. Highlights: Providing advice to the masses, easy to use and low costs are key tenets of roboadvisors Some "roboadvisors" in Asia are essentially fund managers with no prior experience and a marketing gimmick Active management generally underperforms and not the right way for an individual to invest long term Q: Can you tell us more about the roboadvisory part of Endowus? Rhee: I want to separate us from other so called “roboadvisors”. (Roboadvisors are online platforms that provide automated, algorithm-based financial planning services. The roboadvisor collects information from clients about their financial situation and future goals through an online survey and then uses the data to offer advice and automatically invest client's money) We bring advice to the masses, we have great UX (user experience) and low costs, and these are the key tenets of some roboadvisors. More importantly, Endowus gives the masses access to institutional funds, ESG (Environmental, Social and Governance) funds and other great investment options that were previously not available or accessible for individual retail investors. Related article: Secret To Investing Like Sovereign Funds - Don't Pay High Fees: Endowus What a lot of roboadvisors in Asia are doing wrong is that they ended up becoming a fund manager, actively allocating assets and the costs are still really high. Q: Let me get this right. There is a spectrum of “roboadvisors”. On one end, it’s like a fund of funds where they actively allocate to funds and other assets using some indicators and then on the other end, it’s like an automated financial advisor and you lie on this side of the spectrum? Rhee: Yes, it’s all about advice and we are what's called a digital independent financial adviser. It's not just about choosing a financial advisor; it is more important to choose a fee-only advisor so that the advisor is not inclined to push funds that will pay them the highest fees. When you're selling a product, financial advisors should be providing a holistic assessment of personal financial situation. And that's what we hope to do. We don't get paid by anybody except the individual investor. Fee Rebate 100% of the trailer fees (fees paid to salesperson by the fund manager) that we receive are rebated back to the customer. We don't keep a single cent and we offer a flat fee to the client for the advice and services that we provide. This is the clean and transparent way to do business, it's the best way to do it, the right way to do it and is how it is done in the US and other developed markets. Quant Funds Many of these Asian roboadvisors say, “We have an algorithm that's going to beat the market,” and none of them have ever managed client assets before and a lot of these “roboadvisors” are not doing too well these days versus if you had a passive asset allocation like with Endowus. What all this in finance is called ‘quant’. It’s been around for decades. There are massive and amazing quant investors like Renaissance Technologies and Two Sigma . They have supercomputers and massive algorithms, and they try to beat the market. Marketing Gimmick? What these other roboadvisors have is an unproven product that is not generating returns. Also, when global fund managers like PIMCO and Blackrock can do this better, why would you want to give money to these robos who have no prior experience? They just package it in a marketing gimmick to sell it to gullible retail investors at a high cost. There's no robo, there's no advice, and so it really is a misnomer. Active vs Passive Investing It is very difficult to beat the market and history has proven that active management generally underperforms and it's not the right way for the individual to invest. We espouse a very passive strategic asset allocation and investment framework. We offer the advice, access and low costs, and we build portfolios for you with one click. We also have a fund platform where we offer the lowest cost access to funds. The way to look at us is that we’re a digital private bank or a digital independent financial advisor that you don't have to wait until you have $10 million to go to be serviced. You can start with $1,000 in Endowus now and get the same high-quality advice, access, and cost. It is a cheaper and better experience. Easy CPF Investing We make investment easy, have the lowest cost and we are the only platform that can do CPF, cash and SRS, which is all the money that exist in Singapore for an individual. For CPF, we are the first and only digital advisor approved by the CPF Board. [CPF, or Central Provident Fund, is Singapore's mandatory social security savings scheme. SRS, or Supplementary Retirement Scheme, is a voluntary scheme to encourage individuals to save over and above their CPF savings .] Q: Let’s talk about your unique selling point starting with CPF. You are the only roboadvisor that can do CPF now. How long do you think you can hold the ‘only you can do CPF’ title? Rhee: We don't want to be the only and we don't mind if others come in. It's just that we're the only ones that invested a lot of money with 20 engineers to really want to solve this problem. Investing Without Guarantees We're the ones who are committed to making that change happen, and it was without any kind of certainties. CPF board didn't guarantee us anything. We had to interact with various government agencies through the process, such as the Ministry of Manpower, CPF, MAS (Monetary Authority of Singapore) and other government bodies. We went through all of that for two years and invested millions of dollars in a technology platform that may not even be used. We went out there on a limb to solve this problem that we thought was critical to the future of this society and this country. Q: But once you open the floodgate, isn’t it a lot easier for competitors to come in and offer CPF investing? Rhee: That's what you would think, but two years later, we’re still the only one. The reason is simple and it’s because of the technology step. It’s really easy to do cash, meaning, you get clients’ money, you give it to an executing brokerage, they execute in the market and you're done. Automating Layers of Transactions For us, we have to deal with the investment agent bank, CPF board, investment administrator, custodian, settlement and funds. Everybody comes together and it's like five layers of transactions, and it's a much more onerous process. There has to be a purpose-built tech stack and you cannot use a cash tech stack to do CPF. That's why even the biggest banks still can’t do this. That's the biggest problem with financial service and incumbent companies. If it is not easy money, they're not willing to make an investment. Q: Let’s move on to fees, which is your other unique selling point. Is this going to be your mantra going forward? If someone copies Endowus and offer lower fees, will you match the fees? Rhee: No, we have to run a business and we are here to build a lasting business. (Sorry, we tried to ask. ;) ) We're already the cheapest. There's a reason why we place the cost there because we think that is a lasting lowest cost price. The reason why others are not matching is because they don't think they can get there, or they want to make more money. We're at that threshold where we're not just about making money. There is a purpose driven mission here that we are trying to solve. A Promise Made We are willing to price it at a level that we think makes most sense and won’t be affected by others. It's our own cost structure versus our own long-term plan. If we execute on that long term plan, we will turn profitable at this level. What we promise is that if it makes sense for us and clients, when we have more scale and become more cost efficient, we can lower costs. (There's hope!) Fund Fads We don't want to be the people who may do well for a short while and then disappear. And this happens in the fund management industry all the time. Funds live and die through cycles, like fads, and when they disappear, fund managers get rid of it, launch a new fund, and move on. Q: Who designs the portfolios on your platform? Rhee: We're not actively tactically asset allocating. We don't have an algorithm that keeps churning the portfolio to try to get better returns and beat the market – and eventually fail as statistically most active manager underperforms. Some robos have launched with a fund strategy and then due to poor performance, they pulled the fund and no longer offer it. We have a very different philosophy and what we're doing is trying to bring passive, broad-based strategic asset allocation to the portfolio. All the portfolios are designed by me, the Chief Investment Officer, and the team in the Endowus Investment Office. We use algorithms to optimize and re-balance the portfolio optimally. We use algorithms to do transactions and all the online things but it's not to beat the market, it's to make it efficient and enhance outcomes, and lower cost. Q: Under what circumstances will Endowus re-balance the portfolio? Rhee: When the portfolio diverges away from the strategic asset allocation by more than 10%, or whatever the optimal threshold is. The rebalancing usually happens less than one time a year. For example, in March 2020, the equity market fell first. If you were in a 60-40 portfolio, 60% equity and 40% bonds, your bonds held up relatively well and equities fell, we would have re-balanced by selling your bond and buying your equity, back to the target allocation. Then what happened was equity kept falling and bonds fell just as much in that second leg. At that time the weight wouldn't have shifted. After that, equity rebounded massively and bonds rebounded a little, so that re-balancing algorithm worked beautifully, because you would have made that shift, and you would have benefited from that. This interview has been edited for length. Immortalize X Endowus Collab Sign up for an Endowus account here and get $20 off your access fees! Back to Part 1: Secret To Investing Like Sovereign Funds - Don't Pay High Fees > All articles and resources > Immortalize  is an Elderhood marketplace and information provider. We make planning and executing your plans for ageing, retirement, legacy and everything elderhood-related simple, easy and comprehensive! Speak to our team now and let us give you a quick summary of what you need to know to help kick start your elderhood planning journey! Disclaimer: Nothing in this article or site should be construed as providing legal advice or advice of any sort. The information provided are general in nature and may become inaccurate over time. Please consult a professional for advice. For any issues or queries, please contact j@immortalize.io .

Starting Nov. 14, 2022, individuals will need to make their Lasting Power of Attorney (LPA) , a legal document that gives people powers to make decisions for you if you lose mental capacity, online through the Office of Public Guardian Online (OPGO) portal . The new system uses Singpass to log in and sign off, which means the convenience of having personal details prefilled for you and your donees (the people whom you are giving powers to make decisions for you). You can view the LPA online anytime and share your LPA with people you trust. If you lose your mental capacity, your donees can also share your LPA with third party agencies to facilitate transactions on your behalf. The downside of the new system? Your donees need to have Singpass. Without it, it's back to hard copy applications, which may be accepted under exceptional circumstances and subjected to the Public Guardian's approval. Key thing to note: While the application process has been made easier, the certification process - where a certificate issuer (CI) ensures that you have mental capacity, understands the powers that you are giving and not undue influence - can vary. Some CIs require donees to be present during signing while others don't, according to Immortalize database. Click here for a list of CIs on Immortalize Marketplace who can certify your LPA. You can check out their procedures, pricing, and book an appointment with them immediately. Need a suggestion? Speak to us now. Chat with us now here , email us at j@immortalize.io , or leave your contact details here and we will reach out to you. Want to get your elderhood-related documents such as Will , Advance Medical Directive (AMD) , and Advance Care Plan (ACP) done? Reach out and we'll help you get all these matters sorted. All articles and resources > Disclaimer: Nothing in this article or site should be construed as providing legal advice or advice of any sort. The information provided are general in nature and may become inaccurate over time. Please consult a professional for advice. For any issues or queries, please contact j@immortalize.io .