Search Results
76 results found with an empty search
- Online Wills Vs Seeking Lawyer’s Advice: Chong Yue-En
Closet songwriter that uses music to influence, Yue-En’s interest resonates with his style as a lawyer - creative, personable, and straightforward. Unlike countries such as Australia, Singapore doesn’t have many lawyers that focus solely on estate planning (that is not just for the rich) and Chong Yue-En, managing director at Bethel Chambers LLC, is one of the rare ones. We spoke to Yue-En to understand why some lawyers would rather not write wills for clients and the benefits of going to a lawyer for estate planning advice. Name: Chong Yue-En Company: Bethel Chambers LLC Estate Planning Specialization: Mental Capacity Base Country: Singapore Service Style: Creative, Straightforward, Personable Something interesting: Closet song writer Q: Can you tell me more about yourself? Why did you decide to go to law school? Chong: I actually didn’t want to go to law school. My childhood ambition was to be a newspaper reporter. I love human interest stories. When I was six, I remembered reading the newspaper and seeing a feature on socially disadvantaged family. A week later, there was an update that said, “Thank you for $100,000 fund raised for the family”. I was like “Wow, I want to be a newspaper reporter, I can save the world”. But I didn’t make it to journalism school. I randomly applied to law school and got in. Q: You graduated from law school and ended up focusing on will drafting, mental capacity and the likes. Why? I’ve had a lawyer who told me that he would avoid doing wills for clients if he can because there’s a huge liability and you don’t make much. With so many online wills out there, why should people go to a lawyer? Chong: Lawyers are at the short end of the stick when it comes to will drafting because we have a high standard that we need to adhere to. If something goes wrong, we will be responsible and liable. We get sued and will lose our license. Our whole career will be at stake. As lawyers, we are always getting ourselves up-to-date with the most recent contested wills and trusts cases in Singapore and around the world. As such, when lawyers draft wills, we draft it in the most litigation-proof way possible. We don’t want to be sued. We don’t want to be witnesses on the witness stand. We think of every single possibility that could go wrong. We question anything suspicious when it comes to getting instructions from the testator ( the person making the will ). We have legal ethics and the court have given us many guidelines that we have to follow. Justification Fatigue It is precisely because of the above that some lawyers don’t want to do wills for clients. These days, there is a lot of confusion in the market on the pricing of wills. You see banks offering free wills templates. You see people offering $99 wills. Too many people come to lawyers demanding to know why lawyers are ‘so expensive’. We are quite tired of having to constantly justify our prices and existence, so the path of least resistance is to not do the wills work. There is just too much liability, for too little appreciation and a lack of understanding. For clarity, those wills templates that are sold for under a $100, it is framed as a suggested template. You are responsible if anything goes wrong. The Guiding Hand That said, the reason why I still do wills work is because I know the importance of properly guiding a person through the process of thinking about how he/she wishes to plan their legacies. When a person comes into my office, I will be questioning what the person wants and see whether it is legal. For example, the person says he wants to will his share of the apartment to his child. Then I will ask in what manner does he hold the apartment. Is it joint tenancy or tenancy-in-common? If he says joint tenancy, then I will tell him he can’t will the apartment to his child because the other person in the joint tenancy will take over the whole apartment when he passes away because of the rule of survivorship. This is just one of the many questions that I would ask, after which, I would present to them options on how they wish to ensure that their wishes are upheld. Q: The other thing that you do is the Lasting Power of Attorney (“LPA”)? I understand that I can submit an LPA myself. Why do I need to go to a lawyer? [LPA allows you to appoint people to make decisions on your behalf if you lose mental capacity, ie, can’t make decisions for yourself. LPA form 1 is a standard template and has to be certified by either an accredited doctor, a psychiatrist or a lawyer. LPA form 2 allows for customization but must be drafted by a lawyer. See more here .] Chong: The value of lawyers in guiding you through a LPA is that as litigation lawyers, we are aware of the pitfalls and dangers that a LPA donee ( the person you pick to make decisions for you ) would face, having fought to protect the donees and the decisions that they made from others who might wish to sue them and to get them revoked as LPA donees. We are aware of the different scenarios that are happening and what the consequences are. The question isn’t so much about the LPA form itself, but what happens if your family members start disputing the powers given to the people on the LPA. That’s when you look for a lawyer to help you think through if LPA form 1 is sufficient for your purposes. If you have any questions in this regard, the doctors and psychiatrists aren’t going to be able to advise you on the law and what happens in court. Q: What about LPA form 2? Can you give me an example of when it’s used? Chong: Take business continuity planning for example. If you are a sole proprietor or a small business owner, you may need the business to feed your family but may not want to appoint your partner to manage the business. Using a LPA form 2, you can appoint someone else to manage your business affairs, in case you lose mental capacity. Q: How much does an LPA 2 costs? Chong: The lawyer’s hourly rate. Q: Is there a benchmark? Are we looking at $50,000 range or a few hundred dollars range? Chong: I would imagine that if it goes up to even $10,000, you probably need a team of lawyers because your LPA is so complex. It’s more likely in the range of about $2,000-$4,000. Q: Let’s move on to international assets and in the context of Singapore, concurrent wills, another of your specialty. What’s so special about it compared to a normal will? Chong: Concurrent wills involve preparing a separate will for each country that you have assets in and have it written in a way that fits the local system. For example, if your domicile is in England, English law applies to you and that includes your apartment in Singapore. If you have an English will, you take up the court proceedings in England and then have it resealed in Singapore. Resealing is the process of having Singapore’s High Court recognize the foreign grant of probate ( The person executing a will have to get a grant of probate before being able to legally distribute a deceased’s asset ). Need for Concurrent Wills If you have had a Singapore will instead, theoretically, you can just proceed with a standard grant of probate application in the Singapore Family Justice Court. This saves time and money. However, there are problems when there are forced heirship rules in foreign countries as well as laws that extend beyond the deceased’s country into other countries where the deceased has assets. As such, for concurrent wills, there is a need to engage two lawyers, a lawyer in your home country that can advise on estate and tax law that your home country would impose on foreign assets as well as a lawyer like myself in Singapore. Q: What’s interesting about you? Chong: In my free time, I like to write songs. Q: A lawyer that write songs? Why? Chong: I find that writing songs allows me to get in touch with my inner self. To express myself on issues that I really feel for. Writing songs is also about self-reflecting. My dream is to encourage people around me to live more self-reflective lives, to be leaving in peace with one another and to have much joy, so that the world can be a much better place. Q: What kind of songs do you write? Chong: Mainly Christian songs. But really for my own enjoyment. I don’t publish the songs. Q: What’s the purpose of your music? To inspire? Chong: Music allows for a lot of self-awareness and self-reflection. Music has a way of going straight to the soul and words in the music stays with you. It allows you to go on a journey with the songwriter. When you go on that journey, you don’t just see things the songwriter wants you to see, but also things beyond that as well. That’s the life that music brings to people. Q: Can you write a song about estate planning? Write about mental capacity and estate planning. Make all these seemingly boring topics interesting? Chong: I think that is a great idea! Songs can convey ideas and meanings in a gentler way. Let’s see what I get inspired to write! This interview has been edited for length. Read more: Lasting Power of Attorney (LPA) in Singapore What Happens To My Stuff When I Die? (Singapore Edition) Guide To Making a Will - Singapore Edition How To Find The Right Lawyer For My Will? Online will vs Lawyer vs Will Writing Company - Which to Choose? Want to find out more about whether this lawyer is suitable for you? Back to profile interviews > 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! 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
- HDB Limits May Mean You Shouldn’t Give Your Flat To Your Kids: Low Seow Ling
(Please note that Low Seow Ling is now Managing Director at EMRE Legal LLC . This interview was conducted when Seow Ling was a director at Eden Law) An experienced lawyer who believes in giving practical advice. Focusing on families with special needs, Low Seow Ling, an associate director at low bono-focused law firm, Eden Law Corporation, spoke to Immortalize about estate planning for people with special needs, such as those with dementia and mental disability, as well as the implications of HDB regulations on leaving your flat to your kids. Name: Low Seow Ling Company: Eden Law Corporation Estate Planning Specialization: Professional Donees and Deputyships Base Country: Singapore Service Style: All-encompassing, empathetic, practical Something interesting: Loves photographing insects. Participated in the making of a film about a family with a child with additional needs and their family struggles Q: What is a typical client or target group? Low: Our typical clients are usually from low and middle income families. Many of my clients are Chinese-speaking. Q: What is your estate planning specialization? What are the typical issues that your clients come to you for? Low: I handle a range of estate planning matters like deputyship and will writing, but my heart lies with families with special needs members such as children or elderly with intellectual disabilities or dementia. Typically, I write wills for them. I always encourage them to at least have a will because it is a very practical and useful estate planning tool that pre-empt the possible problems after their passing. I also encourage them to set up a special needs trust fund (a more affordable trust for people with special needs. See www.sntc.org.sg ) I consider myself to be the project manager for their estate planning needs. I handle their basic legal requirements and then direct them to other places as required (e.g. SNTC for special needs trust funds, insurance professionals for certain types of insurance policies). Professional Deputyship Because I'm a professional deputy , I receive enquiries from families that have family members with special needs as they are concerned about having a professional take care of their family members after their deaths. For such families, I assist them with the best estate planning solutions from my experience so that the member with special needs can enjoy the benefits but at the same time be protected if someone else is managing the asset. Q: How much do you charge for professional deputyship? Low: My charges are generally based on the person’s asset. The person with no mental capacity is the one who is paying. The person who comes to us just helps to manage things. For example, in one of my cases, I have a client who’s a destitute but has some money in the bank. In this case, I charge a fixed fee because I know it's just dealing with bank accounts. Ultimately, it’s based on time cost, but for example, if this elderly has probably five more years to live and I calculate that based on her assets, she only has less than $1,000 to spend, then I might not charge her that much because I would want her to have enough money to spend. Q: So sweet. So you charge based on people’s ability to pay? Low: Those who can pay, we charge. Those who can’t, we help and I’ll adjust according to what I feel is alright charging. That’s basically the mission of our firm. Q: Can you tell me more about your background? Why did you make the decision to go into this part of law, especially when it’s not the most lucrative area of law. Low: I was from a neighborhood school, so I’m not your typical lawyer from elite schools. Growing up, I had always wanted to be a lawyer because I was inspired by watching lawyers on TV dramas. In terms of family background, I feel that I am quite privileged because my family is complete and is financially stable. I have friends who struggle with family issues, especially when their family members pass away, so I am very aware of my privilege. These are the reasons why I am a lawyer, so that I would have the knowledge and power to help others less fortunate than me. Q: So the corporate side, the money side never entices you at all? Low: When I was growing up, my parents always told me “you have to do something that you like” instead of “you have to get a good job”. Their priorities were different. My idea of success isn’t defined by how much money I earn but instead by whether I can do something meaningful and contribute to society. After junior college, I had the opportunity to go back to my secondary school as a teaching assistant. I taught students from Normal Technical and Normal Academic streams where a lot of students were affected by their family situations. Knowledge Is Power It wasn’t that they couldn’t or didn’t want to study, but they were affected by their environment. I got to know them, and found out that some of their parents were in prison or they had a complicated family history. I felt that as a lawyer, I could use my knowledge and skills to help make their families’ and children’s lives better. Q: But why this law firm? I know your firm focuses on low bono, which isn’t very common in Singapore. (Pro bono is where lawyer help low income people for free. Low bono are for people who don’t qualify for pro bono assistance but can’t pay normal legal fees.) Low: I entered law school, graduated, and looked for a firm that did pro bono work. I soon realized that some law firms only did pro bono work for branding purposes and little actual help was rendered to their pro bono clients. I ended up joining an ex-colleague in her new law firm with the idea of providing real legal help to underserved communities in Singapore, both pro bono and low bono work and not just for show. Struggles of Altruism When we first started, it was very flexible. When we saw clients in need of financial help, we charged less or did work for free. But we soon realized that this model wasn’t sustainable so over the years we fine-tuned it. We learned along the way how to differentiate between clients who are really poor, and people who have means but just don’t want to spend their money and rely on freebies. Q: Let’s focus on wills for a bit. What’s your view on online wills and will companies? Low: I don’t have an issue with will companies but what people don’t realize is that lawyers are legally trained and must maintain professional standards. We will be sued for negligence if we render the wrong legal advice. If you decide to use a will company, you may be assisted by someone with more general knowledge about wills than you but they are not allowed to give legal advice. You cannot hold them accountable for their wrong advice. Doing a will isn’t as simple as inserting names and IC numbers in a standard form. If this is what you want, you might as well DIY online without any legal advice and without the assistance of a will company. Special Needs Members The group that I care for are families with special needs members. You can’t just say you want to divide your assets 50-50 and it’s not as easy as just giving money to the person because the special needs person will not be able to manage your financial gift. There’s more planning involved, and you need legal advice on the consequences of your actions and to see if there’s a better way of arranging your estate that can help you save money while maintaining safeguards for the person with no mental capacity. For example, a family may have three children where one has special needs. The parents might say “my other children will take care this sibling with special needs”. But you have to think about your other children. You can’t say that just because the two of them don’t have special needs, it’s their responsibility to take care of the one with special needs. Love Or Duty? I help them think of ways to still involve the siblings but to lighten the siblings’ burden. It’s not to say that the child with special needs is a burden, but having to take care of someone not because you chose to but because your parents say you have to, this isn’t fair to the siblings as well. Even if your kids say they love their special needs sibling, later on, their other half may say that they don’t want to be financially burdened. It’s a lot more complicated than people think. Q: And you charge $400 for this? (Low previously mentioned that she charges $400 for a will) Low: Many of my clients are not well to do to begin with. I don’t want them to be discouraged from planning their estates because of costs. My purpose is to help them and I don’t want to them to think that I am trying to earn their money and therefore, they don’t want to talk openly. I want to know their purpose, their family background, and why they want to do things in a certain way. I don’t want to tell them that if you add this clause, you add another $50. Then they will think that they don’t want to add anything and that defeats the purpose of doing a will. Q: That make sense. A lot of will companies or pricing models out there charges by lines or number of clauses and I find that quite deterring, having to go in not knowing how much I will end up paying. Low: For the people who can afford it, they won’t mind and they will pay for it to get proper advice. But a lot of these people who can afford are more educated and they have more information. It’s those who can’t pay that are the ones that need the advice but they don’t get it because they don’t want to pay for it. For will companies, I’ve actually seen several wills that are done wrong because they put in clauses that are not workable. It’s like buying an insurance to insure your disability but there’s so many exclusion that you won’t be able to claim. You end up paying for nothing. Q: I’ve spoken to a lawyer who said that he likes will companies, because he gets more dispute cases this way. Low: [Laughs] My aim is to reduce dispute cases. In the end, it’s about making people’s lives better. Q: What are the common issues that people or your type of clients usually don’t know they don’t know? Low: HDB flats. People don’t realize the implications of giving their HDB flats to their children. 80% of Singaporeans live in public housing so this is an important consideration. Take families with children with special needs for example. They will tell me, I want to give this HDB flat to this child because this child cannot buy a flat by themselves. I will usually raise issues such as what happens to the outstanding loan if this child cannot get a mortgage or will the child be able to manage the flat? Legally, the child cannot own the flat in his/her name unless a deputy is appointed. Or they would want to allow the child with special needs to stay in the flat but have the flat’s ownership held by other siblings. This is a trust situation that works with private property but is not allowed for HDB flats without prior approval. Q: You can’t put a HDB flat in a trust? Low: No, you can’t without prior approval from the HDB. Usually, the HDB flat is sold and the sale proceeds are distributed. But you can’t say that this HDB is given to A but for B to stay and A can’t sell until B agrees. Your flat needs to have an owner and once you give it to A, it belongs to A. You cannot have conditions attached. A lot of people don’t realize it and that’s where will companies sometimes go wrong. Q: What about those without special needs kids? Low: Same thing. Usually, they have one HDB flat. For example, they wish to give the HDB to their kids and then I will ask them if their kids want to buy their own HDB. You cannot say that you give the flat to all of them, but it turns out that one of them owns a HDB flat and the other is single. Then your single child will have to pay your other child to retain the flat. Or your child receives your flat first but later on, they want to buy their own flat and they will lose their first home ownership benefits. These are the issues that arise because of the restrictions that HDB has. Q: Let’s talk about Covid-19. Have you seen an increase in people seeking estate planning advice or are there any interesting cases? Low: In the height of the Covid pandemic, there were terminally ill people in hospital who wanted to do their will. I couldn’t help them because a will requires two witnesses but only one visitor is allowed. Unless the doctor or someone else is willing to be a witness, I can’t witness the signing on my own. In the end, I told them to go online to DIY their will and get a visitor who is a friend and another person to witness for them. For these cases, they are on the brink of passing on and they just want to have something done. I can’t do it because I need to talk to the client and make sure that I do my job properly. A lot of them they came to us through their family members and usually that’s not very safe because you don’t know whether the family members are biased and whether the instructions are accurate. Q: Tell me something interesting about you. What do you do during your free time? Low: I like photography and I participated in the production of a film on the side. My teacher’s husband is a writer and he wrote a film about a family with an autistic child and their family struggles. It’s like an indie film and everyone is just doing it in their free time. Q: What kind of photos do you take? Do you publish these? Low: Mostly sceneries and street photography. I don’t publish them. It’s just for my own enjoyment and happiness. To me, it’s more of noticing the things around me. I take a lot of small things like insects and sometimes I caption them, depending on whether I get inspiration. Sometimes the caption is what I think the insect is thinking. Or my feelings. I have some on Instagram but most of it are for my own enjoyment. Ultimately, it’s about appreciating the things around us. Like finding the beauty in small things. This interview has been edited for length. Want to find out more about whether this lawyer is suitable for you? Back to profile interviews > 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! 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
- Ways to Protect Your Firm From Creditors: Lee Soo Chye
(Please note that Lee Soo Chye is now Managing Director at Oaks Legal LLC . This interview was conducted when Soo Chye was a Managing Partner at Wee Swee Teow LLP ) “He LOVES local food”. That was the immediate response we got when we asked Soo Chye’s team what’s interesting about him. Among the many lawyers we've met (some of whom are really obnoxious), this comment aptly describes Soo Chye’s style as a lawyer – down-to-earth, relatable and practical. As the Singapore government pushes for more entrepreneurs in the island nation, we spoke to Lee Soo Chye, a partner at Singapore law firm Wee Swee Teow LLP and an expert in succession planning for businesses, on the pros and cons of trust structures and estate planning for business owners. Name: Lee Soo Chye Company: Wee Swee Teow LLP Estate Planning Specialization: Succession planning Base Country: Singapore Service Style: Practical, relatable, professional Something interesting: Loves eating local food at hawker centers Q: What kind of estate planning work do you do? Lee: Succession planning. Succession planning isn’t just about wealth planning, it is also about how the client’s business can continue after them. Most of our clients in this space are those who have been with us for a while. We will share with them the need for succession planning, but they may not see the importance at that time. When they do see it, they want to move fast. Q: How lucrative is the estate advisory, succession planning portion out of all the things that you do? Lee: We don’t think of estate advisory and succession planning as a lucrative practice. If you measure it that way, I must say that it’s not very lucrative based on the amount of time we spend on such matters. The primary driver for us in offering these services is that we hope our clients’ businesses, which they have built over their lifetime, can continue after them, if that is their wish. It’s very sad to see a business doing well but not being able to continue after the client passes away just because they didn’t plan for succession. Q: That means you offer succession planning as a complement to your greater offerings? Lee: Over time, it may become a primary service that we provide. Q: Why? Are there any trends that are helping this industry? Lee: People are getting richer and family situations are becoming more complicated. Many businesses now have cross-border jurisdictional issues and for many individuals, their assets aren’t just in Singapore, but also overseas. Where estate duties imposed are substantial, you need to think about how to divest the legal ownership of your assets. In some countries, estate duties can be as much as 40 percent. Many Singaporeans don’t look at what structures they should use to hold the overseas assets. Cross-jurisdictional Issues Going forward, as businesses become more sophisticated, business owners will need to think about appropriate structures. For example, we have a client where some of the overseas businesses are held in the name of locals as per local regulatory requirements. In this case, we need to think about what has to be done to address risks associated with that. Also, there are some jurisdictions that don’t recognize trusts. For example, in Indonesia, you can’t subject Indonesian assets into a trust. In this case, we need to explore alternatives to meet the clients’ objectives. Invariably, this requires us to work with other professionals (both in and outside the legal industry and with our Indonesian counterparts). That’s where it gets more exciting. Q: What is a typical client for you for estate planning? Lee: The SMEs (small and mid-size enterprises) or the “towkays” (business owners) with businesses in Singapore and overseas. Q: How much does it cost to do succession planning? I understand it depends on the complexity and other factors but is there a range? Lee: We phase the services. The first part is advisory. Don’t spend too much on it. It will usually take four to six hours so about SG$4,000 and we usually suggest a cap. After determining what the client really needs, we’ll explore the different structures that may be appropriate for the client. This will take a bit more time. Once we decide on the most appropriate structure, the next phase would be the implementation phase and the cost of this phase depends on how complicated the structure is. Drafting and advising on a trust can cost between SG$10,000-SG$30,000. It’s a one-time fee for us. There are also other structures like foundations which may be considered. In the trust structure for such business owners, we usually recommend that the trust companies be appointed as trustees. They typically charge an annual management fee based on a percentage of the assets under management. For larger estates, we would usually recommend working with bank-based trustees. However, for certain kind of assets, boutique trustees may be more appropriate. Q: This trust business is significantly more profitable, no wonder everyone is fighting for this business. Lee: For us as lawyers, we mainly advise clients. We don’t sell any ‘product’ (maybe the money is in the product sales). Given the nature of the clients and the work involved, much time is required to walk this journey with the client. Over the years, I have also learnt that clients need to first realize and understand the importance of succession planning, and to desire to get it done. Sometimes, it can take years before they are ready to embark on succession planning. There was a client whom we walked with for several years without progress in this area, and only when certain incidents happened did he decide to embark on the plan, which then moved quickly. For me, a lot of time is spent on helping clients crystallize their thoughts and goals on succession planning. Q: Well, that’s because the cost is a bit deterring isn’t it? Lee: Cost is usually not an issue for clients who need this type of advice. At one level, you should consider such structures if your assets are substantial and there are specific goals that can only be achieved through such structures. Most of these tools, like a trust, requires them to give up legal control. Many business owners have to get past this question – “If I am a successful business owner, why would I want to give up control?” Q: Trust is popular in countries like Australia and less so in places like Singapore. Why is that the case? Lee: In Australia, there is tax considerations in adopting a trust structure. In Singapore, a trust is more for protection - protection against creditors, protection against your next generation spending the money, etc. Q: Besides the costs, what are downsides of having a trust? Lee: Once you put assets into the trust, you can’t take the assets back, unless it’s a revocable trust. But for a revocable trust, sometimes there is no real protection. Typically, the creditors can still go after the assets in a revocable trust. The other type of trust is an irrevocable trust. It will be more difficult for creditors to go after the trust assets in an irrevocable trust. Q: Is there a way irrevocable trust can be revoked? Lee: There are certain circumstances when this can happen, but I wouldn’t call it revoking the trust. It’s more about dismantling the trust. For example, beneficiaries of such trust can come together to agree on dismantling the trust in certain situations. This interview has been edited for length. Back to profile interviews > 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! 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 .
- Building a Strong Legacy: Using Trusts to Secure Family Businesses for Generations to Come
In the estate planning realm, trusts have long been recognized for their ability to provide flexibility, control, and various benefits such as optimizing taxes and protecting assets from creditors. However, trusts can also play a crucial role in avoiding family disputes, particularly when multiple family members are involved in a family business, according to Matt Richards, Founder of Watiga Trust Ltd . In our conversation with Richards, we explored the diverse type of trusts available to families seeking to safeguard their assets for future generations. Name: Matt Richards (Founder/Managing Director of Watiga Trust Ltd) Company: Watiga Trust Ltd. Estate Planning Specialization: Trusts Base Country: Singapore Service Style: Personalized, white glove, bespoke Anything Interesting: Enthusiastic Marathoner Q: Can you tell me more about yourself? Why did you choose to study law and how did you start your company, Watiga? Richards: I am an Australian, but I have been living in Singapore since 1999. Law is very interesting to me because there are many layers in it. It is the rules that people agree that their community needs to live within and abide by. And there are many fields available for people who study law – they don’t have to just be a traditional lawyer, but can use their skills and understanding gained from the study of law in many professional fields. Before setting up Watiga, I was a general counsel and head of legal and compliance of a private equity fund. I had a lot of transactional experience and had to deal with trustees (people managing trusts ). During that time, I felt that there could be more efficient and effective ways that trusteeship can be done. In 2012, I set up Watiga, and while doing work with trustees in some corporate finance transactions, I realized that there were not many homegrown Singapore-based corporate finance-focused trustees. I thought that this represented an opportunity in the market that we could fill, and so went on to assemble a team that focuses on trust solutions for corporates and investors. Watiga Trust became licensed by the Monetary Authority of Singapore in 2016. Our move into legacy and wealth planning trust solutions came out of a need from our clients. As we worked with our clients, many of whom are fund managers and business entrepreneurs, on their corporate finance transactions, we realized that they are also in need of traditional trust solutions for their personal affairs, as much as their corporate needs. Q: What’s the difference between Watiga and other trust companies? Richards: I think that different trust companies have different advantages. For us, our advantage is that through the Watiga platform, we can facilitate the underlying commercial transaction that our clients wish to undertake. We understand the underlying investment activities, we know how to do transactions, mergers and acquisitions (M&A) and financings, and how private equity and venture capital funds work. We’re able to deal with, account for, handle the paperwork, and handle the inflows and outflows of monies in alternative investment structures. We’re here to think alongside our clients and come up with solutions with them for situations that others may find too difficult to deal with. Filling in the Gap For example, on the corporate side, we can fill in the gap by assessing client and transaction risks and then (if acceptable) taking on those mandates that bank-based trustees might not be able to do because of their internal policy reasons. Some bank-backed trustees prefer to not have operating companies into their trusts due to liability management considerations for the bank such as risk of loss in the operating company, transaction monitoring considerations, or director liability. In this case, people may consider engaging non-bank backed trust companies like ours. As long as we have the visibility, comfort and confidence in the whole company structure, we can be the trustee of a family trust that holds these operating companies. Trustees have transaction monitoring requirements for anti-money laundering purposes and so, it is necessary for the trustee to have visibility of what is actually happening in terms of fund flows and underlying transactions. We should also note that even in the trusts that we set-up, our clients do continue to maintain their liquid investment portfolios, like stocks, bonds, mutual funds, etc., at private or commercial banks, and also continue to interact with their existing relationship manager or private bank. We do not unsettle the client’s existing banking relationship. It is just that the trustee is Watiga, rather than the bank itself, acting as trustee where the assets are held. Q: What kind of trust services do you provide? Richards: We provide the usual services such as trust establishment, drafting of trust deeds, trust accounting and distributions, and tax reporting – basically all the necessary things that professional trustees do to deal with trusts. Some less commonly known trust services that we provide are successor (or replacement) trustee and trustee administrator services. Successor or replacement trustee service is when for example, a client couldn’t work things out with their bank trustee. We can sign a deed of replacement with them, take over the trust and become the replacement trustee. The trust (and the underlying assets in the trust) continues, it is just that the trustee, which is the legal owner of the assets, has changed. Trustee administrator services may be relevant when families want to set up their own company and act as the trustees for their own trust, also known as a private trust company (PTC). For this type of setup, where they are not appointing another company to be their professional trustee, Singapore has a regulatory requirement that they have to appoint a licensed trust company to be their trust administrator for anti-money laundering purposes. Even though the family are board members of the trust and may have more control over its structure, having a licensed and reputable institution as a trust administrator can monitor and make sure that the trust is compliant with the regulatory requirements. Q: We have talked a lot about trusts but why do people need/set up trusts? Richards: There are many types of trusts and each has their own purpose. For example, a family trust is a type of trust that families use to pass on wealth to future generations, a charitable trust is a trust for charity donation purposes, unit trusts are for pooling investor funds together, and so on. When a family business involves multiple family members, people can use a trust to avoid family disputes. For example, a family business that involves four children, but the father or mother is actually the one holding all the company shares in their name. Instead of dividing the shareholding into four 25% blocks to all four of their children, the parent can put the shares into a trust so that the ownership stays consolidated, even after that parent’s passing. This way, the parent doesn’t have to worry about things like what happens if one of the siblings wants to sell his shares to someone not within the family after the parent passes away. Some families also want to ensure that the assets only pass down to their own descendants through the generations, and not be at risk of third parties marrying into the family and then taking family assets in a matrimonial dispute context. Want to know whether you need a trust? Speak to Watiga here to find out. Q: You mentioned unit trust, something that people may not be so familiar with. Can you explain what is a unit trust? Richards: A unit trust is a trust for people who want to pool investor monies together. It is solely used for investment purposes. You can think of it as a very simplified mutual fund, private equity fund or venture capital fund. For example, you have an opportunity to buy a real estate (such as a shophouse) and you need $8 million to do this, but you don’t have enough money. You gather some family and friends, and each of you put in different amounts into this unit trust. Each fund contributor will own the trust in “units” based on their contribution. When enough money is collected, the trustee of this unit trust will do the transaction and sign the purchase agreement. Q: What is the difference between a unit trust and an investment holding company? Richards: The difference between a unit trust and an investment holding company is that a unit trust has less administrative work, may help save money and can also be a more flexible vehicle without the share capital or dividend restrictions of an investment holding company. Governing Structure First, instead of having a shareholder agreement to govern how people hold shares of a company, it is a trust deed, where you hold units and can have different economic arrangements among investors. For example, the lead arranger or sponsor of the transaction may get a higher return from the investment than other passive investors. These instructions that different profits may go to particular unit holders can be written into the trust deed. Just like shares in a private company, units can be sold or transferred, subject to limitations in the trust deed and compliance with regulatory restrictions. Any decision making can also be done by voting among the holders of the unit trust or it can be delegated to a sponsor or the trustee. Administrative and Privacy Benefits Second, for an investment holding company, someone will still have to be responsible for maintaining the company and doing all the accounting, taxes, and filings. If it is a Singapore company, you have to go through all the compliance requirements, Accounting and Corporate Regulatory Authority (ACRA) registration and submitting annual accounts to authorities. With a unit trust, the trustee will usually be the one who’s going to take care of the structure. Even though accounting still needs to be done so there’s accountability to unit trust holders, these accounts do not need to be publicly lodged, and the identity of the investors is also confidentially maintained by the trustee. Third, creating a unit trust with a licensed institution can assure you that the trustee will follow instructions on what is written in the trust deed, will comply with regulations and transactions are properly handled (including with respect to compliance with “know your counterparty” regulatory requirements). Can be Cheaper Lastly, sometimes unit trusts can be cheaper than an investment holding company, but the cost depends on the underlying assets that a trust company holds and administers. The more you put into the unit trust, the more bookkeeping, custodizing, and accounting for, which means more time and effort that needs to be put in to manage the trust. Q: Can you give us a ballpark of how much does a unit trust cost? Richards: Our charge can be based on a percentage of assets or it can be a fixed annual retainer fee with additional time costs for ad-hoc portfolio activity. We estimate at the outset the time needed to administer the trust and the underlying assets. Feeling overwhelmed about the different types of trusts? Reach out to Watiga to learn about their offerings here . Q: Any upcoming rules or trends that you see that might drive more people to potentially consider trust? Richards: We are definitely seeing some client activity where people are migrating their offshore structures from traditional places such as the British Virgin Islands (BVI), Cayman Islands and Seychelles, to places like Singapore, due to increasing compliance cost of maintaining those offshore companies. Singapore has also introduced a relatively new corporate structure called the Variable Capital Company (VCC) to promote re-domiciliation of investment funds back to Singapore by providing better operational flexibility. VCCs are very attractive and families are starting to use VCCs for various reasons including for legacy planning and wealth management purposes. Q: Any interesting hobbies or interests? Richards: I like to run long distance, especially when overseas. I have done over ten full marathons and many several dozen half marathons so far. We have a running group that we go out most weekends here in Singapore, it is called the Crystal Skull Running Group ( laughs! ). This interview has been edited for length. Back to profile interviews > All articles and resources > FAQs What is a trust? A trust is legal arrangement between a trustor, someone who sets up a trust, and a trustee, a person/entity who manages the assets on behalf of a beneficiary or beneficiaries. Do I need a trust? Deciding whether you need to set up a trust depends on various factors, including your specific circumstances, goals, and financial situation. It is also essential to consider the costs and complexities associated with setting up and maintaining a trust. It is recommended to consult a professional to discuss your unique situation and determine whether a trust is appropriate for you. Speak to Watiga here to inquire more. 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 .
- China's New Tax Rule - Bloomberg
A revised tax code that saw rich Chinese rushing to shelter trillions of assets and income in overseas trusts is hitting the news again. The new rule - intended to lower the burden on the poor and the middle class by making the rich pay more - took effect in 2019. Chinese citizens have been obliged to pay taxes on their global income for many years. But for those working abroad, it hadn’t been generally enforced. In January this year, Chinese authorities issued instructions on how to comply with the tax law while abroad -- a move that caught many Chinese expats off guard. Read more: Why China’s New Tax Rules Worry Bankers in Hong Kong - Bloomberg How does this new rule affect estate planning? We're looking to feature experts on this topic. Please reach out to j@immortalize.io if you have an interesting view to share! 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 .
- HK Gay Couple Challenges Inheritance Laws, SCMP Reports
Key Points: - Same sex marriage is not legal in Hong Kong - Case involves a gay couple who registered their marriage in London but property owned is in Hong Kong - Current law does not recognize foreign same-sex marriage and thus, partner won’t be able to inherit estate in the absence of a will, won’t be entitled to first priority in obtaining grant to the administration and others - Case still ongoing (For more information: https://www.scmp.com/news/hong-kong/law-and-crime/article/3086395/lawyers-gay-homeowner-call-his-husband-be-given-equal ) We’re looking to feature experts and stories on LGBT+ estate planning issues, especially in countries where same sex marriage isn’t recognized. If you specialize in LGBT+ estate planning or have such stories/experiences to share, do drop us a note and we’ll reach out! Like or share this post to help us spread the word so we can help the community find the right help. Thank you! Read more: What Happens To My Stuff When I Die? (Singapore Edition) Guide To Making a Will - Singapore Edition All About Probate & Administration (Singapore Edition) 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 .
- Australia Allows Electronic Witnessing... Temporarily
Following the need for isolation during the Covid-19 pandemic, Australia is allowing witnessing to be done through audio visual means. This might seem like nothing in today's world where it is becoming common to see school kids taking notes on their e-tablets, but in the legal industry where many procedures are still dependent on paper and pen, this is a BIG breakthrough. Finally, welcome to 2020......! Wills, Power of Attorney and other documents will be impacted. We've selected some reader-friendly and informative articles for those who are interested in the details. Different states in Australia have different rules on electronic witnessing. For a great, concise summary on developments in each state, read: State by State – Electronic Witnessing during COVID-19 by Donna Benge and Samuel Morphett, Piper Alderman Other selected helpful reads: Electronic Witnessing Of Documents Under COVID-19 by Lucy Hartland and Sylvie Tso, Spruson & Ferguson Lawyers Key takeaway - " The Regulation does not create new provisions governing the way a document may be signed. Therefore, if, for example the document is a deed......, it will be necessary to have a wet signature rather than an electronic one." COVID-19 and Temporary Updates to Electronic Signing by Felicity Saxon, Corrs Chambers Westgarth Key takeaway - Summary of what documents can and cannot be electronically signed and impact of the new rule on these documents Read more: 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? Demystifying Lasting Power of Attorney (Singapore Edition) All About Probate & Administration (Singapore Edition) 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 .
- Unsung Heroes: Luo Ling Ling, RHTLaw Asia
The unsung heroes series is our way of highlighting outstanding estate planning/execution-related individuals to the general public. For our first ever unsung heroes post, we are featuring Luo Ling Ling, a partner at RHT Law Asia that deals with a range of legal work including probate and administration. " From sharing a one-room rental flat to being dismissed from her job, life hasn’t been kind to Luo Ling Ling. But she refused to give up or give in. For nearly a decade, the full-time lawyer has chosen to give back, sacrificing time with her four children to take on pro bono cases for clients facing capital charges......." --- Credits: Ministry of Law, Singapore https://www.linkedin.com/posts/minlawsg_probonopassion-activity-6649152033410646016-Gwbm 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 .
- COVID-19 is causing a surge in number of people seeking to write their Will - CNBC
https://www.cnbc.com/2020/03/25/coronavirus-pandemic-triggers-rush-by-americans-to-make-online-wills.html One week we are all out working and enjoying the outdoors. The next week we're all asked to stay home. Have you thought abou t what happens to your estate (assets) and loved ones if the worst case scenario happens? Immortalize will be tapping on our influencer and expert network to help the public better understand how to plan for a sudden death. Below are some topics we have in mind. Let us know your questions and we will try to get them answered. Stay safe and healthy! Read more: 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? Compare Will providers and How to Choose the Right One 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 .
- OECD Proposes New Rules For Crypto Exchange To Report Customer Holdings To Governments
The G20 group of countries, under the guidance of the Organisation for Economic Co-operation and Development (OECD), may require crypto-asset exchanges to report customers' aggregate investments and transactions to national governments for tax transparency and information sharing purposes, according to STEP . Key highlights: OECD warns that as crypto-assets can be transferred and held without the intervention of traditional financial intermediaries, and without any central authority having full knowledge of the transactions or the holdings, crypto-assets can be exploited to undermine international tax transparency initiatives. In 2020, G20 group of countries asked the OECD to develop a framework for the automatic exchange of information on crypto-assets. The first draft, called the Crypto-Asset Reporting Framework (CARF), has now been issued for further consultation. CARF’s plan aims to ensure that individuals and entities that provide business services to exchange crypto-assets apply standard due-diligence procedures to identify their customers and then report the aggregate values of the exchanges and transfers for these customers annually. The OECD also proposes to extend the Common Reporting Standard scope to cover electronic money products, central bank digital currencies and indirect investments in crypto-assets through investment entities and derivatives. Link to the STEP article: https://www.step.org/industry-news/oecd-proposes-new-crypto-asset-reporting-tax-transparency-rules Read more: What Happens To My Stuff When I Die? (Singapore Edition) All About Probate & Administration (Singapore Edition) M ore articles and resources > Immortalize Primers help you plan, research, manage and do anything to make your elderhood, spanning from retirement to your legacy, spectacular. Chat with a Primer now to help kick-start your elderhood journey with ease now! 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 .
- CPF & Your Retirement Forum 2021 - Key Takeaways
The forum, organized by PreceptsGroup International and EPPL Digital , touches on ways to invest and grow your CPF funds for your spectacular retirement life . Immortalize, an official media partner, sat through 12 hours of the webinar, listening to speakers from CPF Board, Endowus and DBS Bank, to bring you the most interesting and the key things you definitely need to know about CPF and your retirement. The event was held on Sep. 25 - 26, 2021. If you missed the webinar, here are the replays! Highlights from selected speakers: Georgina Gao, Assistant Director, CPF Board Most people whom she did survey with think that they will live till 80+ years old. But statistics show that 6 out of 10 people will live beyond 90. Note: Average mortality in Singapore is about 81 years old for men and 86 years old for women. This means that about 1 in 2 of us are going to live past 80+. As you grow older, the probability of living above the average increases, according to Lena Teng, Head of Solutions at MoneyOwl Pte Ltd. , who also spoke at the event. Immortalize commentary : The new mid-life is now ~50 years old! What do you think you will be doing at 90? Will you have enough money? Key consideration for old age are "If I spend too much, I might not have enough if I live too long. But if I spend too little, I’m depriving myself from enjoying my savings." What is the return on CPF accounts? The minimum rate of return you will get from Ordinary Account is 2.5% p.a., Special Account 4%, MediSave Account 4% and Retirement Account 4%. There are circumstances where you can get higher returns. Distribution of CPF monies after you pass away is not covered by your will. You will need to nominate who to receive your CPF monies after you pass away. In the absence of nomination, distribution will be based on intestacy laws, amount received by recipients are fixed, administrative fee will be charged by Public Trustee Office and the process can take up to 6 months Related: What Happens To My Stuff When I Die? (Singapore Edition) Your CPF savings cannot be included in your will to protect your savings from creditor claims What are covered (and not covered) by your CPF nomination? Covered - Ordinary Account, Special Account, MediSave, Retirement Account, unused CPF life premiums (if any) and discounted Singtel shares Not covered - Properties bought using your CPF savings, payouts from Dependents Protection Scheme and investments under CPF investment Scheme Ooi Sen Tee, Relationship Manager, PreceptsGroup International What are the potential problems with CPF nomination? No control on when to pay out Young nominees receive at age 18; Minor nominees’ needs are compromised Lump sum payout Results in squandering, prey to scammers, distraction, wrongful attention No substitute nominees If the nominee do not survive before you, the CPF savings will follow intestacy law No protection from nominees’ creditors If nominees is a bankrupt or facing creditors’ claim, CPF savings is not protected A potential solution to resolve issues that may arise from CPF nomination is the use of a CPF-specific trust. PreceptsGroup has introduced a new platform and digital trust, called ProviTrust, to help the masses overcome the issues that may arise from CPF nomination at a relatively low cost Related: CPF Money - Should You Nominate Your Kids Or Spouse Directly? Salim M. Amin, CEO, Avallis Financial There are 3 phases in our retirement affecting our expenditure pattern Active phase Doing what we have always wanted, travelling, outdoor activities, etc. Passive phase Slower pace activities, indoor hobbies, family-oriented Reliant phase Consolidation time, focus on sustenance of health level When can I retire? Generally, it can depend on your age, whether your kids have grown up, your health and your employer. An indicator would be “when I can afford not to earn an income and yet be able to pay for my expenses to the things I want to do for the rest of my life.” Immortalize commentary : Given that we don't know when we will live till, one way to make sure we have constant income after we stop working is to have enough to purchase an annuity. Annuity products generally pays out a sum of money each year/month that can help you cope with expenses after you stop working. There are many types of annuity products but most of them require commitment. Speak to many financial advisors before you commit to any! [Note: Immortalize has created a financial consultant marketplace where you can compare financial advisors and book them instantly to have a casual chat. The marketplace is still in beta mode but make sure to check back for more!] How does a 3 generation annuity plan work? Take up a life annuity on the life of a child with the father as a proposer and assign it to the grandfather Have a will or trust done to transfer the life annuity to the father on the death of the grandfather Include in the father’s will to transfer the life annuity to the child on his death (optional if a trust was done by the grandfather) What are the mistakes to avoid in retirement planning? Leveraging your retirement plans Plan to leave something behind when you don’t have enough for yourself Hope for unrealistic investment returns Put all your eggs in 1 basket Think that you can manage your investment for life Think that you can depend on others Lim Kim Hong, Lawyer, Kim & Co. What are the implications of divorce on CPF? CPF monies is a form of matrimonial assets, which means it may be divided upon a divorce Divorce does not revoke CPF nomination Ng Wai Mun, Senior Assistant Director, Insolvency & Public Trustee’s Office With a will, the Public Trustee Office will hold monies for minor beneficiaries until they turn 18 Without a will, monies will be withheld until the minor beneficiaries turn 21 Samuel Rhee, Chairman and Chief Investment Officer, Endowus People hesitate to invest their CPF monies because of fear of volatility. When investing long-term, focusing on recent performance is a myopic perspective. The longer you invest, the greater the chance of outperforming the CPF ordinary account rate (CPF Ordinary Account has a guaranteed return of at least 2.5%) Time decay of risk - The longer you invest, the more stable the returns You should demand a higher return or lower risk if you are locking your investment for long period of time You need an investment strategy that is holistic and diversified, with a certainty of outcomes that you can reach your goals with a high probability of success Related: Don't Choose a Roboadvisor That Tells You It Will Beat the Market: Endowus Secret To Investing Like Sovereign Funds - Don't Pay High Fees: Endowus M ore 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! 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. 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 .
- How Can I Maximize the Payout From CPF LIFE?
CPF LIFE is Singapore's national longevity insurance annuity scheme. In Part 1 & 2 of our CPF LIFE series, we explained how CPF LIFE works and why CPF LIFE is better than its predecessor, Retirement Sum Scheme and other private annuities when it comes to hedging longevity risk - the risk of you outliving your economic resources. Related: CPF LIFE - Best Gift From The Singapore Government? CPF LIFE, Retirement Sum Scheme or Private Annuity? Which is Better? As good as it may be, there is a limit to how much you can get from CPF LIFE. In part 3 of this CPF LIFE series, we'll look at how we can maximize the payout from CPF LIFE to help negate the cost of ageing. Strategy to maximize CPF LIFE payout A lot of whether you should and how to maximize payout from CPF LIFE depends on the tradeoff between enjoying the money now and protecting against longevity risk. In determining the strategy to maximize payout from CPF LIFE, we are going to make two major assumptions. Assumptions At the time when you make your decision, (1) Extra money is good to have but you don't really need the money in the near future; and (2) You are going to try to live healthy for longer and thus, hedging longevity risk is the key priority when it comes to CPF LIFE. These assumptions are critical to our discussion on maximizing CPF LIFE payout. If you need the money for survival or more important priorities at the point in time when you are making your decision, maximizing CPF LIFE payout - a benefit that you will only get in future, may not be the best decision. Given the assumptions, here are some factors that you can control to maximize your payouts. Defer payout Choose escalating plan Aim for the CPF LIFE premium cap We will explain each of these in turn. Should I defer my CPF LIFE payout? Yes. When you reach 65 years old, you can choose to start payout or defer till up to 70 years old. For each year that you defer, your payouts will increase by up to 7%. This means that if you choose to defer until age 70, your payouts will increase by up to 35%. The tradeoff or what you are giving up for the higher payouts are: (1) 5 years worth of payout; and (2) a higher payout that has less value today (time value of money) Given the assumptions (you don't need money now and hedging longevity risk is key), deferring will payoff in the long run. It's a gamble but probably a gamble you have some control over and worth aiming for. CPF LIFE: Should I choose Standard Plan or Escalating Plan? Choose Escalating Plan if you can . Here's a refresher: Standard Plan - Fixed/Same payout every month Escalating Plan - Payout that increases by 2% every year Given the inflationary environment now, you should have experienced a noticeable increase in price of your favorite chicken rice or noticed that that plate of chicken rice has now shrunk significantly in size compared to a few years back. While CPF LIFE's Escalating Plan and its 2% increase in payout is not a full-proof protection against inflation, it helps. The tradeoff of choosing Escalating Plan over Standard Plan is that initially, you will get a smaller monthly payout. But because your payout under Escalating Plan increases 2% every year, at a certain point, the payout under Escalating Plan will exceed the constant payout from the Standard Plan. What Is The Maximum Amount I Can Put In CPF LIFE? In short, the cap on CPF LIFE premium is the Enhanced Retirement Sum (ERS) and any accrued interest . What this means is that in order to put in the maximum amount of premium for CPF LIFE, you need to have the ERS when you are 55 years old and let it grow . Here's the detailed explanation. As a working adult in Singapore, your CPF will have the Ordinary Account (OA), Special Account (SA) and MediSave Account (MA). When you turn 55, a Retirement Account (RA) will be created and you will need to set aside a retirement sum in your RA. The retirement sum you need to set aside is determined when you turn 55 and is fixed for life. Once the retirement sum is set, the money is transferred from your SA, followed by OA, to the RA and you can use the amount you have in the RA to join CPF LIFE. How much retirement sum needs to or can be transferred depends on several factors and this is where we need to introduce the Basic Retirement Sum (BRS), Full Retirement Sum (FRS), and Enhanced Retirement Sum (ERS). Note: FRS = 2 times BRS ERS = 3 times BRS If you own a property that can last you up to 95 years old, you can choose to set aside the BRS. BRS is meant to provide you with monthly payouts during your retirement that cover basic living expenses. You can check out how BRS is calculated here . In 2022, BRS is set at $96,000 and you can find the full table here . *Note: It is not compulsory for you to set aside the BRS and you do not need to top up the shortfall with cash or sell your property for the BRS. You will just get payouts (if any) from the existing amount in your RA. If you don't own a property or wish to receive higher monthly payouts, you can choose to set aside up to FRS, which is 2 times of BRS, from your SA/OA. If you wish to put more in your RA and receive even higher payout, you can choose to top up (in cash and/or via CPF transfers) your RA to the ERS amount, which is 3 times of BRS. See more information on top ups here . Note: Your FRS is fixed whereas your ERS, the maximum you can top up, increases to the prevailing ERS every year. CPF LIFE premium floor & cap The prevailing ERS plus any accumulated interested in your RA is the maximum amount of CPF savings that you can use to join CPF LIFE. There is no minimum required amount to join CPF LIFE. The key trick to maximizing CPF LIFE payouts What this really means is that in order for you to put in the maximum amount for CPF LIFE allowed by the government, you have to have the prevailing ERS at 55 years old and let it accumulate interest. At the same time, you should, if you can, top up whenever ERS increases to fully capitalize on the interest that can be earned. You can't wait till you are 70 years old to put in the ERS + interest because the maximum that the government allow s you to top up for your RA is to the prevailing ERS. Note: Matched Retirement Savings Scheme If you are a senior and your RA has less than the BRS, the government may match your top up to up to S$600 a year. The Scheme, which aims to help senior Singaporeans who have yet to reach the current BRS save more for retirement, was introduced in 2021 and will last for at least 5 years. Check here for your eligibility. Click here more information on the scheme. Can I top up CPF LIFE after I have started payout? Yes. There is no age limit for making or receiving (from your family) top-up. You can continue to top up as long as you have available top up limit . Top up limit = Current ERS - Your RA savings Your RA savings = Cash set aside in RA (excluding interest earned, government grants) + Amount withdrawn (eg monthly payout, lump sum withdrawal at an eligible age) You can also find your top up limit in your CPF Retirement Dashboard . Conclusion on maximizing CPF LIFE payout In summary, in order to maximize your CPF LIFE payout, you should: Try to have the Enhanced Retirement Sum (ERS) in your RA when you are 55 years old; Top up annually when the ERS increases; Defer your payouts till 70 years old; and Choose Escalating Plan for your CPF LIFE payouts, if you can But wait! I am deferring my gratification now to protect my old age. What if I fall sick and need the money? Can I get out of CPF LIFE? Can I cancel my CPF LIFE after I join? Yes but only under the following circumstances: : You have a reduced life expectancy due to a medical condition that is certified by an accredited doctor. Severe medical conditions that cause you to be permanently unfit for work or to lack mental capacity permanently can be considered. You are about to leave or have left Singapore and West Malaysia permanently with no intention of returning to Singapore for work or to live. You are a Malaysian citizen and have left Singapore permanently to live in West Malaysia. You are fully exempted from setting aside the retirement sum in your Retirement Account because you are receiving a monthly pension / annuity payout. Upon cancellation, you will receive a refund of your CPF LIFE premium balance (if any). What happens to my CPF LIFE premium if I die? When you start your CPF LIFE payout, the payouts will first be deducted from the CPF LIFE premium that you paid. If you pass away after your premium has been used up, nothing happens. If you pass away before the premium has been used up, the unused premium will be distributed to your CPF nominees or intestacy law if you haven't nominate your CPF. Related: CPF Inheritance: How It Works, Tips & More! For CPF LIFE, only the unused premium will be refunded to your beneficiaries . The interest accrued on the premium will not. This is in contrast with the Retirement Sum Scheme, where both the remaining money in your Retirement Account and the interested earned are distributed to your beneficiaries. Next: CPF Investment Scheme: How It Works, Inheritance & More Back to CPF, CPF LIFE, SRS X Inheritance Series > Back to Resource page > Immortalize is Singapore's most comprehensive elderhood marketplace and information provider. Find out all you need to know about ageing better , retiring more meaningfully and leaving a legacy that is uniquely yours here and let us help you get these sorted easily. Outsource the work and start planning for you and your family's legacy with Immortalize Prime, your personal elderhood planning assistant ! FAQs Is there a cap for CPF LIFE? Yes. The prevailing Enhanced Retirement Sum plus any accumulated interested in your Retirement Account is the maximum amount of CPF savings that you can use to join CPF LIFE. Is there a minimum amount needed for join CPF LIFE? No, there is no minimum required amount to join CPF LIFE. Are CPF LIFE payouts fixed and guaranteed? No. CPF LIFE payouts are not guaranteed, but they are designed to be stable. Any adjustments to CPF LIFE payouts are expected to be small and gradual. CPF LIFE is a self-sustaining insurance scheme where payouts are matched to premiums. Guaranteeing a minimum payout would require higher premiums. How to maximize payouts for CPF LIFE? To maximize the payouts for CPF LIFE given the assumptions (you don't need money now and hedging longevity risk is key), you should (1) have the Enhanced Retirement Sum (ERS) in your Retirement Account when you are 55 years old, (2) top up annually when the ERS increases, (3) defer your payouts till 70 years old and (4) choose Escalating Plan for your CPF LIFE payouts if you can. 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 .











