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  • Giving Your Children An Equal Inheritance in Australia May Lead to Litigation

    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

  • The Rich Use Trust to Protect Their Wealth. Now Anyone Can Too! Here’s How.

    Trusts are tools that have very much been associated with the wealthy for estate and legacy planning. For most others, this tool has largely been out of reach due to the high costs of setting up a trust and maintaining it. With standardization and the elimination of complex features, the general public can now access and afford a trust and enjoy the benefits it confers, according to Alex Ng, Deputy CEO of Metis Global (Singapore) Pte. Limited (“Metis SG”), a Singapore licensed trust company. We discussed with Alex why the general public should consider setting up a trust and how Metis SG has made trusts more affordable and accessible to the masses. Name: Alex Ng Company: Metis Global (Singapore) Pte. Limited Estate Planning Specialization: Affordable trusts for the masses Base Country: Singapore Service style: Simple, accessible and affordable Anything interesting: Bird enthusiast Q: Can you tell us about yourself and how did Metis SG come about? Alex: I have spent 25 years in the financial industry, focusing on insurance and investment products; about first half of that time with banks and next with insurance companies before joining Metis SG in early 2021. For centuries, trusts have been used by the rich to protect and transfer wealth. However, regular people who do have similar needs but just on different scales have largely been left out. Seeing the mass population being underserved on trust services, Metis SG sets out to change this perspective by making trusts affordable and accessible to regular people. Q: What are the benefits of using a trust for a normal person? Why should regular people consider the use of a trust? Alex: High-net-worth individuals (“HNW”) use trusts for various purposes including optimizing taxes, maintaining privacy, protecting their assets from creditors, and planning the distribution of their assets . Many of these purposes that we have mentioned would also be relevant to the general public in Singapore. Whether you are a HNW or not, we do have concerns over how our assets can be distributed to our loved ones safely and effectively. This is particularly so when it involves vulnerable beneficiaries, blended families, complicated relationships, and beneficiaries who are not financially prudent. There are many instances where trust can be useful for any of us, and here are some examples. Lump Sum vs Regular Payouts In Singapore, the general population accumulate their wealth from savings and investments. Upon their passing, there will be significant payouts from their insurance policies and CPF accounts. Regardless of whether one has a will or not, these monies are typically paid out in lump sums to the beneficiaries . However, this may not be optimal for vulnerable individuals, such as young children, the elderly, individuals with special needs, or those struggling with addiction; not forgetting that many people are not financially savvy with handling large amounts of money. An example would be beneficiaries of a life insurance policy payout receiving the entire $2 million all at once. Managing such a substantial sum can present challenges for some individuals. An elderly person could potentially fall victim to scams, especially prevalent in today's environment, and lose the inheritance intended to provide financial support through their old age. Inheriting a large sum of money at a young age may not be in the best interest for a minor. Individuals with addictions will most likely squander their inheritance in no time. By nominating or assigning your insurance policy, as well as, nominating your CPF monies to a trust, you can direct how the money is to be distributed by the trustee (entity appointed to manage your assets in the trust) to your beneficiaries through a document known as a "Letter of Wishes". This document, while not legally binding, will serve as a guide for the trustee. Instead of disbursing the entire sum all at once, payments can be made periodically. Such an arrangement will allow your beneficiaries to receive regular payouts from the trust instead of receiving everything in a lump sum. Insurance Policy Assignment vs Nomination When you nominate a trust as the beneficiary of your insurance policy, you retain ownership of that insurance policy during your lifetime. Only after your passing does the death benefit go into the trust and then comes under the trust’s protection. While you are still the owner of the insurance policy, potential creditors can still lay claims on its cash value, if there is any. On the other hand, the assignment of an insurance policy into a trust involves transferring the ownership of the insurance policy to the trustee. Creditors who have a valid claim against you will not be able to claim against the insurance policy as it no longer belongs to you legally. This will provide protection for both the benefits of the policy and its cash value from potential creditors. Preserving Inheritance From Unforeseen Bankruptcy A will is commonly used to deal with one’s estate after death. But what if at the time of receiving the assets from the estate , the beneficiary is an undischarged bankrupt? The executor (person in charge of executing the will) cannot withhold or delay such distribution even if he has knowledge of the beneficiary’s status. In fact, the assets will first go to the Official Assignee for settlement of any debt owed by the undischarged bankrupt beneficiary. Only the balance, if any, will then be given to this beneficiary. However, if the assets are held in a discretionary trust , they can be shielded from unexpected legal actions or creditors. The trustee has the authority and discretion to decide when and how to distribute these assets. They can choose to withhold the payment or make a judgment based on what they believe is best for the beneficiaries. For example, if only a small sum is needed to clear the beneficiary's bankruptcy, the trustee may decide to make the distribution. But if the debts exceed what the trust assets can cover, the trustee might opt to provide just enough money for the beneficiary's daily expenses or withhold any distribution until the beneficiary is discharged as bankrupt. Preserving Your Assets For Whom It Is Meant For Passing on inheritance to children of previous marriage without interference of an ex-spouse and/or the current family members can be challenging at times. The privacy that a trust can provide helps to address such sensitive matters and avoid potential disputes among loved ones. Inheritance given all at once to a married child can potentially be considered a matrimonial asset. In the event of a divorce, the child’s inheritance may have to be shared with the ex-spouse. By putting your assets in a trust, your children can receive regular payments while most of the wealth stays safe within the trust and remains within the family. High Degree of Privacy A point that is commonly overlooked by the general public is the privacy that trusts offer. When you distribute assets through a will, the details of how, who and what will be distributed are known to all beneficiaries. This can potentially lead to family disputes, which aren't necessarily tied to how much money is given to each party. Achieving what is considered a fair distribution can be challenging, as even equal shares may not seem fair to some. Very often, conflicts arise due to personal pride and ego. When family disagreements occur over money, it can permanently strain relationships. In comparison, trusts offer a much higher degree of privacy, with the trustee handling each beneficiary's affairs separately and each beneficiary may not necessarily know how much other beneficiaries have received under the trust. Conflicts are often avoided when there is no comparison as to who is getting what. Want to know if you need a trust? Gain a deeper understanding here Q: What is stopping regular people from using traditional trusts? Alex: The main obstacles are the entry requirements, including high setup fee, large amount of monies to be put into the trust, and other ongoing expenses. Traditionally, setting up a trust (besides a standby trust) is only worthwhile if you have a substantial amount of money to be placed into the trust, often around $5 million or more. These trusts are primarily designed for HNW individuals with complex financial needs and global assets. In terms of entry requirements, traditional trusts typically require an upfront fee, which can range from SG$6,000 to over SG$20,000 depending on the complexity of the trust structure. [A standby trust is a legal arrangement that remains inactive until a specific event, such as mental incapacity, disability, or death, takes place. Assets will only be transferred into the trust once it is triggered.] In addition to the initial setup fee, there are other expenses associated with establishing and managing a trust. Traditional trusts can incur maintenance fees of approximately SG$20,000 to SG$30,000 annually. Wealthy individuals often utilize trust services to customize their needs such as to administer company shares, overseas assets, and high value immovable assets and these can result in high fees. However, the general public who typically have simpler needs, may not require these services and will find the fees associated with such flexibility unnecessary. It's like comparing buying a ready-made shirt to getting a custom-tailored one. If you don't require any customization, you can simply pick a shirt off the shelf without the need for additional costs. Q: How do Metis SG Trust Plans differ from traditional trust? Alex: Metis Trust Plans are more accessible and affordable than traditional trust. No Additional Setup Fee Unlike traditional trusts which require a separate amount (few thousands of dollars) to be paid upfront as set up fees, Metis trusts have no such requirements. All contributions made by you will be placed into the trust and be invested into mutual funds of your choice. Fee and charges will then be charged through deduction of units from the investment assets over a stipulated period. Metis offers two Trust Plans: A single contribution plan (CitrinePRO), where you inject a lump sum of money (min. S$30,000) into the trust. A regular contribution plan (SapphirePRO), where you contribute some money regularly and build up your assets in the trust over time for your beneficiaries. The regular contribution starts from as low as SG$500 per month and you can choose a contribution period ranging from 5 to 30 years. Ability to Invest Money in Trust for Potential Investment Returns With Metis SG’s trust plans, monies contributed into the trust will be invested in mutual funds of your choice so that your assets in the trust have the potential to grow with time. Metis SG’s trust plan enables individuals to start their financial journey early and build their wealth under the protection of a trust. Simple & Affordable – The ‘Plan’ Part in Trust Plan Traditional trusts are bespoke in nature and are meant to cater to complex estate planning needs. Metis SG’s trust plans are standardized and packaged into “plans” to serve individuals with simpler needs. As such, the fees and charges are more budget friendly. In addition, you can also do the following for protection and future distribution by: Assigning your insurance policies into your Metis SG trust (no charges for first 3 policies); Nominating the death benefit of your insurance policies to your Metis SG trust (no charges); Nominating your CPF monies to your Metis SG trust (no charges). You (the settlor , the person who sets up the trust) have the power to add or remove beneficiaries anytime without incurring any charges. When it comes to the selection of beneficiaries, Metis SG’s Trust Plans offer 3 options: Up to 5 natural persons; or A trust company licensed by the Monetary Authority of Singapore (MAS); or A charitable organization registered with the Commissioner of Charities of Singapore. A Letter of Wishes outlines how the settlor wants the assets to be distributed. This document serves as a guideline, and trustees are not legally bound to follow its terms. Metis SG offers two distribution options and settlors can indicate their preference for either a lump sum payment or regular payments. In essence, Metis Trust Plans are designed to be simple, accessible, and affordable for individuals with a need for a simple trust solution. Want to learn more about Metis SG trust plans? Book an appointment here to inquire more now Q: What about people with more complicated needs? Alex: It really depends on the level of complexity, but the Metis SG trust plan can potentially be a part of your estate plan; be it to complement other estate planning tools or as a form of risk diversification. Q: What happens if one wants to end the Metis SG Trust Plan or if Metis SG goes bankrupt? What happens to the trusts in that case? Alex: Metis SG’s trusts are irrevocable, meaning the settlor cannot revoke the trust once the trust has been set up. However, the settlor may request the trustee to distribute the trust assets to the beneficiaries. The settlor himself can be one of the beneficiaries. The trust 'ends' once there are no longer any assets left in it. In the case of Metis SG, the trust assets are held in custody of DBS Singapore. Metis SG, as the trustee, is responsible for administering the assets in accordance with the terms of the trust for the interest of the beneficiaries. The assets in the trusts do not form part of the assets under Metis SG’s balance sheet. Should the unfortunate happen, the trust assets in custody will then be administered by an appointed trustee. Q: Anything interesting about you? Alex: I have five pet parrots; four love-birds and a hahn’s macaw. While some people walk their dogs, I fly my birds on weekends. I adore flying because of the sense of freedom it brings. In my younger days, I even applied to join the Singapore Air Force. Obviously, I did not make it then but my passion for flying led me to become a drone pilot. One day, while I was flying my drone, I stumbled upon a group of people who were enthusiastic about flying parrots. This was how I got myself into the birds flying community. Operating a drone, I have complete control but not the case with flying a parrot. The bond and the trust between my parrots and I are key in ensuring that they return safe. Seeing them chirping and happily soaring through the air is incredibly gratifying for me. Born with a pair wings, they should be given the freedom of flight. This interview has been edited for length. Back to profile interviews > All articles and resources > FAQs What are the benefits of a trust? Whether you are a high-net-worth individual or not, you can use a trust for various purposes, including optimizing taxes, maintaining privacy, protecting your assets from creditors, and safely and effectively distributing your assets to loved ones. This is particularly crucial in situations involving vulnerable beneficiaries, blended families, complicated relationships, and beneficiaries who may not be financially prudent. How much does it cost to set up a trust? To get started with a traditional trust, it requires an initial set up fee ranging from SG$6,000 to over SG$20,000 (depending on the complexity of the trust structure) and placing around $5 million or more into the trust. These trusts are mainly for high-net-worth individuals with intricate financial situations and global assets. However, there are alternative trust options in Singapore that offers accessible and affordable trust plans for normal people. Learn more about Metis SG's trust plans 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

  • Elderly & Esports: The New Remedy To Fight Dementia?

    In Singapore, 1 in 10 people  above the age of 60 suffers from dementia, and the patient number is rising. In an innovative approach to keeping the mind active and tackling dementia, we ask: Can esports, or competitive gaming, help preserve mental agility and combat cognitive decline? In our interview with Dennis Ooi, President of the Singapore Cybersports & Online Gaming Association (SCOGA), we explore the Senior GO! Esports program and the idea of getting seniors involved in esports to potentially boost mental stimulation, reduce social isolation, loneliness, and depression. Name: Dennis Ooi Company: Singapore Cybersports & Online Gaming Association (SCOGA) Retirement Experience Specialization: Cybersports & Online Gaming,   Seniors GO! Esports Program Base Country: Singapore Q: Can you tell us what motivated SCOGA to initiate and advocate for the Senior GO! Esports Program? Dennis: The Senior GO! Esports Program  is a partnership between Lien Foundation  and SCOGA. Lien Foundation approached us with the idea of exploring video games as an engaging activity for seniors, citing its fun factor, the involvement of learning, cognitive benefits, and more. SCOGA then took the lead in conducting extensive research and further developing the concept. Together, we embarked on a journey to design a program utilizing esports (competitive video games). Specifically, we focused on using the competitive video game, Counter-Strike 2 , as the main game to train a small group of seniors to play at a more competitive level. We have done a pilot program , and we hope to bring more seniors into this space to introduce them to the world of esports. Esports - Connecting Different Generations I believe that at every stage of life, we should do something that keeps us meaningfully engaged. Video games have always been a medium that typically cuts across all age groups. This is attributed to the diversity of video game types, their accessibility (for example, you can play a game on your phone nowadays, and that is very affordable), and the various genres that can appeal to different types of people and their interests. Whether it's competitive or cooperative games, farming, simulations, or city-building type games, there's something for everyone. Our program is conducted in a structured manner, for a generation that may not have had the opportunity to grow up with the joy of video games. Keeping in mind that the objective is to make this program fun and engaging while promoting happiness and health, we strongly believe that video games will become a mainstream activity in the coming years. More young seniors are entering the picture, with many seeking better connections with their grandkids, who are all digital natives today. Q: Were there any hesitations on your end when Lien Foundation first presented this proposal to you? Dennis: We did have hesitations because we had never conducted video game programs for this age group. Our primary stakeholders, audience, and customers have always been youths. However, at SCOGA and our Esports academy, we fundamentally believe that games are a multigenerational platform. When done correctly, they can foster family bonding. Moreover, there are many benefits, from cognitive to social, that can be derived from the joy and experience of playing games. The recent pandemic has highlighted the positive aspects of gaming, and there's ample data to show that, when done correctly, video games can bring out a lot of good. So yes, while the seniors are not a natural audience, today, we are proud to say that we are more open to the idea. Q: Video games may not be something older generations are familiar with. Can you explain what video games are to an elderly individual in simple terms? Dennis: I believe it's important to acknowledge that many of the elders have already been exposed to technology due to its rapid global adoption. Nowadays, those interested in learning about programs like esports for seniors are likely to own smartphones and use them for daily communication. Some may even be tech-savvy and engage in e-commerce. Therefore, I would explain video games to them similarly to how I would to anyone else: a video game is a digitally played game. It can be any game you find out there—Mahjong (available in digital versions), Candy Crush, Bejeweled—some of which are traditional games types. Even Tetris has gained popularity recently, thanks to news about people taking it very seriously. Some seniors are familiar with these games because they are legacy games from the '80s and '90s when they were working adults. Hence, they might recognize these games, even if they weren't interested in or couldn't afford them back then. So, I wouldn't explain video games differently to seniors. It is very clear that technology is here to stay and a lot of them have adopted it. Q: What potential concerns or misconceptions do you anticipate or have already experienced from the Seniors regarding Esports and how would you address them? Dennis: So far, for the seniors we have engaged, the takeaway is that they love it. We have been very fortunate that there has been no adverse pushback from seniors. That said, we also acknowledge struggles, such as motion sickness in fast-paced, first-person shooter (FPS) games. Ultimately, it is about overcoming these challenges. If they are committed to it, and we see that commitment, we want to help them overcome it. A Program Made Specially for Seniors Of course, we are also mindful of the possibility of pre-existing medical conditions. We work with our partners to assess the suitability of specific game types, taking known pre-existing medical conditions into account. For example, we won’t get seniors to play horror games, especially if they have an existing heart condition. We have been very responsible in our offerings, maintaining a calculated approach. Likewise, we make sure that anyone not feeling well highlights it early so that they can take a break at the side and rejoin the class later. Responsible & Balanced Gaming Some concerns about addition to video games exist, but we advocate for structured programming to address this. Emphasizing the importance of having a balanced lifestyle, we support the idea of gaming as a hobby with responsible time allocation. We also acknowledge that there are always concerns about violence in video games, although it has not yet been expressed by the seniors we work with. Nevertheless, studies indicate that video games do not contribute significantly to violent behavior, with underlying causes requiring better understanding to address potential negative effects. Seniors are adults who make informed choices. We provide explanations and hands-on experiences to help them understand. We respect their decisions and are mindful of any concerns but remain focused on delivering a great program that is able to help seniors stay happy and healthy throughout the process. If they find friends and meaning in what they’re doing, especially at an age where meaning is so important in life, this is the priority for us. Q: What are the short-term and/or long-term benefits of Esports? Dennis: Whether the benefits are long or short term really depends on how engaged the individual is. From our observations of the pilot program we recently ran, one of the major benefits is the social bonding experience. Video games and esports programs are just like brisk walking club, bonsai club or any other interest groups or activities. When people enjoy and do it together, it can deliver that social bonding experience. Lifelong Friendships through Esports The seniors who participated in the pilot program did not know each other when they first started. The game required an immense amount of teamwork and communication, and through the process of learning and training to be better at the game, they formed a bond. After the program, the S-team, or these seniors from the pilot program, play Counter-Strike 2  regularly at home, go out for makan (eating) sessions at night, and are even planning a trip to Johor Bahru.   Satisfaction & Validation from Improvements One aspect of video games, specifically esports games, is the learning curve. It is meant to provide a challenge and to push individuals to be better than when they first started. Progression is facilitated through various means such as tutorials, bots/AI opponents, and incorporating different difficulty levels, allowing them to feel satisfaction and validation from improvements. Apart from enjoyment of progress, there should also be a desire to eventually play with others of the same skill level, or even try and compete with others within the same age group. The ultimate goal is for us to try and build this interest in esports and its ecosystem. Building an Ecosystem around Shared Interest Chess, whether international or Chinese, and possibly Mahjong, are good examples of popular activities among seniors that have a strong ecosystem. These games involve a lot of critical thinking and strategy. In Chinatown on weekends, you can find many seniors playing these games in groups at a pavilion, attracting sizable spectators. This is a perfect example of how communities naturally form around their shared interest, through the medium of chess. In our case at SCOGA, we identify video games as our medium. While we recognize the short-term challenges, we also recognize the long-term effects. Changing Needs of the Upcoming Elders Currently, it is about having the infrastructure and programs in place so that any seniors can access gaming and esports. This could potentially get more younger seniors involved - a thought that affects me personally, considering that I qualify to be a senior in about 20 years. I thought about whether I would want to go to an activity center and join the activities currently available today. The simple answer is no. I prefer to do the activities that I enjoyed while growing up, and those are the activities that I want to see available. It is essential to prepare for the upcoming generation of elders. Instead of waiting for the challenges to arise, we should ease into this transition now, reach out to more seniors, and expose them to these opportunities. Through this approach, we can anticipate the social benefits in the long-term. Want to level up your retirement through gaming? Register here to indicate your interest now Q: Why should seniors consider trying Esports over joining a traditional interest group to form a community? Dennis: If you enjoy Mahjong or chess for their critical thinking aspects, esports offer a similar depth of challenge. While esports may involve more instantaneous fast-paced action, as long as you enjoy challenges, you can always give esports a try. There are many different kinds of games out there where the challenge varies - it may not even be competitive but more cooperative in nature. However, for now, our program focuses on esports because that’s where we see the long-term benefits, and we want to reach out to that specific audience of seniors who don’t mind being challenged. Q: Why did you pick Counter-Strike 2, a first-person shooter (FPS) game, among all the other different types and genres of games out there? Dennis: Counter-strike 2  is one of the most traditional and oldest shooting game recognized as an esports game for over 20 years. While it may not be the most popular game among Singaporean youths right now, what matters most to us is that, in our opinion, it has a manageable learning curve that we can scaffold, and still achieve the outcome that we seek, such as cognitive benefits, critical thinking, and social experience. Additionally, the game is very clear with a small number of objectives. This makes it a good starting point for any kind of introduction to competitive esports. I am not saying that other types of games don’t deliver similar benefits. However, the complexities of, for example, MOBA (Multiplayer Online Battle Arena) games such as Dota, League of Legends, and Mobile Legends are much higher. One notable aspect of FPS games is that they are very easy to pick up and finish in a reasonable amount of time. Additionally, shooter games generally require less time, while MOBA games can drag on for hours. Q: Do you have plans to introduce other games in the future? Dennis: We are taking it one step at a time. For now, the most important thing is for more seniors to be willing to give video games and esports a try. Honestly, the game does not matter. Down the road, if there is an opportunity to run other types of esports games, we will. At this juncture, we will stick with Counter-strike 2  unless we receive demand and feedback to introduce another game, such as Valorant , a currently well-known FPS game. We remain very open minded and adaptable. We are mindful that the ultimate goal for all of this is for our seniors to stay happy and healthy, and build more social experiences with others through the medium of video games. Q: What are some unexpected challenges faced that prompted further customization to your program to align better with the feedback and interests of the elderly participants? Dennis: One of the most interesting challenges we faced was the unexpected difficulty in teaching a senior how to use both a mouse and a keyboard simultaneously. While most of them can operate a mouse and a keyboard individually, in a game like Counter-Strike 2 , you need to use both simultaneously. Getting their motor skills and reflexes in order took more time than we expected. Now, with that learning experience in mind, we are going to spend a lot more time helping them understand that. A Patient & Flexible Esports Training Program for Elders Another challenge was the different learning speeds of the seniors. As the pilot program was a smaller group, there was more personalized learning and flexibility in how we curated the class; so we repurposed some of the sessions because everybody either wanted or didn’t mind recapping some of the topics that they struggled with. Moving forward, now that it is going to be a public program, we anticipate people with differing skill levels. We hope to involve some of our pioneer batch to come down and be part of the training program to exchange pointers. I think that it is easier for the seniors to relate to someone of similar age group and help them have a better experience picking the game up. We try to remain flexible for the Senior GO! Esports Program . If we feel that a class needs to recap on certain topics, we will spend more time on that before moving on to the next lesson plan. Q: Are there adjustments done to the tech gadgets, such as the gaming set-up, to better suit the seniors? Dennis: The hardware itself is all standard. We did not have to adjust any equipment; therefore, seniors can continue to pick-up the game at home as long as they have a gaming PC or laptop. This reminded me of an interesting situation during the pilot where the participating seniors were asking for solutions to allow them to continue practicing at home within the first 5 sessions. Since it was a pilot, we loaned the seniors our gaming set. For seniors in future classes, we can consider opening the facilities for them outside of lesson time to practice. If not, they can consider sharing their grandkids gaming setup. It is a good bonding moment and opportunity. Either way, it is a happy problem if the seniors ask for solutions to continue practicing at home, and we will deal with it when the time comes. Q: How would you advise seniors who are contemplating participation in the Senior GO! Esports Program? Dennis: I would encourage them to come with an open mind. Video games are not something to be afraid of; in fact, it could really add a lot of value to your life. We see gaming as a very natural activity that could end up being part of your hobbies, and you might even end up excelling in it, especially if you have a bit more drive for competition. SCOGA is in the process of learning as well, having only embarked on this journey with seniors for six months or less. I acknowledge that there is much for us to comprehend in terms of understanding seniors’ perspectives. We don’t know what the future holds and who the next batch of trainees will be, but we’re excited to meet them and provide a good experience. We hope they remain lifelong friends, and if they have the capacity to compete, we will support them in that endeavor. This interview has been edited for length. Back to profile interviews >   All articles and resources  > FAQs What are some challenges that elders may face when attempting esports? Some challenges seniors may encounter include taking time to get their motor skills and reflexes in order, and experiencing motion sickness when starting out. The instructors from the Senior GO! Esports program will spend time guiding seniors on areas which they find more challenging. Why should elders play video games and/or participate in esports? There are many benefits that elders can gain from playing video games and participating in esports. Improving mental agility, forming a community, and connecting better with the younger generations are just some examples. A video game is simply a game played digitally. With the acknowledgement that many elders have already been exposed to technology due to its rapid global adoption, elders are encouraged to give esports a try, especially if they enjoy 'traditional' games such as Mahjong or chess for their critical thinking aspects, as esports offers a similar depth of challenge. 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 product and service providers in the elderhood planning space to help you better identify and relate to the best, the most outstanding and the legitimate providers. Find a provider, compare prices, and kickstart your elderhood 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

  • Need Help For An Elderly Who Is Depressed Or Has Dementia? Try Senior Day Care Centers

    Similar to the concept of childcare centers, senior day care centers can not only alleviate the burden on caregivers and the family, it also allows seniors to connect with people and engage in activities that can reduce cognitive decline. We spoke to Jared Lim and Beatrice Lim, Director and Managing Director of HoviClub Orchard, a private senior day care operator, to discuss the pros and cons of private versus public senior day care centers, and factors that one should consider when selecting a senior day care center. Name: Jared Lim, Beatrice Lim Company Name: HoviClub Orchard Specialization: Senior Day Care Center Base Country: Singapore Service style: Personal, communicative, meaningful Q: Can you tell us about yourself? How did HoviClub Orchard come about? Jared: It has always been a life goal of mine to make a positive impact on people's lives. I started by working in the public sector at a hospital, focusing on improving administrative processes for better patient care. This experience inspired me to pursue a career in healthcare. My business partner, Beatrice, who is also my sister, shared similar aspirations, and together we sought ventures that could bring both wellness and joy to people. We got to know about Hovi Care Group, a Finland-based independent, family-run elder ly care service company , and went to see the incredible work they have done in Finland firsthand. It was then that we realized that the opportunity to franchise HoviCare was the golden ticket that we had been seeking.  Beatrice: It has been my ambition to nurture young children for a better future and add value to the families under my care. Throughout my career, I have been able to accomplish this, and I want to use the skills and experience I have gained in the education sector in a senior care setting. Nurturing doesn’t stop with young children; seniors need nurturing and love too. We were impressed by their family-oriented approach which spurred us on to take on the challenge and start HoviClub Orchard. Q: What services does HoviClub Orchard offer? Jared: HoviClub Orchard is a senior day care center that offers both club-based care services and home-based care services. Our primary focus is on engaging clients in three key components: physical, social, and cognitive wellness. We conduct activities and engagement based on these three pillars. Club vs Home Care Services Club services involve activities conducted at our center, such as interactive tabletop activities like board games and arts and crafts sessions, as well as outdoor wellness walks for seniors. On the other hand, home care services bring these activities to seniors' homes. Home care service is tailored to seniors who may face challenges leaving their houses due to reasons such as limited mobility or difficulty in socializing due to their mental or cognitive state. Q: What are the key problems that HoviClub Orchard is tackling for seniors and their caregivers? Jared: We are tackling two main concerns : families struggling to interact with seniors affected by mental capacity-related illnesses such as dementia and Alzheimer's, and families eager to help a depressed senior rediscover the joy in life. Family members are often at a loss when interacting with seniors facing cognitive illnesses. They become stressed about the senior’s declining state and actively seek out ways to at least slow down the worsening of the senior’s condition. There are also seniors who are perfectly healthy and mentally alert but exhibit signs of sadness and loneliness. Family members often worry that prolonged sadness and loneliness could negatively impact the physical and mental health of these seniors, and they seek out ways to improve the seniors’ mental health. Our goal is not only to enhance the well-being of the seniors but also to alleviate the stress and pain their family members are experiencing. Check out the services offered by Hoviclub Orchard in detail   here . Q: How does HoviClub Orchard differ from other day care centers? Jared: We are frequently compared to active aging centers and community centers, and we differ in three key aspects - the clients we serve, the customization of care plans, and our personalized approach. [Active ageing centers are centers for seniors to make friends, enjoy recreational activities, and access community health services.] From Healthy To Those With Cognitive Illnesses At HoviClub Orchard, our client base ranges from those who are perfectly healthy and here to socialize, to those with mental capacity-related illnesses, including various stages of dementia (onset to severe), Parkinson's, and Alzheimer's. Our smaller client-to-care staff ratio allows us to cater to more challenging clients, such as those with severe dementia, who require more attention. This allows us to afford more time and resources for each client, getting to know them at a more intimate and personal level. Our center has been specifically designed with an open space plan. Space is important in a senior day care center as it allows us to create pockets of safe zones. In the event that a senior feels uneasy or distressed during activities or interactions, we can easily relocate them to a more comfortable environment to calm down and decompress before rejoining when they are ready. Low Senior-To-Care Staff Ratio With a lower senior-to-care staff ratio and smaller group sizes, we can tailor our approach to each individual’s needs, ensuring that every client receives the adequate amount of time and attention that they require. Families often approach us with diverse objectives. For example, some aim to expand the social circles and enhance the sociability of the seniors, while others look to slow down a senior’s dementia condition. Regardless of health status, we customize care plans for each senior by working closely with them and their families to understand their goals. This involves designing specific activities to promote and support the outcomes they desire. Personalized Approach When there are fewer seniors per care staff to take care of, our staff can spend quality time with each senior. They can understand their interests and preferences, form meaningful connections with them, and introduce them to new experiences. For instance, we assisted a senior from China who, despite having been in Singapore for many years, had limited exposure to the local culture because her children were busy and weren’t able to spend much time with her. We took her to visit MRT stations, supermarkets, and other places in the community, and she found it fascinating. By integrating her into society, we helped broaden her experiences. Furthermore, we ensure active involvement in every senior's journey by regularly monitoring and documenting their progress through our tracking platform. This includes their health, changes in mental well-being, and other aspects. Q: How do you monitor the seniors' progress? Could you provide details on the tools or methods that you use for tracking and how the process is carried out? Jared: During the activity sessions, our care staff constantly monitor any changes in the seniors' cognitive function or mood. We have chat groups to maintain communication with family members by sharing videos and snapshots of the seniors and giving them insights into our activities. This is similar to how childcare centers operate these days. Even when the seniors are not at the center, we stay connected with family members. We once had a client who is in the late stages of dementia. While she is generally a cheerful person, there are instances when her mood changes, and she becomes agitated or angry. In such cases, we inform the family about our observations and inquire about potential issues. Through this process, we discovered that her altered mood may be linked to physical discomfort, like an upset stomach, or incidents at home, such as being unable to see a loved one due to time constraints. Detecting Changes In Elderlies Using Technology We also use a Finland-originated care management platform called Nursebuddy to track the seniors' progress. All the information our care staff need to know about a client is stored in this application. The information stored includes recorded care plans for each client, a list of tasks that need to be completed for each session, and important notes about clients for a particular session. After each session, data will be recorded and fed into an AI system. The AI will collate and assess all the notes and information and detect any abnormal changes over time. For instance, if a client who has always been neutral and calm starts displaying a pattern of increased aggression or restlessness, the AI can identify this change based on the information entered into the application by the care staff. Subsequently, it sends an alert to inform us, prompting a closer look at this senior. This information guides us in collaborating with seniors, their families, and even doctors to make necessary adjustments to help the client return to their neutral mood. The collaborative sharing of information helps care staff attend to each individual more effectively and handle the seniors more appropriately. Q: How much does it cost to participate in the activity sessions? Jared: Our pricing is comparable to that of many government-funded senior day care centers before government subsidies. Our club sessions range from about SG$100 to SG$110 per session, with each session lasting for four hours. Our home care sessions cost slightly more, with each session lasting for three hours. We also offer monthly packages, which make longer-term commitment more affordable. Most of our clients visit the club two to three times a week. Unlike public senior day care centers, which can have as many as 80 people per session, we limit our sessions to 25 individuals. We offer a more intimate and focused environment, which is particularly beneficial for patients with dementia or cognitive disabilities. Q: What factors should individuals consider when selecting day care centers for the elderly? Jared: To be completely transparent, senior day care centers across Singapore share many common features. Therefore, it's crucial to focus on the supplementary services that make each center unique. Prioritize factors like the atmosphere and ambience of the facility and pay attention to any elements that make you uncomfortable. Q: What are your hobbies? Anything interesting about you? Jared: I'm a huge foodie, and my whole family shares the same passion. We love to eat a lot. I love to bake and cook. When I present a full plate of food to my family and friends, and they finish everything, it brings me a sense of accomplishment. I think this has translated into our center as well, as we often prepare lunch for the seniors in-house, using modified healthier versions of our family recipes, and to see them enjoying the food after their activities has really brought joy to us. This interview has been edited for length. Back to profile interviews >   All articles and resources  > FAQs What is a Senior Day Care Center? A senior day care center is a facility that offers elderlies a range of services and activities designed to promote social interaction, physical activity, and assistance with daily tasks during the daytime . The goal is to maintain or enhance the general, physical, social, and mental well-being of seniors. How much does senior day care cost? According to the Agency for Integrated Care (AIC) in Singapore, day care centers cost around SG$900 to SG$1400 before subsidies, assuming daily attendance on weekdays, and excluding transport . Some centers also provide specialized care for elderlies with specific needs, such as dementia, typically at a slightly higher cost. Hoviclub Orchard is one of the centers that offer day care for elderlies with dementia in Singapore. Learn more about Hoviclub Orchard 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 product and service providers in the elderhood planning space to help you better identify and relate to the best, the most outstanding and the legitimate providers. Explore other products and services that can help you or your loved ones maintain independence and age better 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

  • Unhappy with Your Inheritance? Here’s How to Protect What’s Rightfully Yours.

    Imagine this: a loved one’s life insurance, meant to provide financial security after they’re gone, gets denied. Beneficiaries are left scrambling, not just for funds but for answers. Creditors circle, the executor delays critical decisions, and your rightful inheritance seems to be slipping away. To help beneficiaries facing issues with their inheritance, we spoke with Wilson Foo, Advocate & Solicitor of Lexcompass LLC, about the legal rights you may not know you have and how to protect what’s rightfully yours. Name: Wilson Foo Company: Lexcompass LLC Specialization: Litigation Base Country: Singapore Service Style: Assertive, bold, tenacious Anything Interesting:   Computer programmer, speaks Esperanto fluently Q: Can you introduce yourself and your area of practice? Wilson: Certainly! My name is Wilson, and I’ve been practicing law for around 10 years. While pursuing my law degree, I also earned two additional Bachelor’s degrees in Information Systems and Applied Accounting, followed by a Master’s in Professional Accountancy. Initially, I was set on studying accounting and information systems, but my path changed after a pivotal experience during a friend's trial in the army. He was sentenced to the Detention Barracks (army jail), and I witnessed firsthand how difficult it was for someone without legal knowledge to defend themselves. This experience inspired me to pursue a career in law, specifically aiming to secure at least one criminal acquittal after trial in my career—a goal I’ve achieved multiple times.   While my initial focus was on criminal defence, I’ve since expanded my practice to cover a broader range of disputes, including estate and family matters. This shift wasn’t a complete departure from criminal law but a broadening of my expertise. Clients began approaching me for estate litigation, and those probate specialists who specialise in non-contentious work rather than disputes started referring their clients to me. This opened opportunities in estate disputes, which I’ve since integrated into my practice. Common Causes of Estate Disputes Q: What are the common reasons estates become involved in disputes? Wilson: Estate disputes arise for various reasons, but some situations are more frequent. Here are five common causes: Dissatisfaction with Will Distribution: A beneficiary may feel they haven’t received a share in accordance with their legal rights and seek to challenge or enforce the Will ’s terms. Claims by creditors: If the deceased had outstanding debts, creditors may file claims against the estate, potentially leaving nothing for the beneficiaries . An estate may or may not be insolvent and a good defence may make a difference as to whether there is anything, or whether there are more assets, to distribute to the beneficiaries. Contesting the Will's Validity: Disputes can emerge over whether the Will meets legal requirements, such as formalities or the testator's (the person who makes the will) mental capacity. Intestate Deaths: When someone dies without a Will, disputes can arise over who should manage the estate as an administrator . Post-Probate Conflicts: After probate is granted, disputes between beneficiaries or between beneficiaries and executors may occur. An executor might file an application to seek the court's directions on specific questions which arise in the administration of the estate, but this can lead to lengthy legal processes. Understanding the typical causes of estate disputes can help beneficiaries anticipate and address issues before they escalate. Lesser-Known Causes of Estate Disputes Q: What are some lesser-known estate-related disputes? Wilson:  Several scenarios can lead to estate disputes that people may not be aware of:   Challenging Creditor Claims:  Estate disputes often involve creditors rather than beneficiaries, as debts must be settled before any inheritance is distributed. Beneficiaries may not realize they can contest the amounts claimed by creditors, which may include legal costs and interest in addition to the principal debt. For example, a wealthy individual may pass away with significant outstanding debts—such as a mortgage or business loans. When creditors make a claim on the estate, they’re not only claiming the principal amount of the loan but also often the legal costs as well as potentially hefty interest. This can be contested depending on the evidence available and the legal principles, and it’s something many people may not realize they may be able to dispute.   Trust Company Litigation:  When a trust company handles an estate, disputes can arise if they deny a claim. Beneficiaries or claimants can sue the trust company in its capacity as executor of the estate for refusing to settle certain claims.   Disputes over Denied Insurance Claims : People often think insurance payouts are automatic, but claims can be denied for reasons like failure to disclose crucial information. This opens the door to disputes, either against the insurer or a financial advisor responsible for the non-disclosure. What if you were denied due to failure to declare certain information but you declared it in a different form? Or what if the information was not material and therefore did not affect you? Often, it comes down to the principle of “utmost good faith”, and if your insurance claim gets denied, you should seek legal advice for a lawyer to help determine if you have grounds for contest.   Inheritance of Company Shares:  If a business owner passes and leaves company shares, beneficiaries need to watch for red flags such as a lack of transparency from management; for example, consistently being denied access to information about the company, or a failure to declare dividends even though the company appears profitable, and the directors are getting paid large amounts of fees and salary. These issues can lead to disputes about the proper management of inherited shares. Uncommon estate disputes can catch beneficiaries off guard; awareness of them ensures that overlooked issues don’t compromise their rights.   Overlooked Estate Scenarios: Legal Rights You Didn't Know You Had Q: What should beneficiaries do if the estate has substantial debts? Wilson:  A skilled lawyer may help negotiate settlements on debts, potentially reducing the amount owed. Creditors often claim the maximum amount, but legal strategies may lower the debt, possibly turning an insolvent estate into a solvent one, allowing beneficiaries to receive their share.   If a beneficiary is also a creditor—perhaps due to personal loans to the deceased—the executor can challenge other creditors' claims, but may prioritize paying the beneficiary who is also a creditor. For instance, the beneficiary’s claim as a creditor might take precedence over other creditors' claims, if they hold security over certain assets. Making a personal loan means you're a creditor too! As both a beneficiary and a creditor, you can potentially recover your own claim, which could be in priority to other creditors’ claims. Q: How should beneficiaries respond if they believe the executor is acting unfairly or inappropriately? Wilson:  Executors are legally obligated to manage an estate responsibly and promptly, ensuring that the deceased’s wishes are honoured and that the beneficiaries receive their entitled shares. In most cases, a reasonable executor will begin administering the estate soon after receiving the grant of probate. However, there are instances where this process is delayed, or worse, intentionally mishandled.   For example, imagine an executor who, after obtaining probate, leaves the estate unattended for years. They might claim they are unsure of how to proceed, but in reality, they are favouring one beneficiary over another. Suppose this executor is a relative who deliberately neglects to administer certain assets, hoping to benefit a favoured family member at the expense of others. In such cases, the executor’s inaction is not simply due to oversight but driven by ulterior motives. In situations like this, beneficiaries must take proactive steps to protect their rights. If an executor is acting unfairly or failing in their duties, it’s essential to consult a lawyer and consider legal action to hold the executor accountable. Rights don’t exist in a vacuum; they require action to be upheld and are only meaningful when enforced. Legal recourse is often the best way to ensure that an estate is managed in accordance with the law.   If you, as a beneficiary, believe that an executor has misallocated your share or failed to manage the estate properly—especially in cases involving significant assets like private property—it's important to act swiftly. Speaking to a lawyer can help you challenge the executor's actions and safeguard your inheritance . Your rights as a beneficiary don’t exist in a vacuum. You can and should challenge situations where your inheritance is at risk. Q: Can parents, who are dependent on their child for maintenance, seek legal recourse if they are left out of the child’s will? How can dependent parents protect their interests? Wilson: The Inheritance (Family Provision) Act covers order of payment for the maintenance of certain dependents. Unfortunately, dependent parents are not included.   In such a situation, you should explore whether the Will can be challenged or revoked due to invalidity. For example, was there any sort of duress? Did the child’s spouse, for instance, threaten the child or force him/her to sign the Will?   Legal advice is essential in such cases to assess whether there are grounds for a challenge. Q: What happens if I give my share in a joint account or a joint tenancy to someone else other than the joint owner through a will? Wilson: Joint accounts and properties that are owned as joint tenants often involve the "right of survivorship," meaning the surviving co-owner inherits the asset. However, this applies only to legal ownership, not equitable interest.   For example, a property could be jointly owned from a legal standpoint, but if the parties’ intent isn’t meant to include equitable interest, then there is a presumption that each owner’s entitlement to the benefits of the property is the percentage of their contribution to that property. In other words, the surviving owner may not automatically be entitled to the full benefit of the property if the other co-owner dies.   This distinction has led to disputes where the legal arrangement doesn’t align with the actual intention of how benefits should be distributed.   This also applies to joint bank accounts but there is an added layer of complexity - the specific wording of the survivorship clause in the bank account terms. Some banks state in their terms that they have the power to pay out all the monies to the surviving joint holder without being liable. Right of Survivorship vs. Actual Intent   Disputes about joint accounts are relatively common. While the right of survivorship is the default, any disputes can lead the court to investigate the deceased owner’s actual intentions for the joint account.   For instance, if you and your spouse hold a joint bank account and you pass away, the right of survivorship allows your spouse to automatically claim all the funds in the account. However, if your Will specifies that a portion of those funds should go to your parents, they may challenge this. They could have a valid argument based on the “presumption of resulting trust,” which suggests that you didn’t intend for the surviving joint account holder to inherit the full amount.   The court may also consider the “presumption of advancement,” which applies in certain relationships, such as parent-to-child or husband-to-wife. This presumption assumes that the deceased intended for the surviving party to receive the full benefit of the joint account.   Interestingly, due to historical reasons, the “presumption of advancement” does not apply to transfers from wife to husband. So, if a husband passes away, it may be presumed (in the absence of available evidence) that his contribution to the joint account was meant for his wife. However, the reverse does not automatically hold true.   It’s important to note that these legal presumptions might be challenged based on the specific facts of the case, and it is up to your lawyer to present the arguments on your behalf. Joint ownership doesn't always mean the surviving party gets the full benefit. You can potentially contest joint ownerships based on contributions or other legal factors. Still unsure if you have the right to contest? Register for a FREE webinar by Wilson for more insights! Navigating Disputes Over Lasting Power of Attorney Q: Let’s discuss cases involving mental incapacity. Since the government transitioned to digital Lasting Power of Attorney (LPA), have you seen an increase in disputes related to LPAs? Do you handle these cases? Wilson: Yes, I do handle such cases. However, I don’t believe the increase in disputes is necessarily due to the digitization of LPAs. Rather, it’s more likely that people are becoming increasingly aware of the potential for LPAs to be abused. (LPA is a legal document that allows you to appoint one or more persons to make decisions on your behalf if you lose mental capacity one day.) Read more: Demystifying Lasting Power of Attorney (Singapore Edition) Q: What are some common reasons people have disputed LPAs? Wilson:  One common reason is the belief that the Donor (the person whom the LPA is made for) lacked mental capacity at the time the LPA was signed. In these cases, although the certificate issuer may be at fault, the LPA can still be voided because the Donor wasn’t mentally competent. This often leads to disputes over deputyship .   Deputyship can become a point of contention because the appointed deputy has control over the Donor's financial assets, such as bank accounts and funds. While deputies are required to report to the Office of Public Guardian (OPG), they do have some discretion in how they manage the Donor’s finances. In some unfortunate cases, a deputy—who might also be a beneficiary under the Will—could act with bad intentions, doing the bare minimum to care for the incapacitated person, all the while hoping for their quick passing to inherit the assets.   Another reason disputes arise is when someone believes the appointed Donee (the person appointed to make decisions for the Donor) is unsuitable for the role and should not be entrusted with managing the Donor's affairs. Litigation Representative for Minors   It’s also important to note that if minors are involved—such as the Donor’s children under 21 years of age—and they wish to dispute the LPA, they would need a litigation representative who is 21 years old and above to appoint a lawyer and take legal action on their behalf. Thinking of Disputing an Estate? Key Steps and Considerations Q: What are some typical steps involved in the process of disputing an estate? Wilson: The process often begins with the exchange of lawyer’s letters. This lawyer letter, commonly known as a "letter of demand," outlines the claimant’s demands. If the demands are not met, the case proceeds to court.   Often before court action, parties might engage in “without prejudice” negotiations to try and settle the matter, but anything discussed during these talks cannot be used in court later. Q: How much is an estate typically worth before someone considers litigation? Wilson: It ultimately depends on the individual. For many creditors, a common threshold for the amount of the claim is around $60,000, as disputes involving sums up to this amount are typically handled in the Magistrates' Court, which is recognised as a low value dispute. Disputes above $60,000 and up to $250,000 fall under the jurisdiction of the District Court, while amounts exceeding $250,000 are addressed in the High Court.   However, just because a case is classified as a low-value dispute does not mean it isn’t worth pursuing in court. That said, people are generally more inclined to pursue claims involving higher amounts. In the end, it all comes down to the individual's risk tolerance. Q: How much are legal fees for estate disputes? Can you provide a ballpark? Wilson: Many factors can influence legal fees. It depends on the complexity of the case rather than the dispute's value. Settling a case early, during mediation, might cost under $10,000, while a long, drawn-out dispute in the High Court could exceed $100,000. I offer a free 30-minute consultation to give clients a ballpark estimate. For example, I might say, “You should be mentally prepared to set aside at least $100,000 as your litigation war chest.” After the initial consult, fees are charged by the hour. Q: What should people be mindful of before consulting a lawyer or contesting a probate or estate? Are there situations where you would advise against taking legal action? Wilson: My first piece of advice is to be concise. Try to summarize your story in 10 minutes or less, because the initial free consultation, which usually lasts 30 minutes, is incredibly valuable. If you spend that time discussing irrelevant details, you’re essentially wasting your own opportunity to get meaningful advice. It’s best to keep your explanation brief and let the lawyer guide the conversation, as they will likely ask the key questions necessary to understand the dispute.   If the case is straightforward and it’s clear that there’s no viable legal claim, I would advise against pursuing it. This sometimes becomes apparent to me within the first half hour of the consultation. In these instances, I’m honest with clients and recommend not moving forward to avoid unnecessary expenses.   That being said, if the client still insists on proceeding, I’ll assess whether there’s any legal avenue available. I can’t file a false claim, of course, but if there’s a possible way forward, I’ll explain that while the case may not be strong, they have the option to proceed if they’re willing to invest the time, money and effort. However, if I’m convinced there’s no chance of success, I’ll suggest they seek a second opinion from another lawyer before making a final decision.   Q: Anything interesting about you? Wilson: In my spare time, I am a computer programmer. In addition to developing legal tech applications, I have created educational games, including one where players control blood cells to defeat SARS, MERS, and COVID-19. I also speak Esperanto fluently and am an active member of the Esperanto community, having served as the Treasurer of the World Esperanto Youth Organisation for a year. This interview has been edited for length. Back to profile interviews >   All articles and resources  > FAQs What are some common reasons people contest a Will's validity? Wills are often contested due to concerns about whether they meet legal requirements, such as the proper formalities or questions about the testator’s mental capacity at the time the Will was signed. What should beneficiaries do if they disagree with how an estate is being managed? If beneficiaries believe the executor is acting unfairly or neglecting their duties, they should seek legal advice to protect their rights and possibly challenge the executor’s actions in court. Why are insurance claims sometimes denied after a loved one passes away? Insurance claims can be denied for reasons such as failing to disclose certain information. In such cases, beneficiaries may need legal advice to contest the denial and determine if they have grounds for a dispute. Why might creditors claim more than the original debt? Creditors often claim not just the principal debt but also legal costs and interest. These additional amounts can be challenged, potentially reducing the overall debt owed by the estate. Immortalize  is an Elderhood marketplace and digital concierge . 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 product and service providers in the elderhood planning space to help you better identify and relate to the best, the most outstanding and the legitimate providers. Find a provider, compare prices, and kickstart your elderhood 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

  • When Faith & Law Collide: Issues Faced by Muslims with International Assets

    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 .

  • How Many Donees Should You Pick For Your LPA? Preferably One. Here’s Why.

    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 .

  • Demystifying Advance Medical Directive (Singapore Edition)

    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

  • CPF Inheritance: How It Works, Tips & More!

    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 .

  • What 74% of Gen Z Are Doing Right: Talk About Death

    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 Choose Beneficiary, Executor in My Will?

    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 Explores Property Gains, Inheritance Tax: Straits Times

    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 .

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