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- All About Probate & Administration (Singapore Edition)
What happens after a loved one dies? Apart from getting a death certificate and planning for a funeral, the other important thing you should do is to go through the probate or administration process and get a ‘Grant’ from the court in order to have the official right to manage your loved one’s money, property, and other assets. (Note: For Muslims, Muslim (Islamic) law will apply instead. Read How Does Muslim Inheritance Work in Singapore? for more information.) What is Probate and Administration? Probate and administration is the legal process where the executor (person appointed in a will) applies for a Grant of Probate or administrator (person appointed by the court) applies for a Grant of Letters of Administration . Both are legal documents issued by the court for the executor or administrator to have the legal power to manage and distribute the deceased’s estate . The application usually takes around 2-3 months, but depending on complexity, it may take longer. What is the Difference Between Grant of Probate & Grant of Letters of Administration? When you have a will, your appointed person (the executor) will apply for a Grant of Probate. Without a will, if the will can’t be found or if there is no executor because, for example: No executor is appointed in the will Executors appointed are incapable of carrying out instructions in the will Executor doesn’t want to be an executor Executors are dead The court will choose one or more person(s) (called administrator(s)) most suitable to manage the deceased’s assets, and Letters of Administration will be granted instead. You can apply for a Grant of Letters of Administration if you are: A beneficiary (person entitled to a share of the estate) At least 21 years old Have a sound mind (doesn’t lack mental capacity ) What if No Next-Of-Kin Applies for the Grant of Letters of Administration? When no next-of-kin applies, the Court may appoint whomever they think is suitable, which may include a creditor of the deceased. What are the Duties of the Executor & Administrator? The duties of an executor or administrator is to apply for the grant, clear the deceased’s debts and distribute the assets either according to the will, or in the absence of a will, based on the intestacy law. Related articles: How to Write A Will (Singapore Edition) , What Happens To My Stuff When I Die? (Singapore Edition) As an executor or administrator, you may want to consider opening a separate bank account to manage the monies of the deceased estates to avoid mixing your money with the deceased’s money. It helps you keep proper records so that when the beneficiaries ask for a detailed accounting (which they are allowed to), there won’t be unnecessary disputes. Disputes can result in law suits, which will cost you time, money and emotional stress. How Many Executors Can You Appoint in Your Will? Usually, a maximum of 4 executors are appointed. Note: Section 6(1) of the Probate and Administration Act says "Probate or letters of administration shall not be granted to more than 4 persons in respect of the same property." The probate process is tedious. Having more executors means more help and keeping each other in check, but that also means potential for more disagreements because usually, they all have to agree before matters can proceed. Generally, it's ideal to have 1-2 main executors with the potential for substitute executors in case the main executors can't fulfill their duties for any reason. How to Get a Grant of Probate or Letters of Administration? Before starting the process, you might want to first consider the following: 1. Is there a need to get a grant? Some assets such as Central Provident Fund (“CPF”) monies, insurance with nominations, jointly owned properties (eg. joint tenancy flats, joint bank accounts, etc.) do not need a Grant to be distributed. 2. What is the value of the deceased asset? Less than $50,000 You can consider applying to the Public Trustee to administer the estate. If the Public Trustee agrees to administer the estate, a Grant is not needed, and thus, you don’t have to go through administration. Please note that there are a list of circumstances where the Public Trustee cannot help administer the estate. Check here for more information. $5 million and below You will file to the Family Justice Court. *Note: If the estate value is above SG$3 million , higher filing fees will apply. Above $5 million You will file to the Family Division of the High Court. 3. Is it better to engage a lawyer? People often underestimate the difficulties of applying for a Grant of Probate or Letters of Administration. Lawyers specializing in wills and probate can advise you on the dos and don’ts to avoid disputes, help you when problem arises, and potentially reduce extra costs arising from mistakes. Based on Immortalize 's data, the cost to hire a lawyer to get a Grant starts from ~SG$1,500. The actual cost will depend on factors such as the size of the estate and how complicated is the estate and probate/administration process. Tip: Compare pricing and find the lawyer best suited for your probate and administration needs at Immortalize Marketplace . If you do decide to do it yourself, the Family Justice Court (“FJC”) has a comprehensive probate toolkit to guide you through the process. Note that the toolkit is only suitable for straightforward cases where, for example, the deceased was domiciled in Singapore or the value of the estate is less than $5 million. Here’s an overview! Bon Voyage! Overview of Grant of Probate/Letters of Administration Application Process Step 1: Prepare documents and forms for submission Below are some of the requirements. For a full list, please refer to the FJC website . Service Bureau Form for application for Probate/Letters of Administration (get the form here ). Schedule of Assets - a list of all assets and liabilities of the deceased. Assets can include bank accounts, properties, shares in companies, foreign assets, and etc. All taxes, debts, bills and other expenses such as funeral costs must be paid before you can distribute the balance of the deceased’s estate. Certified copy of death certificate(s) Death certificate of the deceased. You may also need the death certificates of executors or next-of-kin who have passed away. Certified copy of the will (if there is one) Renunciation of executors or beneficiaries (if there is any) Summary report of caveat and probate application search This is to make sure no one else is preventing you from getting a grant of probate or letters of administration by lodging a caveat against the deceased’s estate or having any pending application relating to the deceased’s estate. Step 2: Filing of Application Application must be filed within 6 months from the deceased’s death. After 6 months , you have to explain the reason for delay. Applications for Grant of Probate/Letters of Administration have to be filed through the LawNet & CrimsonLogic Service Bureau . What Happens After Filing? If the Court rejects the documents due to errors in application, you have to correct the errors and re-file documents. If all is good, the Court will assign a probate number to the application and fix a hearing date. Step 3: Prepare and File Supporting Affidavit and Administration Oath Supporting Affidavit and Administration Oath needs to be filed within 14 days after the initial application is accepted. In short, this is to confirm that all the documents you submitted are declared true and correct, and that you will administer the deceased’s estate dutifully. Step 4: Extracting the Grant of Probate/Letters of Administration You may file a request to extract the Grant after the Court has accepted your Supporting Affidavit and Administration Oath Conduct a final caveat and probate application search Grants are issued electronically but you may request to get a physical grant issued with a court seal. After you received the Grant, you can now take it to relevant financial institutions (eg. banks, insurance companies) and other institutions (eg. the Housing & Development Board ("HDB")) to release and distribute the deceased’s assets. Having a will can potentially shorten the probate process as getting a Grant of Probate is generally faster, easier and cheaper than getting a Grant of Letters of Administration. As the saying goes ‘Good beginning is half the battle won’. Find a professional at Immortalize Marketplace to help you with your estate plan or get a Grant now. Read more: What Happens To My Stuff When I Die? (Singapore Edition) How to Choose Beneficiary, Executor in My Will? Guide To Making a Will - Singapore Edition The Ultimate Guide to Online Wills (Singapore) Online will vs Lawyer vs Will Writing Company - Which to Choose? Need help on probate matters? 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 .
- What Happens To My Stuff When I Die? (Singapore Edition)
Someone will inherit it. But the question is, who? After you die, your family or next-of-kin will go through a legal process called probate and administration to get a grant from the court that gives them official rights to manage your stuff and distribute your possessions. If you have a will , your executor (the person you appointed to distribute your assets) will need to go to court to get a grant of probate before distributing your assets according to your will. If you don’t have a will, your next-of-kin will first need to be appointed as an administrator (the person the court approves to distribute your assets), get a grant of letters of administration , and your assets will be given out based on intestacy law . (Note: This article is intended for non-Muslims. For Muslims, check out How Does Muslim Inheritance Work in Singapore? ) What Happens If I Die Without a Will? If you die without a will, that means you have died intestate . Your assets will be given out according to the default distribution set out by the Intestate Succession Act , also known as Singapore's intestacy law. Below is a chart of who gets what under Singapore’s intestacy law: Below is the same representation but in table form of who gets what under Singapore’s intestacy law: Why Do I Need a Will? If the law has already planned it out for me, why do I still need a will? You can deviate from the default distribution using a will. Even if your ideal distribution is the same as the intestacy law, the probate and administration process is generally faster, cheaper and easier for your next-of-kin with a will than without a will. Related article: Probate and Administration (Singapore Edition) Let’s take a look at the advantages of having a will: A prolonged probate or administration process can take a toll on your family. Whether you have a will or not, your family will generally have to go through the probate or administration process. If everything you own is less than SG$50,000 in value, your family can potentially apply to the Public Trustee’s Office to handle the estate without going through probate. Write a will now. Read more: How to Choose Beneficiary, Executor in My Will? Guide To Making a Will - Singapore Edition How To Find The Right Lawyer For My Will? Online will vs Lawyer vs Will Writing Company - Which to Choose? All About Probate & Administration (Singapore Edition) Can't decide if you should write a 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 .
- (Funny) Mortician Answers Dead Body Questions: WIRED
We have been looking far and wide for a video on "What happens to a dead body?" that is not morbid and boring and recently, our prayers have been answered! This WIRED video about a funeral director/mortician, Victor M. Sweeney , answering dead body questions from twitter is hilarious and educational! 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
- Demystifying Lasting Power of Attorney (Singapore Edition)
What is a Lasting Power of Attorney ("LPA")? LPA is a legal document that allows you (“donor”) to appoint one or more persons (“donee(s)”) to make decisions and act on your behalf if you lose mental capacity (ie, cannot make decisions for yourself) one day. Requirements for LPA and its equivalent differ across countries. In Singapore, there are two type of LPA forms - LPA Form 1 and LPA Form 2. What is the difference between LPA Form 1 and LPA Form 2? LPA Form 1 applications have to be made via an online portal . It contains mostly checkboxes that donors can use to grant donees general powers with the option to select some restrictions. Donors can appoint up to 2 donees and 1 replacement donee. Donees are given powers to manage your "Personal Welfare" and "Property and Affairs". What is Personal Welfare? Examples: Daily routine (eg. washing, dressing, and eating) Healthcare and medical treatment decisions Where to live Who the donor may have contact with What is Property and Affairs? Examples: Money (eg. bank accounts, bill payments, collect pensions/benefits) Property LPA Form 2 contains mostly free text spaces and is for donors who wish to grant donees customized powers and/or appoint more donees. LPA Form 2 must be drafted by a lawyer. Speak to us here for a recommendation of a lawyer most suitable for you to help you with your LPA form 2. The majority of people use LPA Form 1. Apply online here or join our webinar here to learn more about the things to consider before doing your LPA. Why should I make an LPA? Contrary to popular beliefs, your family isn't automatically given the right to make legal decisions for you when you lose mental capacity. Without an LPA, your family has to go through the process of applying for deputyship (ie, getting court's approval to appoint a person to make decisions for you after you have lost mental capacity). The deputyship application process can take over 3 months, and is much more expensive than doing an LPA. This excruciating process could take a toll on your family when they cannot access your bank accounts to pay for bills or make decisions for you. *Note: Don’t confuse an LPA with a Will. A Will can only be processed after a person dies. Find out how to write a will here . How to make an LPA? Anyone who is at least 21 years old can make their LPA online. The Ministry of Social and Family Development (MSF) provides an overview of how to make an LPA , and here are some key points: 1. Choose your donee(s) wisely and decide what powers to grant them. They should be At least 21 years old People whom you trust will take your best interests into consideration when making decisions for you If you decide to have more than one donee, you have to decide if they will act “jointly” or “jointly & severally”. Jointly - Donees have to make decisions together. If one of the donees is unable to act (eg. has passed away), the remaining donee cannot act alone, thus no one can can make decisions for you for that particular matter. Jointly & severally - Donees can make decisions individually or together. One donee can act without consulting the other donee, and if one donee is unable to act, the remaining donee can still make decisions for you alone. 2. Fill in your LPA application online Use your Singpass to login to the online portal and fill in your donee(s)’ details including what powers you are granting them. 3. Your donees to accept your appointment Once you have submitted your LPA application, your donee(s) will receive a notification to login using their Singpass to confirm their details and accept their appointment as your LPA donee. 4. Get your LPA certified by a Certificate Issuer (CI) Bring your mobile phone with the Singpass app installed and the digital signing enabled, and visit a CI to have your LPA certified. A CI is either an accredited medical practitioner, practicing lawyer or registered psychiatrist. (Compare pricing and book a provider to certify your LPA here ) The issuer will ensure that you are not forced or deceived into making an LPA, and understand the purpose and the powers given; and sign your LPA form as a witness Lawyers who do wills often have Will & LPA packages that can help clients do both documents correctly. (Find a lawyer who does both Will and LPA through Immortalize Marketplace now) 5. Your LPA is registered Your CI will submit your LPA for registration. After submission, the Office of the Public Guardian ("OPG") will assess and if there are no objections raised within a 3 weeks wait time, OPG will register your LPA. You can always login to the online portal to check the status of your application anytime. Can I share my LPA with others? The soft copy of your registered LPA can be viewed and downloaded by you and your donees through the online portal. You can also choose to send a soft copy directly to anyone, however, your donees can only send your LPA soft copy to third party organizations after they have declared that you have lost your mental capacity. Can I revoke (cancel) my LPA? If you wish to revoke your LPA form, you must complete and sign a revocation form . You are allowed to revoke your LPA at any time when you have mental capacity. You must notify every donee and the OPG of the revocation. The MSF recommends that you revoke an existing LPA only upon registration of the new LPA, so that you will always have an LPA remain in place for your benefit. What can revoke my LPA? Your LPA will be revoked or cancelled or your appointed donee will be terminated when: You or your donee dies Your donee loses mental capacity Your donee rejects to be a donee officially (your donee can disclaim their donee appointment here ) Your donee is your spouse and you divorce your donee You or your donee becomes a bankrupt Your donee is a licensed trust company that is liquidated, dissolved, wound up or under judicial management (Note: this only applies to the property & affairs donee) Your LPA or your donee’s powers are cancelled by a Court order (eg. When your donee does not act in your best interest.) Do note that if more than one donee is appointed to act jointly and one of the donees' power is cancelled, the LPA will also be cancelled . However, if a replacement donee is appointed or there are one or more surviving donees that can act jointly and severally on any matter, then the LPA would still remain valid. Can I get a hardcopy of my LPA? If you would like to have a hard copy for safekeeping, you can submit an application to request for a certified true copy of your LPA via the online portal at a cost of SG$25 per copy. However, you can easily find and view the soft copy of your registered LPA anytime and at no cost by logging onto your account through the online portal. Can I submit my LPA online? Yes, all LPA applications have to be made via an online portal from Nov. 14, 2022. Under certain exception situations , you may submit a hardcopy of your LPA application. However, whether the application will be accepted is subjected to the Public Guardian’s approval. All articles and resources > Immortalize is Singapore's most comprehensive elderhood marketplace and information provider. Find out all you need to know about ageing better , retiring more meaningfully and leaving a legacy that is uniquely yours here. Let Immortalize help you get your LPA, Will, and other elderhood planning related matters sorted easily. FAQs Who can I appoint as an LPA donee? People usually appoint their family or friends as LPA donee(s), but if family or friends are not an optimal choice for you or you don't have any trusted person you can rely on to make decisions for you, you can choose to appoint professional donee(s) in your LPA to act on your behalf if you lose mental capacity one day. (Check out professional donees, the services they can render and their prices here .) What happens if I lose mental capacity and do not have an LPA? Your family or someone has to apply for deputyship , so they can be appointed as deputy and make decisions for you. The deputyship application process can take over 3 months, and is also more expensive than doing an LPA. This process is excruciating and could take a toll on your family when they cannot access your bank accounts to pay for bills or make decisions for you. How is my LPA activated? To be able to activate your LPA, your donee will need to first obtain a medical report from a registered medical practitioner and/or other supporting documents to prove that you have lost mental capacity. Then your donee can log onto the online portal and send the soft copy of your LPA to third party organizations and make decisions for you. Should you regain your mental capacity, you will be able to manage your own affairs again. Your registered LPA will still be valid. Can I submit a hardcopy of my LPA application? You may submit a hardcopy of your LPA application only under certain exception situations . However, whether the application will be accepted is subjected to the Public Guardian’s approval. 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
- Guide To Making a Will - Singapore Edition
What is a Will? A Will is a legal document that specifies how you want your estate (assets such as money or property) to be distributed after you die. A Will can be written by anyone, not just lawyers. See Related: Guide on how to find the right Will provider for you What happens if you die without a Will? Without a Will or if your Will is not valid, your estate will be distributed based on intestacy rules (rules if you die without a Will). Intestacy rules may vary in different countries. For Singapore, your estate will be distributed under the Intestate Succession Act . (See Related: Guide on Intestacy Laws in Different Countries (Coming Soon!)) Why don't people write a Will? Here are the common reasons: “Too difficult”, “Too pricey”, “Too troublesome”, “I don’t have a lot of money or assets”, “I’m not going to die soon”, “I don’t have time now. I’ll do it next time” When do people write a Will? Here are some common reasons: When they buy a house - Because they think they now have a significant asset When they have kids - Because they need to appoint a guardian or plan for if both partners are not around When they are very sick When they grow old When they do some dangerous or life-risking activities Why you should write a Will? Because you want your estate to be distributed the way you want it to be Because you are considerate for your loved ones and want to avoid them having to go through the long, arduous and more expensive process to distribute estates without a Will Because you want you and your loved ones to have a peace of mind Because it helps you figure out what’s most important in life Filter, compare and book a Will-making provider on Immortalize Marketplace How to write a Will? Except for the following, there’s no restriction on how to write a Will. “ You can even write it on a tissue paper ” and that would be valid. But of course, you shouldn’t. In Singapore, these are the requirements for a valid Will : It must be in writing Testator (the person who is writing the Will) must be at least 21 years old Testator must sign at foot of the Will in front of at least 2 witnesses The witnesses cannot be beneficiaries (people who will benefit from the Will) or spouses of the beneficiaries Additionally, the testator must be of sound mind (have mental capacity ) and not under undue influence (made the decisions voluntarily) at the time the Will was written and signed. *Note: If a person has lost mental capacity and a Will is wished to be made, an application of a Statutory Will may be necessary. See Related: Immortalize Guide - How Much to Draft a Will? How to Choose a Will Provider? Before you start writing your Will, here are some essential questions you should ask yourself: Do you have assets in other countries? You might need to consider an International Will that cover all your assets or a Will for each country that you have assets in. Related article: Comments on need for Concurrent Wills Do you have any children under the age of 21? If yes, you will need to decide who will be their guardian and how best to protect their interests. Need help on this? Find the right lawyer via Immortalize Marketplace ) Do you want to make any specific gifts? Lawyers would often tell you to keep things general and avoid making too many specific gifts. Disputes may arise from being unable to give out these gifts (perhaps because they don't exist or don't belong to you anymore) after your passing. Do you have any properties? Property and its distribution among beneficiaries have always been a big part of family disputes. See Related: Deep dive into property and estate planning Feeling overwhelmed with the list? Time to seek help. We have written a Guide to help you figure out whether you should use an online Will or find professional help. How much does it cost to make a Will? Online Will - From $0 to ~$100+ Lawyer - ~$400 for a lawyer specializing in Wills & Estates but range can be from $99 to $5000. (See Guide on how to find the right lawyer) Non-legal Will writing companies - Somewhere between online Will and lawyers although we have seen some that charges more than lawyers. For more information , check out our Guide or start comparing on our Marketplace What can’t you give away in your Will? Central Provident Fund (CPF) You can decide where your CPF savings will go by filling in a CPF nomination form separately. Without this form, your savings will be distributed according to the Intestate Succession Act. Make and Submit your CPF Nomination form online . Joint Assets eg. Joint bank accounts, properties co-owned via joint tenancy arrangements Why do you need to update or change your Will? You should constantly review and update your Will to keep it in line with how you want your assets distributed. Examples of major life events that may require you to update or change your Will includes: Changes in relationships: Increase in family size (birth of a child/grandchild) Divorce and remarriage If you made a Will before your marriage, your Will will automatically be revoked upon marriage. However, your Will will NOT be revoked upon divorce. Changes in assets: Purchase or sale of property Starting a new business Others: Change of religion Incapacity/death of beneficiary, executor, or guardian Changes in the law Change in your domicile (place where your permanent home is) What to do if you want to update/change your Will? There are two ways: You can opt for a codicil , which is an additional document that attaches to your Will. The main risk of this way is that the attachment might get lost, which could lead to serious problems. You can shred your old Will and make a new Will - Make sure you update your executors where this new Will is stored. What to do after you've written your Will? Your Will is an important document and should be stored in a safe place. Regardless of where you put it, make sure your executor and/or family knows where the Will is. Here are some ways to store your Will: In your own safety deposit box In the Wills registry . Note that the Wills registry don't keep actual Wills. Only details of the person making the Will, date of the Will, details of the person who drew up the Will and details of where the Will is stored. It costs SG$50 to deposit a Will record and SG$10 to search for a Will record. Note: There is a "beta" (ie, test) version of a new Singapore government initiative, My Legacy, that allows citizens and permanent residents to input will information (eg. where the will is stored and when it's made) online. In a financial institution's safety deposit box Use a Will custody service Some lawyers can keep your Will in their office What are the common reasons that people use to dispute a Will? Invalid Will The Will has failed formalities when it was drafted. Has no or poor mental capacity The person did not have a sound mind and didn't understand who he/she is giving the estates to when writing the Will. Undue influence The person has written the Will under influence by others or under duress, deviating from the person's true wishes. Fraud The person have signed the Will thinking it was another document at the time. Did not provide reasonably for some dependents According to the Inheritance (Family Provision) Act , some dependent/family member can request the court for claims on an estate if the dependent believes that he/she hasn't been reasonably provided for. Read more: What Happens To My Stuff When I Die? (Singapore Edition) Guide To Making a Will - Singapore Edition How To Find The Right Lawyer For My Will? Online will vs Lawyer vs Will Writing Company - Which to Choose? Unsure which provider to choose for writing 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
- CPF Money - Should You Nominate Your Kids Or Spouse Directly?
The issue with nominating your kids or spouse as beneficiaries of your CPF money and have them inherit a large sum immediately after your passing is that the money may dissipate in the hands of the young person, or get mismanaged in the case of a vulnerable elderly, according to Chiwi Lee, Chief Executive Officer at estate and succession planning firm PreceptsGroup International. We spoke to Lee at a pre-event for the CPF & Your Retirement Forum , about potential solutions to overcome the issues with untimely inheritance. Name: Chiwi Lee Company: PreceptsGroup International Estate Planning Specialization: Trust Base Country: Singapore Anything Interesting: Watches YouTube every night to play golf better Q: Can you tell me more about yourself? How did Precepts come about? Lee: I graduated from law school and at the later part of my legal career, I was handling wealthier clients. I was looking at the area of succession planning and had the opportunity to do full time in the wealth management and trust sector. It was a mid-life career switch after 16 years in the legal industry. Rockwills Management Buyout Precepts was originally Rockwills Singapore. RockWills is a household brand in estate planning in Malaysia and in 2019, we did a management buyout. We rebranded and came up with the name Precepts, which stands for principles or guidelines for families. It is to manifest how we deal with clients and staff. Q: What’s the road map for Precepts going forward? Lee: We want to innovate in areas where technology can come in. An example will be our newly launched product called ProviTrust, which is a digital trust for CPF money and caters for the mass market. But when it comes to the kind of typical business that we operate in, most parts will still require the traditional kind of attention where the client needs to spend time and go through the various facets of their family objectives, the kind of assets they own, and it can be very varied. Artificial intelligence is not going to take over some of these aspects. If a person is going to leave behind wealth sources from various channels, from property to financial assets and across different countries, it requires bespoke planning. Q: Can you tell me more about ProviTrust? Why do you need a trust for CPF? Lee: CPF is a class of asset that many Singaporeans have and would be leaving money that could range from $150,000 to half a million dollars. More people are voluntarily putting in more money into their CPF account because of the returns that they could get. If you are looking at getting the maximum payout from CPF Life (a national longevity insurance annuity scheme), then the kind of retirement funds that you need to have is probably in the range of $250,000 to $300,000. Eventually the money will need to be passed on to somebody. Currently, CPF nomination is a simple mechanism where you nominate someone as a recipient and if you pass away, the nominee takes the money. This is where the issue lies. Minor, Elderly Nominee You might be leaving a substantial amount of money to a beneficiary who is very young. Can you imagine someone below 18-year-old receiving $200,000 overnight? That's a lot of money. Some people may name their spouse as the beneficiary and by the time the spouse receives the money, he/she could be an elderly person receiving $200,000 to $300,000 and this could cause a lot of problems. They could be vulnerable, they could be subject to undue influence and they could be cheated when someone knows about the situation and realizes that this elderly person has just received $300,000. Trusted Trustee In these situations, it makes sense for someone who can be trusted to be appointed the trustee and hold the money to ensure that the money will not dissipate in the hands of the young person, or potentially leak out in the case of a vulnerable elderly. There was a situation where the recipient who got the money happened to be an undischarged bankrupt. In the end, the recipient never benefited from the money and it ended up in the hands of creditors. Protecting Undischarged Bankrupt In cases like this, where the beneficiary is an undischarged bankrupt, in the midst of some sort of creditor claim or in the middle of a divorce, it makes sense for the trustee to withhold all the money, and only distribute the money at a later time when the adverse situation has passed. This is where ProviTrust will be appropriate. For people who just want to set up a practical and simple trust, where that $200,000 or $300,000 in their CPF account would be passed on to a trustee to be distributed in a certain manner after they pass on. Q: Why is nominating minor for CPF an issue? Isn’t it the guardian who will take charge of the minor’s money? Why use ProviTrust to nominate a trustee instead of just giving the money to the minors and have the guardian take charge of the spending? Lee: If you talk about minors and guardians, that is in the context of the estate , which is distinctive from CPF money. The fundamental difference is that CPF monies cannot be willed away and you have to do a CPF nomination. Related Articles: What Happens To My Stuff When I Die? (Singapore Edition) Guide To Making a Will - Singapore Edition How to Choose Beneficiary, Executor in My Will? If the minor is below 18, the minor cannot receive the CPF money. The Public Trustee will take the money and send it over to the nominee when he/she turns 18 years old. Before the nominee turns 18 years old, the money is held with the Public Trustee. Read More: Monies held-in-trust for minors With ProviTrust, the trust can receive the money and the trustee can distribute the money out to the minor or the guardian in the manner that you state. Q: How is ProviTrust different from the regular kind of trust and why did you come up with ProviTrust? Lee: What you are referring to is living trust. In a living trust , you can collate all the various channels of money sources, for example, CPF, insurance, properties and others into one trust. The assets may be transferred or are ear-marked to the trust when you are alive. Cost of Living Trust Generally, when you set up a living trust, you appoint a professional trustee to be the trustee of the fund. It’s going to cost several thousands of dollars to set up and draft the trust deed , and then there's a yearly administrative fee to manage the trust. The administrative fee could be anything from 0.5% to 1% or even 2% of the asset under management, depending on the service provider. Downside of Testamentary Trust An alternative to living trust is to embed a testamentary trust as part of the will . The trust only kicks in after you pass away and the trustee holds on to the money and only gives the money to the beneficiary at a later point in time. But you can’t appoint the testamentary trust as the nominee for CPF money because it only exists after you pass away and you need to appoint a nominee while you are still alive. Larger CPF Monies Over the years, the issue of CPF money seems to be more prevailing. In the old days, when we did wills and testamentary trusts or set up living trusts for clients, when it came to CPF monies, we had to tell the client to do a CPF nomination. But today, CPF is becoming more of an issue because people are leaving behind more money in their accounts. What is Standby Trust? Then, we introduced a trust solution called standby trust, which essentially is a vehicle where the money from the estate, insurance policy payouts, and CPF nomination could go into. The essence of a standby trust is that there is very little money in it. With us, you only put in $1,000, so there isn't very much for a trustee to do while the trust lies dormant. Because the vehicle exists, you could nominate this trust to receive the CPF nomination. Insurance policies that a client owns could also be assigned to a standby trust, but you cannot do that for testamentary trust. Birth of Digital Trust Standby trust is what birthed the idea of ProviTrust, where we explored a digital solution where people could seamlessly set up their own digital trust. We also asked ourselves if appointing professional remunerated trustee of $200,000 or $300,000 made sense. That may not be feasible if we were to charge our usual fees and that was what birthed the idea that we should facilitate people who simply wanted to appoint other individual persons, such as a trusted relative or friend, to be the trustee of their CPF money which will for many be of modest sums. Digital vs Non-Digital Trusts By doing it digitally and allowing people to appoint others as trustees, we bring the cost down to about $600. Obviously, it's quite different from having to come to our office to meet with us and spend an hour to go through the nuts and bolts of what a trust is, and to explain and talk about the pros and cons of setting up a trust. When we use this digital trust solution, all the information is available online. There are plenty of FAQs for people to understand and create a simple trust document. It is a simple document that is around one to two pages to deal with a single asset class, CPF money. Q: Is it like an online will where I basically put a person’s name and how I want to distribute my CPF money and then it generates a document? Lee: Yes. When you make an online will , which is filling in a template, you name beneficiaries and etc and a will is generated. Read more: The Ultimate Guide to Online Wills (Singapore) In the context of what we are doing, the ProviTrust digital trust is also simplified as much as possible. The trustee’s powers are all specified. We have made it in a way where you can state the percentages, how the beneficiary will receive the money, whether they will get it monthly, quarterly, or yearly and etc. It can be easily set up in about 30 minutes. Q: Anything interesting about you? What do you do on weekends? Any special talents? Lee: I'm an avid golfer. I practically watch YouTube every night on how to play golf better! I also enjoy music and play instruments including keyboard, guitar and violin. This interview has been edited for length. Wondering if setting up a trust is the right choice for you? Back to profile interviews > All articles and resources > Immortalize is an Elderhood marketplace and information provider. We make planning and executing your plans for ageing, retirement, legacy and everything elderhood-related simple, easy and comprehensive! Immortalize Who's Who series seeks to profile service providers in the legacy planning space to help you better identify and relate to the best, the most outstanding and the legitimate providers. Find a professional, compare prices, and kickstart your estate planning Disclaimer: Nothing in this article or site should be construed as providing legal advice or advice of any sort. The information provided are general in nature and may become inaccurate over time. Please consult a professional for advice. For any issues or queries, please contact j@immortalize.io
- Cryptocurrencies, Fragmented Families Complicate Estate Distribution: RHTLaw Asia
The increase significance of cryptocurrencies as an asset for people, and families becoming more fragmented as divorces become more prevalent means that estate distribution will become more complicated without a will or estate planning, according to Nandakumar Renganathan, deputy head of RHTLaw Asia’s litigation and dispute resolution practice. We spoke to Renganathan to discuss about legacy planning, including issues faced by gay couples. Name: Nandakumar Renganathan Company: RHTLaw Asia LLP Estate Planning Specialization: Structuring and dispute resolution Base Country: Singapore Service Style: Listener, Practical Anything Interesting: Adventure crime book lover Q: You are an equity partner at RHTLaw, how did it happen? Renganathan: I was at another law firm at that time. There was a split in the firm and half of the lawyers decided to leave and set up RHTLaw. This is probably the first time in Singapore’s history where a major law firm splits in half. It was not easy. The Startup Journey We started the law firm with 40 lawyers, and we were going into new premises that we needed to take up. We had obligations to the staff that we brought along, and it was hard because we were starting from scratch. We didn’t have infrastructure. All we had was our laptops and handphones and we worked off hotspot because we didn’t have internet connection. We were working with nothing but client loyalty and self-confidence. We were fortunate that business started coming in and we were able to sustain it and we grew from there. We just celebrated our 10th anniversary this year. Q: What’s a typical client for you? Renganathan: A lot of people that come to us tend to be in their 60s wanting to do some form of wealth planning for the next generation. But increasingly, we are also seeing people that are younger who are becoming more aware and putting more emphasis into balancing their wealth, especially if they are a high net worth individual. Their assets could be in the form of property, not just in Singapore but also in different jurisdictions. We’re also seeing cryptocurrencies forming part of the assets. The biggest part of what I do is in relation to structuring of assets and advising in relation to assets where there is likely potential dispute. The solution could be wills , agreements in relation to those assets, for example, deed of family arrangement , or others. Q: Are there any trends that are spurring people to do their estate planning? Renganathan: One of the trends that we see are families becoming more fragmented. In the early days, you have larger families of about seven or eight children. Some of the children are born to the family and others are adopted, sometimes informally. When you have passing of a parent, the question will arise as to whether the informally adopted children are entitled to part of the estate in the absence of a will. Prevalence of Divorces Over time, we found that families are becoming smaller and it became easier to identify the relationships. But in the last 15 years or so, divorces became more prevalent. You have people getting remarried again and the children with their new spouse or pre-existing children from their new spouse will become part of the family. If there is no will made, how the monies of deceased parents are going to be distributed will become more complex. Q: How often is property an issue in terms of dispute cases that you do? Renganathan: Property is a big part of disputes especially when the value of property and investments in property have gone up. But even in a declining market where disputes are fewer, you will still have issues and often in relation to contributions that have been made by people who bought the property. Gay Couples Think about it this way. When you are a married couple, you are probably not going to be talking about who owns what. Take a gay couple for example, gay couples function like any other couples. They buy property together but may not have an agreement between themselves on who owns what. Reality is, when people are in love, they make a lot of decisions which are emotional and not in their best interests. When the relationship breaks down, that’s when things go wrong. This applies not just to couples, but also to parents and their children. The question here is whether the shares of the property are properly defined and whose name is in the property? If there’s a dispute and you need lawyers to come in, then we have to try to establish the relationships, see if there’s a resulting trust that is formed in the relationship etc. What is recorded may not necessarily be what it is. Q: You mentioned gay couples which is very interesting. Singapore doesn’t recognize gay marriages so what happens when a gay partner dies? Renganathan: This is where there is a difference. Intestacy laws do not make provision for gay couples. Unless there is a will protecting the surviving partner or there’s an agreement in relation to the asset or property investment, the surviving partner will not be protected. We usually recommend an agreement so that both partners will be in a better position in the event of a breakup. I know a lot of them don’t think it through, just like married couples don’t think it through either. But at least for a married couple, you have intestacy law to protect the surviving spouse in the event that the partner passes away without a will, but it’s not there for those who are not in the traditional definition of marriage. Q: What if I get married in Taiwan or other jurisdictions that recognizes gay marriages? Renganathan: It becomes a bit more complex because issues of domicile will kick in as far as intestacy is concerned. The question that arises is if it’s better to get the l etters of administration where the marriage is recognized. Plan As A Family There are complexities that come from family relationships that people don't realize. Even when we do Lasting Power of Attorney (LPA) for our clients, we usually tell them, “Why don't you get the whole family involved?”. This is usually so that a common understanding can be arrived at between the key members of the family which hopefully minimizes the possibility of disputes in the future. Related Articles: Demystifying Lasting Power of Attorney (Singapore) Q: Why? Are there more benefits of doing it as a family versus individually? Renganathan: Because you need to appoint donees and the children, if they are over the age of 21, will have to think about how they want their parents to be taken care of if they lose mental capacity. Getting older or having the potential to become senile aren’t the only reasons that cause people to lose their mental capacity. I've had cases where people were riding their bike in East Coast Park and ended up in a coma. Scenarios such as getting involved in some accidents and developing illnesses such as cancer can cause you to lose mental capacity at an early stage in life. Closer Family Ties When you do the planning as a family, it becomes more transparent and creates a greater deal of openness between the family members. I’ve seen families coming together, sitting down to do it and it creates a certain closeness when they know that they are responsible for each other as they nominate each other to look after them if they lose mental capacity. In many ways, doing the LPA together contributes to family bonding and makes family relationships stronger. Q: When it comes to your client group, what are the common issues or dispute when it comes to property? Renganathan: The more common issue would be whether someone has some indirect contributions made towards the purchase of the property. You have cases where sometimes not all contributions are captured and documented. When an estate distribution is going to be made, they would want these indirect contributions to be priced in. The beneficiary will say, “Hey, hang on a bit, not the entire property belongs to the deceased, some part of it actually belongs to me.” Property Inheritance & Disputes There are also issues on how and when to sell the property. If the market is down, people may not want to sell the property because they can get better value if the property market goes up. But because nobody can time the market, it's hard to say when it should be sold. On the other hand, you may have some beneficiaries that may want immediate realization for their own family circumstances. Something that’s becoming more prevalent is properties being owned by more than two people, either because they inherit it or they went to buy the property together. When that happens, the issues of getting everyone to agree on something becomes more pronounced and you may have to compel the other parties to sell or agree to hold. Read more: Property & Inheritance Selling 1/4 of a Property Just think about it from this perspective, if you own a quarter of a condominium, while you can sell a quarter of a condominium, is it easy to sell? You will likely have to sell the whole unit in order for you to be able to realize the benefit from that. Q: Any issues that you think people should be aware of going forward when it comes to estate planning? Renganathan: With cryptocurrencies kicking in right now, the dynamics have changed quite significantly. When you have a crypto wallet and you do not have your password, no one can get into that wallet. Inheritance of Cryptocurrencies You have to rethink where this information is kept and how this information is going to be checked, whether it's going to be kept at a certain location by certain people or are there other ways to keep it. I think cryptocurrencies and how to navigate this new economy is going to kick in for a lot of estates. Succession Planning The other issue is when the deceased is a shareholder of multiple companies. I have had scenarios where families are either unaware that a deceased is a shareholder of companies or don’t know what these companies do. Are they active businesses? Do they have employees? A lot of time, the family doesn’t know what the business entails, especially if the business is run with other partners and without succession planning, it creates a lot of turmoil for the family. Q: What is your interest? What do you do on weekends? Renganathan: I usually spend my weekends reading books on adventure crimes like international espionage. If not, I will be spending time with the kids. Particularly with all these teenage suicides going on, I try to spend more time talking to them, finding out if they are stressed about anything and what they want. Earlier in my career, I spent a lot of time doing pro bono work. Helping people was why I decided to become a lawyer. When I retire, I want to spend more time doing pro bono work to keep myself engaged. This interview has been edited for length. Read more: How To Find The Right Lawyer For My Will? Guide To Making a Will - Singapore Edition Not sure if this lawyer is suitable for you? Back to profile interviews > All articles and resources > Immortalize is an Elderhood marketplace and information provider. We make planning and executing your plans for ageing, retirement, legacy and everything elderhood-related simple, easy and comprehensive! Immortalize Who's Who series seeks to profile service providers in the legacy planning space to help you better identify and relate to the best, the most outstanding and the legitimate providers. Find a professional, compare prices, and kickstart your estate planning Disclaimer: Nothing in this article or site should be construed as providing legal advice or advice of any sort. The information provided are general in nature and may become inaccurate over time. Please consult a professional for advice. For any issues or queries, please contact j@immortalize.io
- Your Asset Detail May No Longer Be Private After You Die, Singapore Probate Lawyer Says
In the U.S., if your will goes through the probate process (a legal process before one's estate can be distributed), the details of your will becomes public information. While it isn’t as exposed in Singapore, interested parties with reasons can go through a court application and your will could be “reasonably available” to them, according to Lee Shen Han, lawyer at Bonsai Law Corporation. We spoke to Shen Han to better understand the common issues around probate that you need to know. Name: Lee Shen Han Company: Bonsai Law Corporation Estate Planning Specialization: Probate and Administration Base Country: Singapore Service Style: Fast, straightforward, and personable Anything Interesting: Stockbroker turned lawyer Q: Can you tell me more about yourself? Why did you decide to go into law? Lee: I used to be a stockbroker. After doing this for a while, I decided it wasn’t something that I wanted to do for the rest of my life. I quit my job, travelled for a while, and went to the UK to study law before coming back to take the bar. After practicing for 4 years, I came out to start my own firm. Q: What are your focus areas? Lee: My key focus areas are (1) probate, administration and estate planning ; (2) divorce and family law; and (3) civil litigation. Out of these three areas, my favorite practice is in estate planning, probate and administration. It’s also where my interest lies because it’s easier to make a difference in this aspect of law. Q: What’s a typical client for you? Lee: I cater to those who are fairly in tune with technology. This is probably because I structure my workflow in such a way that my clients are aware of the requirements and processes that they have to follow from the beginning in order for the probate application to proceed smoothly. Q: One of the reasons why Immortalize reached out to you is because you are very transparent with your information and your pricing, which is very different from many other law firms. Why did you decide to take this approach? Lee: It’s good for the consumer as well as the law firm. In this day and age, everybody wants to know exactly what they are paying for and what they will be getting. With transparent pricing, consumers know exactly what they are getting, and you will be less likely to have unhappy clients. I follow this mantra as a consumer as well. When I purchase a product or service, I would like as detailed a breakdown of what I’m buying as possible. At the end of the day, I understand that all businesses need to turn a profit but the more I know about the specifics of what a business is offering me and what they are providing, the more likely I will be to engage and buy the product or service. Q: What are the common issues with probate? Lee: One of the main issues in probate are wills that are not well-drafted. Generally, the majority of these wills are homemade wills but occasionally wills done by will-writing companies or even law firms can have issues. Generally, the wills will not necessarily be invalid, but may face problems during the probate application. A common scenario is when the attestation clause has no interpretation. For example, the testator (person wanting to write the will) affixes a thumb print instead of signing but there is no mention whether the testator reads and understands English or whether the will has been explained to the testator in a language he/she understands. It’s not always the case, but if someone is signing in language other than English or affixing a thumbprint, it’s possible that this person doesn't understand English or is illiterate. This tends to show up on the Court’s radar and the Court may then request for further information from the witnesses to the will, further complicating the probate process. Read more: All About Probate & Administration (Singapore Edition) Q: Why is it that in your fixed fee to extract a grant of probate for non-Muslims, the value of the estate needs to be less than SG$3 million? Lee: If the estate is more than $3 million, the filing fees are higher. Q: Any reasons why people should still do a will even if intestacy law applies to them? Lee: It varies from individual to individual but there are many reasons to do so. If you’re a parent, you can appoint a guardian (person appointed to take care of the children if both parents die) of your choice in your will. If you want a specific person to be the executor and not somebody that falls under the priority structure of the Intestate Succession Act , you can only do this through a will. Another scenario and one that seems to be becoming increasingly popular is giving a gift to charities, which can also only be done through a will. Read more: What Happens To My Stuff When I Die? (Singapore Edition) Q: Any advice that you want to tell people if they want to get a probate so that the process would be smoother? Lee: Well, avoiding the probate process altogether would probably be the simplest way of doing things. It’s not always possible to avoid probate entirely but there are some ways in which you can attempt to do so through the use of trusts and/or joint-name assets. Q: It’s interesting that you mentioned avoiding probate. In the US, it seems that avoiding probate is a reason why people look at estate planning because once the will gets through the probate process, it becomes public. Is that the case for Singapore? Lee: It won’t exactly be public but it is possible to gain access to the contents of the will through a court application after the probate. Q: Is it available to anyone who applies? Lee: You’ll have to provide appropriate reasons to the court but it should be reasonably available to an interested party. Q: Any upcoming trends in the estate planning space? Lee: One trend I’ve noticed is the use of free online will generators. There’s nothing wrong with trying to DIY but these online will generators tend to be structured in a way that you can only do things in a certain way. Read more: The Ultimate Guide to Online Wills (Singapore) What this means is that a layperson may end up churning out a will that goes against his/her actual intentions. I’ve encountered a scenario where the will generated states, “I give my immovable property at XYZ address to my daughter absolutely” before going on to state “I give my immovable property at XYZ address to my son absolutely”. Problem With DIY Will You can’t give away the same property to more than one person absolutely but because of how some of these online platforms are structured, the will-generator doesn't allow for the will to gift the property in percentages. A layperson who’s not familiar with the law surrounding wills may then end up using the online will generator to give a property to one person, absolutely, and then accidentally give the same property to another person, absolutely. In such situations, the probate process may turn out to be more expensive because the Court may flag out these discrepancies and ask the law firm handling the probate to address these issues. Q: What’s your interest? Lee: I’m interested in writing and technology. I’m generally curious about tech startups and I have previously self-published books on app development and software-as-a-service (SaaS) business models. I’m fascinated by the intersection between technology and law, and my guess is that the unicorns of the legal industry in the future will be lawyers who are able to code and are competent in their areas of practice. Similar to how startups look for full-stack developers, law firms will start looking out for full-stack lawyers. This interview has been edited for length. Read more: How To Find The Right Lawyer For My Will? Guide To Making a Will - Singapore Edition Not sure if this lawyer is suitable for you? Back to profile interviews > All articles and resources > Immortalize is an Elderhood marketplace and information provider. We make planning and executing your plans for ageing, retirement, legacy and everything elderhood-related simple, easy and comprehensive! Immortalize Who's Who series seeks to profile service providers in the legacy planning space to help you better identify and relate to the best, the most outstanding and the legitimate providers. Find a professional, compare prices, and kickstart your estate planning Disclaimer: Nothing in this article or site should be construed as providing legal advice or advice of any sort. The information provided are general in nature and may become inaccurate over time. Please consult a professional for advice. For any issues or queries, please contact j@immortalize.io
- Young Rising Stars: Sarah-Mae Thomas On Starting A Law Firm at 30
At 30, most lawyers either have their heads buried deep in work or are trying to figure out how to get out of work that has consumed their lives. Not Sarah-Mae. She ditched the comfort and safety of a regular pay and took the risky and uncertain path of starting her own law firm. Immortalize spoke to Sarah-Mae Thomas, managing director at Sarah-Mae Thomas LLC, about her entrepreneur journey, experience transitioning from Australia to Singapore and helping expats with their estates and family issues. Name: Sarah-Mae Thomas Company: Sarah-Mae Thomas LLC Estate Planning Specialization: Mental capacity Base Country: Singapore Service Style: Collaborative and international Anything Interesting: Designated dance choreographer at friends’ weddings Q: Can you tell me more about yourself? Why did you decide to go into law? Thomas: I have always been very passionate about justice and helping people in difficult situations. There was once when my mum and brother were having an argument. I mediated between them and my mum said, “Sarah-Mae, I think you’d make an excellent judge!”. I replied, “I’m going to study ‘judgery’!” and my mum said “No, you need to study law, not judgery”. I was five years old and decided then that I wanted to be a lawyer. Q: Did you start your career in Singapore? Thomas: No. I was born in Singapore, did primary school here, and moved to Melbourne at 12 years old. Q: Why did you move there? Thomas: Education. My parents thought the education system here was too much of a pressure cooker and decided that Australia would be best to provide us with a more well-rounded education. And that’s what we did. We packed our bags and migrated to Melbourne, Australia. Q: When did you come back to Singapore and why? Thomas: 6 years ago. My dad had always been in Singapore. He would spend a week every month in Melbourne with us, whereas my mum was stationed there. She had moved back with my brother after 10 years and it was just me alone in Melbourne. That was when I decided that I wanted to move back home because I want to be with my family. Q: What was your career progression like? Thomas: I graduated from Monash University, did my traineeship, and worked as a solicitor in Melbourne. When I moved back to Singapore, I joined a large firm here and while I had a good experience, it was not what I had wanted. I would be churning out cases and had no real client contact. It was all about billables and crunching numbers and what I wanted was to have a more interactive personable experience with clients. After 2 years at the large firm, I moved to a boutique practice. There, I went under tutelage with a very respectable family lawyer before deciding to start my own firm. Q: Why did you decide to set up your own firm? Thomas: I’ve always wanted to run my own business. When I was 15, I had entrepreneurial ideas in this folder called “My Big Dream”, which stored my business plans. Sometimes when I took the train, I dreamt about starting my own company although I never thought it would be a law firm. My desire grew stronger when I moved to Singapore because I felt that Singapore law firms don’t have a focus on thought leadership at an associate level. Associates are often given a file, and you do it. That’s it. You don’t bounce off ideas at lunch meetings and you don’t discuss about business development. I realized that to do what I wanted to do, I had to either be a partner or move up to some management position, and that would have taken at least 10 years. Industrial Revolution Battles One of the motivations for starting my own firm was that I got to create the culture and set the tone. I don’t have to convince leadership. That was a price I paid when I moved back to Singapore. I was fighting battles that I thought would have been fought in the industrial revolution. People worked till 2am and came in on weekends. I remembered during Chinese New Year, if you had two days off as public holidays, it was given that one of the two days you had to come in to work all day. Modern-Day Slavery To me, that translates to modern-day slavery. The boss thinks that they own you, pay you a minimum salary and your life becomes work. When I tried to speak to management about the importance of work-life balance, they would say “All these millennials, they don’t know anything about hard work”, which was not true. The conversation should be “How can we work efficiently between 9 to 6”. In Australia, if you left at 7pm, people would think that you’re weird. Do you not have a social life? Do you not have a family? It was frowned upon. Whereas here, it was a norm. 9pm was normal, and I disagree with that. Q: That didn’t make you want to go back to Australia? Thomas: Many times. I wanted to throw in the blanket and go back to Australia. It’s so much easier. But my family is here, I made the decision, and I’m not a quitter. Everyone who’s forced to change in a certain situation either have a choice to sink or swim. I can be the thought leader, start a revolution and be a pioneer. You’re always that one single voice that sounds crazy until the revolution becomes the norm. I wanted to go back to Australia every day for the first five years, until one day, I realized that I needed to have a different mindset. I needed to make my experience in Singapore the best experience. Australia isn’t perfect too and how do I integrate the best of both worlds? Q: What’s bad about Australia? Thomas: I wouldn’t say bad, but what Singapore does better is that the court system is one of the most effective and fastest system in the world. When you get a divorce claim or any claim through the court system, Singapore is much faster than Australia, India, US, or UK from start to end. They have timelines and they stick to it, and that’s what Singapore does well. If you have a problem that you need help in Australia, you will probably get an answer in three weeks. But in Singapore, it’ll probably be up to three days. I wanted efficiency without the downside of work-life balance. Q: Why did you choose to specialize in family law? Thomas: Initially, I didn't want to touch this area because I didn’t want to be involved in breaking up a family unit. Over time, as I started getting exposed to family law cases, I realized that this is an amazing area of law because I actually get to help people in very volatile situations. Even though I don’t condone divorce, I think it’s the last resort for situations like domestic violence and when the family is severely dysfunctional. I began to realize that I am in a place where I can help and make a difference. Q: What are the difficulties that you are facing right now as a start-up law firm? Compared to the comfort you had when you are in a bigger firm? Thomas: There’s always something challenging. When we’re launching, the challenge is to get business. Once people start hearing about us, they refer others to us so having that traction becomes important but also challenging. Q: Who are your target clients and what’s your specialization in the estate planning side of things? Thomas: Expats are my target clients. Mental capacity, in particular, Lasting Power of Attorney (“LPA”) . Q: What are the issues that expats should take note of when doing their LPA or Will in Singapore? Thomas: They will need to decide if they want to do an international will or a local will. An international will covers assets in multiple countries while a local will covers assets in one country. The LPA that you file in Singapore will only cover Singapore. If you expect to live in other countries, you will have to do an LPA-equivalent in other countries. Also, the wills and LPAs have to be checked to make sure that they don’t contradict each other. Make sure you get proper advice for your properties in various countries. Things to consider include inheritance tax, extracting the grant of probate and in the event of country-specific wills, ensure that your will in one country doesn’t deal with any property in another country. Q: Anything interesting about you besides work? Thomas: In Australia, I used to run Bollywood dance classes and now, I use that skill to come up with dance routines at friends’ weddings. Before Covid-19, I would attend many weddings and be asked to dance in almost all of them. I also run a podcast called “ The Legal Eagle Podcast ” where I invite people to talk about various legal and social issues. I have always enjoyed hosting, emceeing, public speaking, and debating so I thought this was just a natural progression that I could fit in between my law work. This interview has been edited for length. Read more: What Happens To My Stuff When I Die? (Singapore Edition) How To Find The Right Lawyer For My Will? Guide To Making a Will - Singapore Edition Want to know if this lawyer is suitable for you? Back to profile interviews > All articles and resources > Immortalize is an Elderhood marketplace and information provider. We make planning and executing your plans for ageing, retirement, legacy and everything elderhood-related simple, easy and comprehensive! Immortalize Who's Who series seeks to profile service providers in the legacy planning space to help you better identify and relate to the best, the most outstanding and the legitimate providers. Find a professional, compare prices, and kickstart your estate planning Disclaimer: Nothing in this article or site should be construed as providing legal advice or advice of any sort. The information provided are general in nature and may become inaccurate over time. Please consult a professional for advice. For any issues or queries, please contact j@immortalize.io
- Tale of A Retired Lawyer Striking Back at Online Will Industry With An Online Will
We have all heard of how online wills are disrupting the heavily guarded legal industry when it comes to will making and estate planning. The online will creators are usually young lawyers or people outside the industry. This interview feels more like the legal empire striking back, saying “Hey, we will disrupt you and do a better online will.” We spoke to the co-founder of digital will company ezWills, a retired Wills and Estate lawyer who prefers not to be identified, about the common traps of online wills and why he decided to start ezWills. Name: Prefers not to be identified (“A”) Company: ezWills Base Country: Singapore Check out ezWill's ranking on Immortalize's Online Will Ratings Q: How did ezWills start? A: ezWills was started following a conversation between my co-founder and I in February 2016. I am a retired lawyer with over 30 years of experience and spent the last decade doing Wills and Estate matters on a daily basis. My co-founder is a serial entrepreneur who was then running an IT consultancy providing mission critical solutions to major corporations. Only The Essential Together, we worked to simplify the will making process and share with people our experience not just in will making, but also in estate litigation. The more experienced one is, the more you’ll know how easy it is to create problems unintentionally when making a will that’s complex. For this reason, ezWills doesn’t aim to create a will that does anything and everything. We want to help people create a will that does what is needed and is correct. We leave out all that’s not essential or critical. If you need a simple will and cannot afford the fees for a lawyer, we’re here to help. For complicated and complex matters, please go to a law firm. Seriously. Q: Can you tell me more about your history? A: There’s not a lot that I can say. When your batch of NUS Law School graduates produced several High Court and State Court judges, several Senior Counsels and several with doctorates, what can anyone say that won’t pale in comparison? Going to a class reunion is especially hazardous – think about whose car you might knock in the car park! Besides advising and helping clients create their wills, I have acted as executor of clients’ estates a fair bit over the years. As an executor , I have had to defend against claims made on the estate. I have also acted for estates in challenges to wills made by deceased clients . Q: What made you want to do a digital will? A: Over the years of helping clients make their wills, I could see certain “patterns”. For instance, the circumstances that prompted people to make or update their wills, the standard types of wills made by people with young children and etc. I could also see that many young people who have a lot to lose were not taking any steps to make their wills. I even had staff who had young children who still didn’t make their wills until I asked them “If something happened to you and your spouse, who is going to raise your kid/s?”. Given that legal staff get to do their will for free, there’s really no excuse but this situation is more common than people realize. Few & No Excuse Creating ezWills was about pushing out the message and making it so easy and convenient that there really are very few excuses for anyone not to make their will. Rather than a website that asks for a form to be filled and making you wait days before sending the draft will, we set out to develop a platform that would allow a user to get the will immediately. Immediate delivery of a will is especially important if you need it urgently. We’ve already had one ezWills user tell us she needed a will as she was terminally ill. (Read here to find out how Covid-19 restrictions mean some terminally ill patients can't get a lawyer to do their will) Q: What kind of people will be most suitable to use your product? A: Someone needing to make a will urgently will find that there’s no waiting and no ‘office closed’ to worry about with ezWills. ezWills fills that gap for people wishing to make a simple, uncomplicated Will and cannot afford to pay the fees charged by law firms. ezWills is ‘anonymous’. So the LGBT+ community can use it freely and very discretely plus we have attempted to be gender neutral in our wills. We’ve also had expats using ezWills to make a will for their assets in Singapore only and thus, preserving their wills made in other countries. Q: I noticed that too. One of the factors that piqued my interest about ezWills is the International Will component and the unconventional tools tips such as the one on the need for family provision. These are the sort of things that comes up in my conversations with lawyers but I don’t see it in digital wills at all. Is that your differentiating factor? Why did you decide to include those? A: No, we weren’t trying to differentiate from anyone else. Singapore is an international city and not only are there many foreigners living in Singapore, there are also many Singaporeans who own assets overseas. There are people who may want to make a will for all their assets world-wide, but there are also people who may want to make a will for their Singapore assets only. This is so that their overseas will can remain in force and not be revoked when making a new will in Singapore. Making a will in each country where you have significant assets means probate can be obtained quickly. Instead of waiting for probate to be granted in the first country, then applying in the next country to get the probate re-sealed, you can apply for a probate in more than one country at the same time. This is much faster. Legal Obligation to Provide As for family provision, we mentioned the Inheritance (Family Provision) Act because that’s the responsible thing to do. It’s possible for someone who is married to leave everything to a child and nothing for the spouse and have no idea that he/she has overlooked the legal requirement to provide for the spouse. Our questions are designed differently. From what I know, most sites are doing the equivalent of ‘Let’s start with a blank sheet of paper and what would you like to put in it?’ Deviation From Norm We’ve started with the sort of ‘standard’ will most people make and our questions basically find out how different from such a standard will the user wants to be. All the tips we offer are drawn from experience as well as an understanding of the things people get wrong, for example, making a specific gift of a specific bank account and the funds in it. It’s not what I think is right but what I know is right as I’ve seen what happens when these simple tips aren’t followed. Q: What's the downside of using your product directly? Compared to going to a law firm or will writing firms? A: ezWills is not for everyone. ezWills is not competing with law firms. Even though we have the know how to create complicated wills with testamentary trusts, we say you should go to a law firm if you need such wills. The more complex a will is, the more likely you may misunderstand something important so you need to sit down and have everything explained to you thoroughly rather than attempt to do it online just to save money. Ideally, use a law firm for a complex will as experienced lawyers know what and where the ‘traps’ are. Non-lawyer will writing firms may not have the knowledge or experience when you have a complex family situation. Unsuitable Situations ezWills also displays a clear disclaimer that it is not for use by Muslims. Islamic inheritance law is complicated. ezWills has no desire to be irresponsible by claiming our site can be used to make a Wasiat when we have such limited knowledge in that area. One “downside” with ezWills is that we refuse to be distracted by the ‘fancy’ stuff and our wills do not cater for the unimportant and inconsequential. For a will to be valid you don’t need to say where your ashes should be kept or who you want to take care of your pet dog. Having these sorts of matter in a will means you need to continually change your will (eg if your dog dies). Instead of having non-critical stuff in your will, you should put it in a Letter of Wishes. All our wills come with a complimentary Letter of Wishes template at no extra charge. Q: Is there any new or potentially new trend in this space that may be why people will need your product? A: So far the main factor that pushes a person into making a will is a realization that one may pass away unexpectedly. COVID-19 is another reminder. ezWills supports what Immortalize is aiming to do. There is a need for people to have a conversation about death including what may happen if someone dies unexpectedly. The sooner people realize this the better. Hopefully there doesn’t have to be a plane crash or a pandemic for people to understand that the outcome of not planning for an unexpected death can be really bad. Unfortunate Turn of Events If we can start a trend of people asking ‘What would happen if I die suddenly?’ it would result in better planning for most people as opposed to most people having no plan at all other than having bought life insurance. How unexpected can death be? After ezWills went live, I was in discussions with one of my ex-partners about starting a similar site in England where he was practicing. One moment, we were exchanging emails and the next moment, I found out that he had died! I was shocked. He was 59. People who haven’t made their will shouldn’t delay. Q: What are your hobbies? Anything interesting and personal about you to add? Since you are retired now, what do you do on most days besides attending to ezWills matters? A: When I first started work, the other law graduate who shared a room with me made an observation. She mentioned that I was quite incapable of sitting idle and always coming up with some new idea. I guess time hasn’t changed me much. I had another internet start-up from about 4 years ago and also a bricks and mortar business. COVID-19 made both meaningless to continue and they have now been terminated. No doubt it’s a matter of time before I venture into yet another project. For now, COVID-19 developments dictate what activities are possible and what are not. This interview has been edited for length. Read more: The Ultimate Guide to Online Wills (Singapore) Best Digital, Online Wills in Singapore What Happens To My Stuff When I Die? (Singapore Edition) Want to know if this online will is suitable for you? Back to profile interviews > All articles and resources > Immortalize is an Elderhood marketplace and information provider. We make planning and executing your plans for ageing, retirement, legacy and everything elderhood-related simple, easy and comprehensive! Immortalize Who's Who series seeks to profile service providers in the legacy planning space to help you better identify and relate to the best, the most outstanding and the legitimate providers. Find a professional, compare prices, and kickstart your estate planning Disclaimer: Nothing in this article or site should be construed as providing legal advice or advice of any sort. The information provided are general in nature and may become inaccurate over time. Please consult a professional for advice. For any issues or queries, please contact j@immortalize.io
- Muslim Estate Distribution is Bias for Men. Here’s Why
In the default estate distribution under Muslim law, the son gets a larger share of the estate compared to the daughter because he is expected to take care of his female sibling, according to Abdul Rahman, managing director at Singapore-based Abdul Rahman Law Corp. Immortalize spoke to Rahman on the rationale of this rule in modern day context and what Muslims can do to fulfil their religious obligation of preparing for death. Name: Abdul Rahman Company: Abdul Rahman Law Corporation Estate Planning Specialization: Muslim Law Base Country: Singapore Service Style: Patient, compassionate, professional Something interesting: Love to build things, love cars Q: Why did you decide to start your own practice as opposed to joining a big law firm? Rahman: I’m the kind of person who can’t work well for others. I started my own business when I was 18 years old. I used to sell car parts for pocket money. Halfway through university, I started selling IT products for pocket money. I guess being my own boss has always been part and parcel of who I am. Q: Have you worked in other law firms? Rahman: As part of getting called to the bar to become a lawyer, I would need to do a training contract. During then, I did work in a law firm and later on, in another law firm as an independent associate. While I was an independent associate, I basically had no fixed salary. Whatever I could hunt and eat was what I would have. It was the best feeling and experience that one could get at running a practice. Q: What was your specialization at those law firms? Rahman: The most immediate, low hanging fruit were community matters with people around me such as friends, family and my community. Things like estate planning and Muslim wills , it’s a need of the community, an underserved segment and naturally, I did those. Q: What is the key specialization of your law firm? Rahman: We are a broad-based litigation firm and that includes family litigation like the dispute of assets in an estate. On the non-contentious aspect of things, we do corporate work and estate planning. There is an overlap among these two. In terms of estate planning, we go from drafting a simple will to more complex stuff like drawing a family charter to protect and insulate assets. Q: What’s a typical client for you? Rahman: The typical client for me will be couples who have children and extended families and in the segment of the market where they have financial security and may have multiple assets. They want to insulate and protect their wealth to make sure it stays within the family. Some of them also want that any payout to their children will be structured and protected so that their wealth is used well. Most of my clients are in the middle to upper middle-class income group and about 20 percent of my clients are ultra-high net worth individuals. Q: There are different school of thoughts for Muslims. Do you cover all of them? What’s the key difference between them? Rahman: Yes, I cover all schools. The different jurisprudence aspect within different schools of thoughts have different understandings as to how the estate should be distributed. We have the Sunnis and the Shias. Within the Sunnis, there are 4 different types of understanding in terms of the regulations of estate planning. Islam is a simple religion but when it comes to the nitty gritty details, there are multiple viewpoints. The multiple viewpoints are often seen as a blessing because it gives people different opportunities to apply the faith in different ways. Q: What are the common Muslim-specific estate planning issues that your clients go to you for? Rahman: If you look at the Muslim faith, it tells you to plan and prepare in advance so that you avoid difficulty after death. This is part of that responsibility of making sure that whatever needs to be done is actually done. For Muslims in Singapore, we have the Administration of Muslim Law Act . Under the act, it is compulsory for Muslims here to adhere to the tenets of Muslim law . The understanding of what Muslim law is has always been in question because the statue is silent on the definition of Muslim law. Within the ambit of Muslim law, there is a default position which we call the Faraid distribution. The next question will be is there any other forms of distribution that we can use apart from that. This is where the target focus area is for my clients because they want to fully explore what flexibility they have under the current regime and truthfully, not many people are acquainted or comfortable with doing it. Q: Is there any trends that you think may cause more Muslims to consider estate planning? Rahman: There were changes on the Islamic position on joint tenancy , CPF (Central Provident Fund or Singapore’s pension fund) and insurance nominations and setting up of trusts, especially for special needs children. Many are still grappling with these changes and people still don’t understand how they can utilize these exemptions or exceptions to their benefit when it comes to estate planning. Read: " The New Fatwa on Joint Tenancy: A Cinderella Story " Q: There are many online wills out there but nothing catered for Muslims until recently. What’s your view on Syariah digital will? Rahman: I’m all for tech. I believe that tech is something that we cannot shy away from, but I’m also a people person. I always prefer meeting people, going through and understanding their problems. You can have the best computer in the world, the best user experience, the best of everything, but at the end of the day, in my experience, clients still wants to see a person whom they can talk to, can hear their voices and then put pen to paper. Related Story: Online Wills Can Help Disadvantaged Muslims: Raymond Gabriel Q: Do you see it as disrupting your business? Rahman: Not really. If anything, it will add to business. These are different market niches. For people who like and want to adopt tech, they will do a digital will . But there will be a whole other market segment that doesn’t want tech and they still like the process of seeing someone. Q: Any comments on why people should see a lawyer instead of doing their own will? Rahman: Many people will be troubled by the fact that there is a default position. They will think that the default position is the automatic position that you need to assume. But in reality, the laws are extremely flexible and they are flexible enough for you to take active steps in doing estate planning. So, if you don't take the time to actually learn and understand it from a lawyer, you are setting yourself up for disputes and failure. Traditional Approach vs Modern Context For example, sometimes we have a lot of problems with the traditional approach towards distribution where if you have sons, the sons get two shares and the daughter gets one share. Many people don’t take the time to understand why that’s the case. In reality, the sons get two shares because one share is for them to spend on themselves but the other share is for them to spend on their female siblings. It’s part of the perspective within the religion that the brothers remain responsible for their sisters. But taken into modern context, given the lack of responsibility over siblings, do you still want to continue with that kind of distributions or do you want to do other kinds of distributions? Do you want to do equal distribution or is it the situation where some of your children support you more than others? This is the kind of reason why you would look for a lawyer. Q: Anything interesting about you? Rahman: I always joke that if I didn’t become a lawyer, I will probably be doing construction work. I like to build things. I am a simple man. I like building things with my hands. I also like very fast car. Q: Do you have a collection of cars? Rahman: No, but I am known to change my car every six months. Q: You like cars and you like to build things. Does that mean you have a lot of clients who are business owners because you can associate more with them? Rahman: Actually no. We market ourselves as for the “common man”. We help the common man more than anyone else. Dealing with people who are in need and underserved has always been where we are. It’s not just about marketing to sell them things but also giving back. We do CSR (corporate social responsibility) work extensively. We engage the community like taking people from old folks home for dinner and spending time with orphans. During festive seasons, we always bring people out to get free grocery, free food, free everything. That is the hallmark of our firm. Q: How much of this CSR work is marketing? What’s in it for you to do such things? Rahman: The agenda, truthfully, is to give back. Whether anything comes out of it is another thing. Q: Is there a particular group of people that you target for CSR? Rahman: Old folks and orphans. Q: Why? Rahman: When I was in university, during fasting month, one of my friends organized a break fast session at an old folks home. I was there taking photos and then suddenly, one of my friend sat beside this old lady and she couldn’t stop hugging him. We were like “Why she is hugging him?” and she said “I’m sorry that I’m hugging you. It’s just that I miss my son so much and he doesn’t visit at all”. That left a lasting impression on me. That incident made me feel that old folks are sometimes forgotten. People don’t really want to visit them. If you talk about orphans, and we support orphans as well, everyone wants to go and support them. Everybody wants to support the orphanage. But less people think about the old folks, what are they doing, whether they have enough money, whether they have pocket money and because of that, they are our key target. Q: Is there any personal circumstances that made old folks resonate more with you? Rahman: I wouldn’t want to be in the situation. It makes me feel crappy to think that you worked your whole life, you save enough money, you feed your kids and at the end of the day, you just end up in the old folks home. Nobody wants to visit you. Nobody wants to see you. Q: Do you do estate planning for them? Rahman: We do extensive free estate planning for people with cancer and people who are dying. The number of times I’ve gone to a hospital, me and my staff always joke that sometimes, we feel like the angels of death. We come, sign a will and then the next day the family says the person is gone. This interview has been edited for length. Read more: How Does Muslim Inheritance Work in Singapore? Want to know if you need a Muslim will? Back to profile interviews > All articles and resources > Immortalize is an Elderhood marketplace and information provider. We make planning and executing your plans for ageing, retirement, legacy and everything elderhood-related simple, easy and comprehensive! Immortalize Who's Who series seeks to profile service providers in the legacy planning space to help you better identify and relate to the best, the most outstanding and the legitimate providers. Find a professional, compare prices, and kickstart your estate planning Disclaimer: Nothing in this article or site should be construed as providing legal advice or advice of any sort. The information provided are general in nature and may become inaccurate over time. Please consult a professional for advice. For any issues or queries, please contact j@immortalize.io
- Online Wills Can Help Disadvantaged Muslims: Raymond Gabriel
A corporate lawyer who was scammed and left penniless by his ex-girlfriend’s father, Raymond Gabriel, Group CEO of digital will company CreateWills, turns his anger into motivation and created the first Syariah digital will in Southeast Asia. The social entrepreneur aims to not just lower will writing cost for the Muslim community, but also help families decipher the complexity of estate distribution under Syariah law. Name: Raymond Gabriel Company: CreateWills Position: Group CEO, Co-founder Base Country: Malaysia Something interesting: Scam victim turned social entrepreneur Check out CreateWills' ranking on Immortalize's Online Will Ratings Q: Are you a Muslim? How did you end up creating a Syariah digital will? Gabriel: No, I am not a Muslim. I have a legal background, and about five years ago, I had a call from two people who are now my business partners. They were working with digital wills in the UK and asked me to join them. I didn’t immediately agree, thought about it a bit more and noticed that there were opportunities in the Syariah will market. Syariah wills are done manually and consists of two parts, the 30% Hibah portion which you can decide who you want to give, and the remaining 70% is governed by Faraid law and determines the distribution to your family and relatives. (The application of Muslim law varies in different jurisdictions. Please check with your lawyer on what’s relevant to you.) Syariah law is interesting because as a beneficiary, your inheritance can change based on, for example, whether there are sons, brothers, grandsons and others. It has a lot of permutations and I found that very interesting. Syariah Online Will Even though I am doing a lot of corporate work in the legal area, I took up about a year to study Syariah law, work with Islamic scholars and well known people who have written textbooks on Islamic law, and I put together a document that tries to have the most comprehensive Islamic view on estate planning . I went back and spoke to my two partners. I told them that there's this underserved market in the region. Everybody is doing Islamic wills only for the Hibah portion and because Faraid is so complex, digitizing it is difficult. One of the partner took my document, went back and ended up coding a Faraid algorithm. I went and got compliance to ensure that it’s fully Syariah compliant in Malaysia, Singapore and Indonesia and that’s how our Syariah digital will came about. This is the first fully digital will in terms of both Hibah and Faraid. As opposed to manual calculation, you can now do it online, enter information on how many wives, sons and other information, click a button, and immediately you see the whole breakdown of who inherits what. The algorithm even tells you who doesn't inherit. Q: How long has it been in the market? Gabriel: It has been in the market since May 2019. We started developing it about three and a half years ago, did a year of testing before we launched it. Q: Is there any trends out there that will expand the digital will market for you? Gabriel: One thing that has changed in the will industry is the cost of wills. People were doing digital wills the old way, adding charges per clause and per asset that you put in. People have tried to sell complexity to raise the price of goods. They make it complex but if you are an average person, it doesn’t have to be. To be very honest, if you really know the language and how to write it, you can write it on a tissue paper and get it done. What we’re trying to do is to bring down the cost and standardize the market. We let people use a simple, easy-to-use template and we build the legal clauses in the background. We remove the complexity while reducing the cost and having a comprehensive product. I think that's the value that is going to change people's perception and increase the uptake. Other factors like electronic signatures which results in full digitization of wills, and the coronavirus pandemic that’s causing people to be more aware of getting their affairs in order, will also drive digital will use. Q: Who is the target audience for your digital will? Gabriel: There’s a quote in the Quran, which I read and was confirmed by the Islamic scholars that I've worked with, that says it is not permissible for any Muslim to travel more than two nights a week without having his last will and testament done. It’s in the Quran, it's a statement by Prophet Mohammed and it's almost a religious obligation. [The Prophet Muhammad ordered all Muslims to prepare a Last Will & Testament Abdullah Ibn Umar narrated that the messenger of Allah (SAWS) said, "It is not permissible for any Muslim who has something to will to stay for two nights elsewhere without having his last Will and Testament written and kept ready with him" (Bukhari)] When I found it, I asked myself why is it that Muslims don't have a will when it’s a religious obligation? The answer comes down to cost - people can't afford it. They don’t understand Faraid because Faraid is so complex. So I think any Muslim who wants to follow religious obligations and get a will done at a good price would be our target market. Benefiting Muslim Women But our more important target group is Muslim women. For example, Muslim women sometimes pay for the house under the husband’s name, for tax and other reasons. When the husband dies, under Faraid, she's only entitled to one eighth of all the assets even though she's paying 50 percent of the house. However, there are some exceptions in Islam that you can use to protect your family. For example, there's something called a Hibah contract, where you can transfer the property to your wife. A lot of Muslim lawyers can do that. Once the property is transferred, it’s uncontestable. Related Story: Muslim Estate Distribution is Bias for Men. Here’s Why Another example would be to create a trust for family that holds your kids’ education money and other assets. You don't have to distribute it to the uncles and others, especially when there’s dispute within the relatives, who can be greedy and want your money. There are many solutions but you are not going to do them if you don't understand how the distribution works. By doing a will using our system, people can understand how the distribution works, find out if their family are going to be disadvantaged and take actions. That's why there's so much educational elements in our will. I want people to know what they are getting into, what happens when you don't do a will and the difficulties that women face. Widowed and Homeless I've heard enough stories, especially among the Muslim community. There was a high level banking officer that I talked to, at first she was very skeptical about our platform because it’s too cheap. Then I explained that I have a social purpose here. I think the entire industry is overcharging and there’s a lot of greed and people can’t afford it. She turned around and said, “I am a mother and a widow. My husband died and all the brothers forced me out of the house. I was left with my kid and we were all homeless. I admire what you are doing because you're really going to help Muslim women”. She went from being a housewife to getting a PhD in Syariah law focusing on estate planning. Q: Let’s get personal. Can you tell me more about you? Gabriel: I’m really interested in finding ways to do good and benefit groups of people and if I happen to profit from it, it’s an added thing. The more important thing is to solve a problem, to solve a community issue and that’s why I got interested in wills. When my partners first talked to me about conventional wills, I wasn’t very interested. But when I saw the problem in the Islamic legal sector, I got interested. Q: Was there a personal life experience that trigger this whole social entrepreneurship thing? Gabriel: When I was younger, I was just like everybody else. I wanted to make my first million by 30 years old. And then I got very badly cheated in business by my ex-girlfriend's father. At 25, he asked me to co-sign loans as a guarantor for the oil & gas company that I worked for. He said “I’m going to make you a director of the company”, “I think you are going to do well” and things like that. There were big contracts that we were bringing in. After I co-sign the loans and came back the next week, the offices were closed and everybody left. He sold off shares in the company and I have nothing left. That made me very angry for a long while because I am a lawyer, how can I be so stupid to trust him just because I think he’s my girlfriend’s father. The Breaking Point Of course, the relationship ended and my future father-in-law was behind everything. It was a very difficult time and there was a lot of soul searching for me. In that soul searching, I got an epiphany and felt that maybe I am going through this for a purpose. I always thought doing good is something you do when you are rich. I turned around and wanted to do something good because maybe there are other people who are in the same difficult situation as me. I started working off the debt and got myself financially stable. This new will company that I am working on, I think it’s going to solve some major issues for the Muslim communities and for people who don’t have wills. I’m very excited about using technology to bring impact and transformation for the communities and people. It’s not that I am a person who’s just doing good and charity. There is a convergence for me between doing a business and having a purpose and that’s work for me. This interview has been edited for length. Read more: How Does Muslim Inheritance Work in Singapore? Want to know whether this online will is suitable for you? Back to profile interviews > All articles and resources > Immortalize is an Elderhood marketplace and information provider. We make planning and executing your plans for ageing, retirement, legacy and everything elderhood-related simple, easy and comprehensive! Immortalize Who's Who series seeks to profile service providers in the legacy planning space to help you better identify and relate to the best, the most outstanding and the legitimate providers. Find a professional, compare prices, and kickstart your estate planning Disclaimer: Nothing in this article or site should be construed as providing legal advice or advice of any sort. The information provided are general in nature and may become inaccurate over time. Please consult a professional for advice. For any issues or queries, please contact j@immortalize.io