DeedPoll.sg has a refreshing new look, check it out.
We are in the process of upgrading all our sites (including this one) to serve you better.
Frequently Asked Questions on Singapore Laws and Legal Issues
General Issues relating to Singapore Deed Poll
Deed Poll is used only to change the name in your Identity Card, and cannot be used to change your name in your Marriage Certificate.
Please visit ICA's weblink at http://www.ica.gov.sg/page.aspx?pageid=140&secid=72
Loh Eben Ong & Partners have provided this prompt, innovative and convenient Online Legal Service since 1998, and many Singaporeans and Singapore Permanent Residents have utilised this online legal service. You can access this online service at Deed Poll Online at any time in the comfort of your home or office with our prompt and efficient service.
With effect from June 2004, to enhance the convenience for our users, we have introduced an Offline Deed Poll Submission service. Applicant may download any one of our Deed Poll Offline Forms and submit to us via email, post or fax.
These are some of the common reasons that a person wishes to change his/her name:-
1. Adopted a New Name of your choice or preference
2. Correct a wrongly spelt First Name and/or Surname
3. Insertion of married name
4. Insertion of baptism name
5. Insertion of religious name
6. Change the order of the existing Name
7. Add, delete or change the Chinese Character(s) of your Name
8. Add, delete or change the Tamil Character(s) of your Name
9. Delete your Hanyu Pinyin name [eg. (Chen WeiLing)] in your Identity Card
10. For auspicious reasons
S$60.00 (payment by NETS) (please check with ICA on their latest fee charges).
No. Under the Regulation 4 of the National Registration Regulations, the Chinese name must comprise only of Chinese characters found in the Chinese dictionary recognised by the Registrar.
Name or names that we consider vulgar, offensive, blasphemous or unsuitable or against the laws of Singapore.
We will also not accept an order for a Deed Poll that includes a name that would make people believe you had a conferred or inherited honour or title e.g. Dato, BBM, Sir, Lord, Judge, Lady, Baron, Baroness, Duke, Duchess etc. Our decision is final and no correspondence will be entered into as to our reason for rejection.
To change your Name in your Identity Card, you would require either one of the following:-
(a) a Deed Poll prepared by a Lawyer, and you have to sign the document in the presence of a Lawyer in Singapore, OR
(b) a Baptism Certificate for insertion of baptism name, OR
(c) a Religious Certificate for insertion of religious name, OR
(d) a Marriage Certificate for insertion of married name only.
Adult and Child (Over 1 Year's Old)
If you are an adult or your child (minor) is more than one (1) year old, you or your child can only change the name in the Identity Card. If you are a Singapore Permanent Resident, you can only change your name in your Singapore Blue Identity Card, and not your foreign Passport. Please check with ICA on their latest policies.
Child (Less Than 1 Year's Old)
A Deed Poll is a legal document signed by a person for change of his name. It has tobe signed by a parent if the person is below 21 years of age. Under Singapore law, a person changing his name has to replace his Singapore Identity Card within 28 days.
We do not provide advice on your New Name as it is a very personal choice. Only you can decide.
However, these are the general tips that you may wish to consider in choosing your New Name:-
1. you may decide whether to put a New First Name (eg. John) in front or rear of your Existing Name of "Tan Ong Wee", so that you New Name in your IC will appear as "John Tan Ong Wee" or "Tan Ong Wee John". Some may wish to add a comma "," so that your New Name will read as "John, Tan Ong Wee" or "Tan Ong Wee, John".
Changing Name for Minori (under 21 years)
No. For minors below 21 years of age, the Deed Poll must be executed by a parent. With effect from 1 June 2007, the consent of the other parent also has to be sought for the change of name.
Based on ICA's policy, the child’s name is an important symbol of his identity and his relationship with his parents. Hence, the consent of both parents must be sought before the child’s name can be changed.
Amendment to the name on the child's Birth Certificate (BC) will not be allowed after 1 year from date of birth.
Should parents wish to change the child's name, they may obtain a Deed Poll to effect the change. The Deed Poll should be produced together with the BC for official transactions (eg. school registration, application for passport etc) for the new name to be reflected. The Deed Poll should also be produced during the child's IC registration for the new name to be reflected on the NRIC.
From 1 June 2007, to effect a change of name of a minor, Immigration Checkpoints Authority (ICA) requires one parent to complete a form to declare that the minor’s other parent has also consented to the name change, in addition to producing the Deed Poll. If the other parent is uncontactable, the parent who has executed the Deed Poll must state this information on the Declaration Form accordingly.
Deed Poll Procedures - Applying Online or Offline through LAW.com.sg
You should apply for a replacement identity card within 28 days after you have changed your name by way of a Deed Poll.
We do not process Deed Poll application to be signed overseas. We require the applicant to be in Singapore to sign the formal Deed Poll in the presence of one of our lawyers.
However, if you are currently overseas and intend to return to Singapore soon (temporarily or permanently), you may apply for a Deed Poll (online or offline) first, and inform us of your intended date of return.
After application, please send us a cheque for S$50.00 (this is only a deposit or partial payment) issued in favour of Loh Eben Ong & Partners, being the non-refundable deposit, via post to our address.
Please read our terms and conditions at www.law.com.sg/disclaimer.htm .
If you are an adult, please bring along your Singapore Pink Identity Card (NRIC)/ Passport / NS Green IC, or Singapore Blue Identity Card (for Singapore PR).
For Minori, the Parent who is signing the Deed Poll has to bring his/her IC or Passport, and the Minor's original Birth Certificate to evidence the relationship.
What should I do after I've done a Deed Poll?
Immigration & Checkpoints Authority
Call at Counter 1, IC Section Citizen Services Centre
3rd Floor, ICA Building
10 Kallang Road
Singapore 208718
(Next to Lavender MRT station)
Operating Hours: Weekdays - 8 am to 5 pm
Saturdays - 8 am to 1 pm
Tel: (65) 6391 6100
Email: ica_feedback@ica.gov.sg
Website: http://www.ica.gov.sg
After the amendment of the name in the holder's NRIC, the onus of whether or not to have the change similarly updated in the Singapore Passport lies with the holder.
Information on an NRIC holder's change of name will not be transmitted to other governmental departments. It is advisable to notify the relevant government departments of your new name, and they may require to have sight of the original Deed Poll for verification. The onus of reporting the change to government organisations, departments, statutory boards (such as Central Provident Fund Board) and authorities (eg. Singapore Land Authority) with whom he/she has dealings with lies with the holder.
As your name (in English characters) in your Identity Card may have changed, it is advisable to notify the Banks and private institutions or bodies which you have dealing with of your new name. The onus of notifying such change of name lies with you. For verification, these institutions may require sight of the original Deed Poll.
Singapore Deed Poll's Charges
Please submit your request through this link at Deed Poll Quote at www.law.com.sg/deedpoll_quote.htm to obtain a prompt quote sent to your email address. (Preferred Mode available 24 hours - Online Quote). Alternatively, if you wish to obtain a verbal quote, please contact our office at (65) 6338 1810 (during office hours).
Adopting a Child in Singapore
During the proceedings, the Attorney-General will usually be appointed by the Court to be the guardian ad litem for the child. The Attorney-General will appoint a welfare officer from the Children & Young Persons Service, to conduct the necessary investigations concerning the proposed adoption. After such investigation, the officer will give an affidavit stating his findings of the investigation.
You should engage a Lawyer to prepare all relevant documents and file a petition in the prescribed format. Some of the documents which will be filed together with the petition are:-
(1) an affidavit verifying the contents of the petition,
(2) the child's birth certificate,
(3) the marriage certificate of the adoptive parents if the petition is jointly made by the spouses,
(4) the consent of the natural parent(s) or guardian(s),
(5) the consent of the other spouse if one of them is the applicant.
Upon the order being made, all rights, duties, obligations and liabilities of the parent(s) or guardian(s) in relation to the future custody, maintenance and education of the child shall be extinguished and the adoptive parent(s) shall stand in the position of the parent(s) or guardian(s).
The Court must be satisfied that:-
(1) the parent or guardian who has consented to the adoption understands the nature and effect of an adoption order, i.e. that the order will permanently deprive him/her of his/her parental rights over the child;
(2) the order will be for the welfare of the child, and if the Court is satisfied that the child is of an age to have sufficient understanding, due consideration will be given to his/her wishes;
Yes, the Court can make an order for adoption in exceptional circumstances such as:-
(1) the Applicant is below 25 years of age and not more than 21 years older than the child, if:-
(a) the Applicant and the child are related, or
(b) they are not related but there are special circumstances.
(2) no consent from the parent or guardian is provided, the Court is satisfied that the parent or guardian:-
(a) neglected or abandoned the child,
(b) cannot be found, or
Applications are to be made in accordance with the provisions of the Adoption of Children Act.
In general, an adoption order is not made when the sole Applicant is a male and the child is a female unless the Court is satisfied that there are special circumstances which justify making such an exceptional order.
To make an application, the following must be satisfied:-
(1) the Applicant must be at least 25 years of age;
(2) the Applicant must be at least 21 years older than the child whom he/she is seeking to adopt;
Singapore Divorce FAQ
If the Divorce is based on the factual situation of Adultery, the 3rd Party may be named in the Application (Writ for divorce) and he or she is known as the "Co-Defendant".
Nullity and Annulment of a Marriage in Singapore
Notwithstanding the annulment, as at the date of the decree, the child shall be deemed to be their legitimate child (if the child would have been the legitimate child of the parties to the marriage if it has d been dissolved (by way of divorce) instead of being annulled.
A decree of Nullity shall operate to annul the marriage with respect to any time after the decree has been made absolute (i.e. final). Notwithstanding the decree, the marriage is treated as if it had existed up to that time.
If the Plaintiff knew of the circumstances whereby he or she could have avoided the marriage but conduct himself or herself such as to lead the Respondent reasonably to believe that the Plaintiff would not seek to do so; and that it would be unjust to the Defendant to grant the decree.
Reconciliation between parties to a marriage
It can:-
(1) with the consent of the parties, interview them in Chambers (Judge's room), with or without the presence of their lawyers
(2) nominate a Conciliation Officer to endeavour to effect a reconciliation
(3) postpone the proceedings to allow the parties the opportunity of being reconciled
It is to be noted that anything said or discussed (including admissions) in the course of an endeavour to effect a reconciliation will not be admissible in Court if the parties proceed with the proceedings after such attempt fails.
Section 89 of the Women's Charter provides that it is the duty of the Court in a petition for a Divorce or Judicial Separation to give consideration to the possibility of a reconciliation of the parties to the marriage.
Deed of Separation
You may reconcile with your spouse even after signing the Deed of Separation. Alternatively, you may proceed with your divorce after 3 years (if your spouse consents) or 4 years (if your spouse does not).
You may wish to be separated from your spouse for a period of time before you decide on a divorce. In the meantime, the parties can still work out on reconciliation.
In this case, you may sign an agreement called a Deed of Separation which will set out the terms and conditions governing the relationship between you and your spouse during the period of separation. Both parties may mutually agree on an arrangement for the custody care and control of the children (minor), maintenance of a spouse and/or children and division of the matrimonial assets in the event of a divorce.
Judicial Separation
Yes, the Court can deal with these matters such as custody of children and maintenance and division of the matrimonial assets.
There may be reasons that you may not want a Divorce which ends a marriage, such as on religious or moral grounds. Or you may not meet the 3 years' restriction on applications for divorces.
Once the decree of Judicial Separation is granted by the Court, the Applicant is no longer obliged to cohabit with the other spouse.
An Applicant can opt to file for a Judicial Separation instead of a Divorce. Alternatively, the parties can engage a lawyer to prepare a Deed of Separation.
Issues relating to Ancillary Matters
This Order is usually used as the last resort, which means that the Court will sentence the Defendant to a term of imprisonment. Such order is usually not beneficial to the wife, ex-wife or children because if the husband or father is in prison, he is unable to earn any income.
The husband's or father's personal property is seized and will be sold to pay for arrears of maintenance.
It means the husband's or father's employer is ordered to keep a part of his salary to pay for the maintenance. If he leaves his employment, a new order has to be obtained against his new employer.
You have to apply to Court to enforce the Order.
it was made based on a misrepresentation or a mistake; or
there has been a material change in the circumstances after the Order was made
They are:-
During the subsistence of a marriage, the husband has an obligation to maintain his wife and children.
Issues relating to Domestic Violence between Married Couples in Singapore
You must swear / affirm a complaint and produce a copy of an police report (if available) and a copy of any medical report (if available) to substantiate your complaint.
After your complaint, the Magistrate will then issue a summons against the Respondent with a return date, whereupon the Court will hear the parties, and their evidence recorded. Upon hearing the evidence, the Court will make its orders.
Violence may take place anywhere, and relates to physical violence and directed at the spouse or a child.
He/she includes:-
(1) a child of the marriage
(2) an adopted child
(3) a child of the husband or wife from a previous marriage
(4) a child accepted as a member of the family
You may apply to the Court for protection.
Legislations and Acts relating to Singapore Family Law
Common Legislations relevant to
Family Law matters are as follows:-
Act 3: Administration of Muslim Law Act
Act 4: Adoption of Children Act
Act 122: Guardianship of Infants Act
Act 168: Maintenance Orders (Facilities for Enforcement) Act
Act 169: Maintenance Orders (Reciprocal Enforcement) Act
Act 321: Subordinate Courts Act
Act 322: Supreme Court of Judicature Act
Act 353: Women's Charter
Frequently Asked Questions (FAQ) relating to Power of Attorneyi for HDB Flats in Singapore
General Issues relating to Power of Attorneyi for HDB Flats in Singapore
Your Power of Attorneyi must be signed by you under seal in the presence of a Lawyer in Singapore or a Singapore Consulate Officer/Notary Public officiating/practising in the country of execution, and thereafter, your Lawyer will deposit a copy of your Power of Attorney at the Registry of the Supreme Court/High Court in Singapore and the Court will assign a Registration Number for your Power of Attorney.
You can appoint almost anyone to be your Attorney. But as you will be entrusting important matters to your Attorney, he / she should be an adult person (such as a relative or a close friend) whom you can trust.
Our Online or Offline Services is strictly for the preparation of Power of Attorneyi (PA) relating to Housing & Development Board flats' (HDB flats) in Singapore.
Issues relating to HDB Flats and Policies
Types of Standard Formats of Power of Attorneyi prescribed by HDB
How to apply for Power of Attorneyi Online and Offline
Only the Donor (the person giving the powers) need to sign the Power of Attorneyi. Your proposed Attorney need not sign any document nor attend at our office.
Please allow us about 2 to 4 working days to process your application. If you require the PA urgently, please inform us when you submit your application or contact Annie at (65) 6338 1810.
We do not however warrant or guarantee whatsoever that we will prepare the Power of Attorneyi within any time period or at all.
Matters after Power of Attorneyi is registered
Once a copy of your Power of Attorneyi is duly deposited at the Supreme Court, HDB requires your Lawyer to furnish a Letter of Confirmation addressed to HDB that he or she has used HDB's prescribed standard format.
How to collect registered Power of Attorneyi (HDB)
Charges for Power of Attorneyi (HDB) matters
Please submit for a prompt quote through this website for our charges.
In general, there is no difference between Online and Offline services.
However, if you are signing the Power of Attorneyi Overseas, there may be additional administrative charges.
General Issues relating to Buying and Selling a Property in Singapore
You should engage a Lawyer to draft and prepare a Power of Attorneyi to grant your attorney such powers in accordance with your wishes to act on your behalf in respect of your real estate transactions.
There is no "standard" Option or Agreement, except for purchase of properties direct from licensed developers using Option prescribed by law and/or approved by the Controller of Housing. The terms and conditions of an Option or Agreement is usually negotiated between the parties and mutually agreed.
Nevertheless, there are certain "norms" in property transactions which are relied on by Lawyers and Property Agents, but these are still subject to mutual agreement. Some of them include the following:-
The most common methods of entering into a property transaction is by way of an Option to Purchase and Sale & Purchase Agreement.
An Option is usually granted by the seller to the buyer to purchase his property in consideration for an Option Fee (usually 1% of the sale price). During the Option period, usually 2 to 3 weeks, the buyer will consider whether he wishes to enter into a contract to purchase the property by "exercising" the Option.
The frequent practice of buyers concluding their purchases at "licensed" developers' residential property launches is relatively "safe" as the Options to Purchase are prescribed by the Housing Developers' Rules (or if there are amendments, will be subject to the prior written approval of the Controller of Housing). The Rules contain the standard conditions of sale which constitute a fair bargain as deemed by the Government, and provide sufficient protection for the purchasers.
You should always consult your Lawyer first as he or she will advise you on the terms of the draft Option to Purchase or Sale & Purchase Agreement. Your Lawyer will conduct the requisite title searches on the property and/or solvency searches (such as bankruptcy) on the seller (in the case of a purchase). It is always advisable to leave the negotiation of the terms of the Option or Agreement to your Lawyer.
Issues relating to Development Properties sold by Licensed Developer
Under the Housing Developers Rules and the Sale of Commercial
Properties Rules, an Option granted by a Developer shall not be assignable
or transferable and the Controller of Housing's approval is required for any
change of name in the Option to Purchase.
The Controller will consider applications for a change of name if it
involves:
1. the deletion of names as long as one of the joint option holders remains as
the option holder; or
2. the addition of names of immediate family members.
Buying Properties by Foreingers in Singapore
Foreign person as defined in the Residential Property Act includes:
(1) person who is not a Singapore citizen
(2) a foreign company; and
(3) a foreign society
Applications to buy vacant land will not be favourably considered. Applicants are advised to buy built-up property or a property under construction.
If the shophouse (mixed commercial and residential use) is not strata subdivided and is in an area zoned for commercial use, it is not a 'residential property' within the meaning of the Residential Property Act.
If the shophouse (mixed commercial and residential use) is not strata subdivided and is in an area zoned 'residential' within the meaning of the Residential Property Act, it is a restricted residential property.
It means all residential landed properties, including vacant land, detached houses, semi-detached houses, terrace houses; and any land or building zoned or gazetted for residential purposes.
Approval will have to be obtained from the Minister for Law to purchase any of the above.
| A foreigner may buy the following types of properties:- | ||
| (1) | a flat or apartment in a building (irrespective of lev | |
Issues realating to Gift of Real Properties
In the event the Grantor (person giving the property) dies within 5 years form the date inserted in the Deed of Gift, estate duty will be attracted on the whole of the property as if it is still formed part of the Grantor's estate (section 8, Estate Duty Act, Cap. 97) [Note: Applicable for deaths occuring prior to 15 Feb 2008. Estate Duty has been removed for deaths occurring on and after 15 Feb 2008.]
If the Donor (person giving the property) is bankrupt within 2 years from the date of the Deed of Gift, the gift becomes absolutely void as against the Official Assignee
Yes, you may, but you have to engage a Lawyer to draft the Deed of Gift, and request for his advice on the effects and consequences of a gift of real property.
Issues relating to CPF Funds
You can apply by submitting the duly completed application forms which are obtainable from the Board.
As in many cases, you may be obtaining a housing loan and other credit facilities to part-finance the purchase price of the property, and you should consult your Lawyer for his assistance in completing the application form. It usually takes about 2 to 3 weeks for the Board to grant its in-principle written approval.
(a) A member is not allowed to use his CPF savings to pay directly for the land cost and the construction costs of the house. He would have to use his own funds and/or a loan to meet the said payments first. When the house has been completed up to the Temporary Occupation Permit stage, the member can use his CPF savings to repay the loan.
When the property is sold or transferred, the member is required to return to his CPF Account the CPF savings withdrawn plus accrued interest, if he has not yet qualified for withdrawal of CPF savings under Section 15 of the CPF Act.
The housing loan should be for a fixed term and is secured by a mortgage on the property which is owned by the member. However, CPF savings may also be used to repay a housing loan that has been obtained under any of the following circumstances:
(a) The housing loan is for a fixed term and is secured by a mortgage which resulted from a transfer of the initial housing loan from one lender to another, provided that the initial housing loan was secured by a mortgage on the property;
This Scheme has been introduced to help CPF members purchase/build private residential properties for their own occupation or for rental.
Conveyancing Fees and Expense
Please use our relevant Quote forms to obtain a quote.
For Sale >> http://www.law.com.sg/property_sale.htm
For Purchase >> http://www.law.com.sg/property_purchase.htm
For Mortgagei or Refinancingi >> http://www.law.com.sg/property_refinance.htm
For Redemptioni or Discharge of Mortgage >> http://www.law.com.sg/property_redemption.htm
The legal fees on conveyancing matters charged by Lawyers used to be prescribed by law under the Solicitors' Remuneration (Amendment) Order 1994. It was based on a fixed sliding "scale" which must be strictly complied with by Singapore lawyers.
With effect from 1st February 2003, legal fees on conveyancing matters is now negotiable, i.e. mutually agreed between the Law Firm and the client.
However, there are still certain norms on the range of fees charge for various types of conveyancing matters.
Singapore Willsi and Will Drafting
Singapore Willi and Wills Related Issues
A Willi is a written document that states who you want your assets and money ("the estate") to go to when you passed away. As it is a very important document the law specifies what will be recognised as a Willi. It is a temporary document and can be changed at any time by a subsequent Will or a Codicili during your lifetime.
It does not distribute your assets immediately upon the making of the Will, but takes effect after your demise.
To ensure that your wishes of how your Assets are distributed are carried out, it is advisable to make a Willi.
Otherwise, you leave it to chance and have your assets being distributed in accordance with the Intestate Succession Act or in accordance with law of the country in which you were domiciled (refer to "Domicilei") at the time of your demise.
If you are 21 years and of sound mind, you should make a Willi to distribute your Assets as soon as possible. Although most people die from old age, some unfortunate incidents such as plane crash, terrorism, war or natural disaster may prematurely terminate our respective lives.
Some do not wish to think about death. Surprisingly enough, making a Willi does not bring your death forward. If you make your Will now, you will have less worry about how your Assets will be distributed.
Some think they have nothing to leave to their love ones - if you own your own home, monies in bank accounts, cars, jewelleries, etc, you should consider making a Will. It all adds up to some value.
If you are 21 years old and of sound mind, you can make you own Willi and change it at any time during your lifetime.
However, if your home-made Will is ineffective or invalid, your Beneficiariesi may suffer unnecessary expense and distress.
It is therefore in your interest to consult a Lawyer to draft your Will
You should state the person(s) or organisation(s) to whom you wish to give away your property and assets. For example, you may give away your house, car, shares, insurance policies, bank accounts, cash and jewellery to family members, friends or to charities.
Unless you are making specific gift to certain person, you need not state or list out your assets in your Willi.
However, it is good practice to have an Inventory List of your Assets and Liabilities attached to your Last Will, so that your Executor will know what your Assets comprised of. You should also update your Inventory List from time to time to reflect changes to your asset list.
This is a question of preference, and usually, a person may be influenced by the apparent lower costs offered by non-legal firms in offering Willi drafting services.
In fact, the costs of a Will drafted by professional law firms are usually not more than a couple of hundreds of dollars (for relatively straightforward Will), and the law firm will usually have 1 or 2 lawyers witnessing the Testator's signature to the Will. Such solicitor's witnesses may be useful in the event of issues relating to the Testator's signature to the Will or where there are disputes surrounding the Will.
In the event of simultaneous death, the older is deemed to have died first.
The following examples may illustrate the various scenario (not exhaustive) and
effects.
Example 1: Where you and your spouse have made identical Wills and
give the whole of the Estate to the other
If you are the older spouse, it is deemed that you died first, and therefore your estate will go to your spouse’s estate under your Will and will be distributed under your spouse's Will.
Unmarried daughters, child with some mental or physical disability and incapable of maintaining himself/herself and an infant son can apply to Court for reasonable provision for their maintenance under the Inheritance (Family Provision) Act even if they have been excluded under a Willi.
Wills need not be registered in Singapore with any authority to be valid.
However, you may lodge a Form 5 with the Wills Registry, Public Trustee in
Singapore, which merely contains brief particulars of your Will such as date of
Will, but not the contents. Your original Will or copy thereof cannot be
deposited at the Wills Registry. For more information on Wills Registry, please
visit this
Link.
Central Provident Funds Issues
If you have made a nomination under the CPF Act, your nominee shall be entitled to the funds in certain CPF accounts regardless of what is stated in your Willi. If you have not made a nomination, your funds will be distributed under the law in accordance with the Intestate Succession Act.
Even if you have a Will, you need to nominate so that your CPF savings, DPS insured sum, Discounted Singapore Telecom shares, fixed deposits under CPF Investment Scheme-Special Account (CPFIS-SA) and Economic Restructuring Shares (ERS) will be paid to your nominees.
If you have a valid CPF Nomination, the following items will be distributed to your Nominees in the proportion as stated in your Nomination upon your death:
(a) Savings in the Ordinary, Special, Medisave and Retirement Accounts;
(b) Dependants' Protection Scheme (DPS) insured sum;
(c) Discounted Singapore Telecom shares;
(d) Fixed deposits under the CPF Investment Scheme - Special Account (CPFIS-SA), which will be converted to cash to form part of CPF savings; and
(e) Economic Restructuring Shares (ERS), which will be converted to cash to form part of CPF savings.
Yes, you still need to nominate because the distribution of your CPF savings, DPS sum insured, shares in an approved corporation, fixed deposits under CPFIS-SA and ERS, is by way of nomination.
The CPF Board will transfer the following to the Public Trusteei for distribution in accordance with the intestate law:
(a) Savings in the Ordinary, Special, Medisave and Retirement Accounts;
(b) DPS insured sum;
(c) Fixed deposits under the CPFIS-SA, which will be converted to cash to form part of CPF savings; and
(d) ERS, which will be converted to cash to form part of CPF savings.
The following will form part of your estate:
(a) Cash and investments held under the CPFIS-OA;
(b) Investments held under CPFIS-SA, excluding fixed deposits;
If you are a Non-Muslim, the Public Trustee will distribute your CPF savings in accordance with the Intestatei Succession Act. Your CPF savings will be distributed to your next-of-kin.
If you are a Muslim, your CPF savings will be distributed in accordance with the Inheritance Certificate.
If the beneficiary of your unnominated CPF monies is under the age of 21 years, the Public Trusteei will hold the minor's share in trust until he attains 21 years old. This is applicable to both Muslims and non-Muslims.
Divorce does not revoke your previous nomination. This is because you may still wish to provide for your ex-spouses and children. You may therefore wish to re-nominate when divorce takes place
Having made a Willi, if your family members or your named Executor(s) do not know that you have made a Will or how to locate it, this will defeat the whole purpose of making a Will. It is therefore important to inform your Executor(s) and/or your close ones of the whereabouts of your original Will.
If you marry or re-marry, your Willi is nullified or cancelled unless the Will was made in contemplation of your marriage.
You should review your Will if any of the following event happens:
1. if you change your name or anyone mentioned in the Willi changes his;
2. if an executor or trustee dies or becomes unsuitable to act due to age or ill-health;
3. if a beneficiary dies;
4. if you subsequently sell or part with any property mentioned in the Will;
You should never attempt to change your Willi by crossing parts out or adding words in or by attaching anything to it. If you do so your Will may become ineffective or invalid. If you wish to change your Will, either make a fresh Will to revoke and supercede the earlier Will or prepare a Supplemental Will (“a Codicili").
As mentioned above, your Willi only takes effect upon your death, and not before. Upon your death, your Executor(s) will have to apply to Court for a Grant of Probatei.
For death occuring prior to 15 February 2008, the Court will only issue the Grant after the Estate Duty Officer has certified the following:
1. the value of your estate;
2. (a) the amount of estate duty payable and the fact that it has been paid; or
(b) that no estate duty is payable.
As part of our service, we will assist our client to submit the Form 5 to the Wills Registry, Public Trustee's Office.
For more information, please refer to Public Trustee's Office's website at http://app.ipto.gov.sg/PublicTrustee.asp?pg=3F3B30380603031C513D0A08061C...
Charges for Legal Services
It is difficult to ascertain the costs of the Willi without having taking instructions from you, and if you wish to request for our quotation, you may use our quote form at www.wills.sg/quote.
Upon receiving your quote request, we will revert to you on our estimated charges for your consideration.
A rough guide of fees charged by professional lawyers is in the region of $200 to $500 for a simple to moderate complex Will.
The Court requires the following documents (not exhaustive) to be submitted for the initial application, namely:-
1. Originating Summons (Probatei);
2. Statement of Probate;
3. Administration Oaths by the Applicant;
4. original extract of the deceased's Death Certificate;
5. Caveati Search Certificate.
The following additional documents are required:-
1. the original Willi;
2. where the Will is not written in English, a certified true translation by a person competent to translate;
3. renunciations by person(s) appointed Executor(s) under the Will but who do not wish to be the Executor(s), if any.
Domicilei means the country where a person intends to make his permanent or ultimate home. It need not be his country of birth, his current place, his current nationality or the place he died in, and his Domicile status may change from time to time when his intentions changed.
When a person dies, it is important to determine his Domicile, as it is where the probate process is to be obtained in relation to the Deceasedi's estate.
There are various factors which can determine a Deceased's Domicile, including:-
1. whether he has purchased any property in the country
If the value of the Deceasedi's assets is less than S$3 million, the application is made in the Subordinate Courts of the Republic of Singapore. The Supreme Court deals with applications for Grant of Probatei and Letters of Administrationi where the value of the deceased's estate exceeds S$3 million, as well as applications for the Resealingi of Grants of Representation obtained in the Commonwealth Country or certain approved country/territory.
In theory, it is possible to make your own application for either a Grant of Probatei or Letters of Administrationi without the assistance of a Lawyer.
However, in practice, as the Grant of Probate and Letters of Administration entails legal procedures and issues, it is advisable to engage a Lawyer who is experienced in Probate matters to assist you.
Issues relating to Letters of Administrationi
Under Intestate law, the following persons are entitled to apply to be appointed as the Administratori(s) of the deceased's estate in order of priority:-
(1) spouse (husband or wife)
(2) issues (lawful children)
(3) parents
(4) brothers or sisters
(5) issues of brothers or sisters
(6) grandparents
(7) uncles or aunts
Please click this Link -
Intestate Succession Act (Singapore) (third party link)
Singapore Estate Duty Issues
Estate Duty has been removed for deaths occurring on and after 15 Feb 2008.
For deaths occurring prior to 15 Feb 2008, the applicable Estate Duty rates may be payable. Visit IRAS site at http://www.iras.gov.sg/irasHome/page03.aspx?id=1186 for more information.
Yes, you may apply to Reseal the Grant in Singapore if you has already obtained a Grant of Probatei or Letters of Administrationi in any part of the Commonwealth or other approved country or territory. Upon successful application, the Supreme Court (High Court)of Singapore will issue a Memorandum of Resealingi.
The Supreme Court of Singapore (High Court).
Charges on Probatei matters
Please use this website to submit your request for quotation.
To increase or reduce FONT SIZE, go to the TOP of the PAGE to select another FONTSIZE.
Copyright © 1998-2010 Loh Eben Ong & Partners. LAW.com.sg. All Rights Reserved
