40岁洋汉骑脚踏车过行人道,被右转汽车撞飞,脊椎与骨盆重伤骨折,坐轮椅长达至少半年。洋汉称伤势导致他无法搭长途飞机公干,损失事业发展机会,如今起诉女司机索赔超过100万元。发起诉讼的是英国籍男子大卫·霍奇森(David Hodgson),他从事资讯科技业,在一家瑞士公司当项目经理。答辩人则是60岁女司机李兰萍。案件今早在高庭开审。
Category: Media Reports
Court stops daughter’s bid to take over ill dad’s business
Protecting Employers from COVID-19 – A Practical Guide [Brought to you by Jacque Law]
With COVID-19 hitting businesses hard, what options do employers have apart from cutting jobs?
While job-cutting may be effective in some cases, it can also severely damage company culture and staff morale and result in irreparable loss of know-how. Employers can instead consider these alternatives:
- Working arrangement adjustments – these help to manage costs and human resources. They include placing employees on part-time or flexible work schedules, job-sharing arrangements, and shorter work weeks, accompanied by proportionate salary reductions.
- Wage adjustments – these may be introduced with working arrangement adjustments or other changes in the scope of employment duties. Start with freezing or reducing increments, variable bonuses and wage supplements, before adjusting the monthly variable component and other allowances, and lastly, no-pay leave.
- Manpower reallocation – deploying employees to other roles in the company or to sister companies within the group.
To minimise the risk of breaching employment contracts, employers should consult and communicate these changes with employees before implementation, and to ensure that they have the contractual right to effect such changes. Otherwise, the employee’s consent is required, and should be properly documented.
If the employee disagrees, consider terminating the employment contract with contractual notice and then offering a new revised contract.
The Singapore Ministry of Manpower (MOM) has cautioned that irresponsible or unfair treatment may result in employers being denied future government reliefs (including the Jobs Support Scheme), and other work pass privileges. It would be best to consult a specialist employment lawyer before implementing changes to ensure compliance with the legislation and government advisories.
If an employee is diagnosed with COVID-19, what are the employer’s obligations to the employee?
The employee’s absence from work should be considered as paid hospitalisation leave, and employers should re-assign his/her work during this period.
While an employee with mild symptoms may express willingness to work during hospitalisation, employers should exercise caution in accommodating this, and should only assign non-urgent tasks, if at all. If the employee is on a commission-based salary structure, it is even more important for employers to have proper processes in place when re-assigning clients, and in selecting who should “inherit” these clients, to avoid future disputes.
Employers must ensure that there is no improper use or disclosure of personal data, including divulging the identity of the confirmed COVID-19 case to other employees or the public, unless required by law or for contact tracing purposes.
家事法院新援助平台年底推出后 每年料惠及近400对离异夫妻
家事司法法院预计今年年底推出“诉讼援助平台”。每年379对无异议且无律师代表的男女,料能从这个网络办离婚的平台受惠。
家事司法法院发言人回答《联合早报》询问时,提供更多有关诉讼援助平台(Litigation Assist,名称待确定)的详情。
实况报道:LPA所托非人怎么办
权力越大,责任越大。这是美国已故著名漫画家史丹李(Stan Lee)作品《蜘蛛侠》里的名句,用以形容持久授权书(LPA)的被授权人职务,格外贴切。史丹李生前起诉前经纪人兼看护奥利雷兹欺诈和滥用授权,商务拍档好友摩根则被当局提控虐待、囚禁并图谋夺取史丹李的财务。
News Alert: Revocation of errant donee’s powers as a property and affairs donee for her father’s lasting power of attorney
High Court allows appeal
I. INTRODUCTION
1. We are pleased to share that our client has won an appeal in the Family Division of the High Court of Singapore in a mental capacity case concerning the circumstances under which a donee’s powers may be revoked under the Mental Capacity Act (“MCA”).
II. BACKGROUND TO DISPUTE
A. The Lasting Power of Attorney
2. Our client and her older sister had been appointed as donees under a Form 1 lasting power of attorney (“LPA”) executed by their elderly father (the donor). The sisters had been given powers to make decisions concerning their father’s Property and Affairs and Personal Welfare in the event that he lost mental capacity.
3. The father also allowed the sisters to act jointly and severally as his donee. This meant that the sisters could exercise their powers under the LPA without the consent or knowledge of the other.
B. Circumstances leading to Mental Capacity Act Application before the Family Courts
4. Shortly after the execution of the LPA, the father suffered a stroke and his treating doctor determined that he was mentally incapacitated. The sisters split their responsibilities in the care of their father – the younger sister (our client) taking care of his day-to-day needs and medical care, the older sister taking care of his finances, including supervising their father’s sole proprietorship funeral parlour business (“Business”).
5. Some months passed under this arrangement, until the younger sister realised that the older sister was not properly accounting for their father’s income from the Business, and substantial sums of monies were unaccounted for. The younger sister then questioned the older sister about this but received no response.
6. The younger sister was then alerted by an employee of the Business that the older sister had taken their father to a law firm to execute various legal documents (e.g. a Power of Attorney and a Statutory Declaration) (“Legal Documents”). The Legal Documents had the effect of transferring the ownership of the Business to the older sister.
7. Given her day-to-day interactions with the father, the younger sister knew that her father did not have the mental capacity to sign legal documents.
8. The younger sister (our client) thus made an urgent application to the Family Courts for the revocation of her older sister’s powers under their father’s LPA. The younger sister also sought an order for an investigation by the Office of the Public Guardian (“OPG”) into the older sister’s conduct to be made.
C. The Family Court’s Decision
9. Over a five-day trial, the trial judge in the Family Court heard evidence of parties and agreed with the younger sister (our client) that the father did not have the mental capacity to execute the Legal Documents, and deemed the Legal Documents invalid.
10. The trial judge also found that the older sister’s conduct was “egregious” and that her acts leading to the execution of the Legal Documents “speaks of entitlement and not responsibility”.
11. The trial judge also ordered the OPG to investigate the monies withdrawn by the older sister to meet her personal expenses, and ordered the older sister to reimburse these monies to the father upon conclusion of the investigation.
12. However, despite the trial judge’s findings and an investigation being ordered, the trial judge did not revoke the older sister’s powers as donee.
13. Instead, the trial judge “modified” the two sisters’ powers by ordering that each sister could not make a decision regarding the Business without the written consent of the other. It was only in the event of a disagreement that the younger sister could make final decision.
14. The trial judge allowed the older sister to continue to have powers in terms of other financial affairs of the father, as the misconduct by the older sister was only in the realm of the father’s business and did not extend to other financial aspects.
15. The Family Justice Court’s decision was published in VHI v VHJ [2020] SGFC 37.
16. Our client (the younger sister) appealed to the Family Division of the High Court.
III. THE APPEAL TO THE FAMILY DIVISION OF THE HIGH COURT
A. Arguments on Appeal
17. On behalf of our client (the younger sister), we raised various arguments on appeal. We set out only the key ones, for brevity.
18. Our key argument was that the Court does not have the power to modify donee powers and re-write the terms of the LPA on the donor’s behalf. The power to modify is not expressly provided for under the MCA. There are also no precedent cases both locally and overseas where a Court has done so.
19. By ordering that each sister could not make decisions for the Business without the other sister’s consent, the Court restricted both sisters’ powers, including the non-errant younger sister, when previously either could act without the consent of the other.
20. We argued that, under the MCA, it is for the Court to either revoke or decline to revoke an errant donee’s powers. The Court does not have the power to modify an errant donee’s powers.
21. Furthermore, there should not be an arbitrary distinction between aspects of one’s misconduct. As long as there has been misconduct or a risk of potential harm to the donor (i.e. the father in this case), the powers of a financial affairs’ donee ought to be revoked in its entirety. Otherwise, the older sister in this case would still have free reign to deal with other assets belonging to the father.
22. Lawyers for the older sister argued that the trial judge’s decision should remain, as the Family Court had the power to modify the ambit of the donee’s powers under the MCA. It was also argued, inter alia, that the older sister was not an errant donee but rather simply made a grave mistake, and thus the Family Court’s decision not to revoke the older sister’s powers was a right one.
B. Decision by Justice Debbie Ong – Younger Sister’s appeal to revoke Older Sister’s Property and Affairs LPA allowed
23. Our appeal was heard by Justice Debbie Ong on 11 November 2020. Representatives of the Office of the Public Guardian were also present at the hearing.
24. On 3 December 2020, Justice Ong gave her decision to revoke the older sister’s powers as a donee for Property and Affairs.
25. Justice Ong recognised that the Family Court had found the older sister’s conduct to be “egregious”, “self-serving, and irresponsible”. Given those findings, Justice Ong found there was sufficient reason to ensure, to protect the best interest of the father, that the older sister did not have the power to manage his Property and Affairs. Justice Ong however allowed the older sister to continue to remain as the donee of the father’s personal welfare.
26. Justice Ong did not find it necessary to decide on whether the Court indeed has the judicial power to modify a donee’s powers or not, as she found that a modification would not be appropriate on the facts of the case in any event.
IV. CONCLUDING REMARKS
27. Although it has been ten years since the MCA has come into force, the law on mental capacity remains a developing area of practice. This case appears to be the first case tried in court in which a donee had acted against the best interest of the donor, and has been stripped of her powers (as a property and affairs donee) pursuant to an application by a co-donee.
Asian Legal Business: State Of The Market 2020

Jacque Law LLC is pleased to have authored the Singapore chapter in the Asian Legal Business Guide to Employment Law in Asia.
We hope the guide will serve as a good starting tool for human resource personnel, business owners and/or in-house counsel as they navigate the often complex and constantly evolving employment laws in Singapore. If you require more in-depth advice on employment law matters, please feel free to connect with us.
Asian Law Network: Jacqueline Chua, Managing Partner of Jacque Law, speaks to us about medical negligence
We interviewed Jacqueline Chua—the Managing Partner of Jacque Law LLC, an up-and-coming boutique law firm which specialises in medical negligence cases and private client matters—to find out more about how her practice helps her clients through their most difficult and vulnerable times.
Prior to founding her firm, Jacqueline trained and practised at the most reputable law firms in Singapore. She started her legal career at Allen & Gledhill LLP, and subsequently as a partner at WongPartnership LLP where she was one of the panel lawyers for Singapore Medical Council, Jacqueline was able to hone her skills in medical negligence litigation. Throughout her career, she has represented both plaintiffs and defendants in medical negligence cases in the High Court of Singapore and in the Disciplinary Tribunal before SMC. Jacqueline now focuses on plaintiff / claimant representation.
When asked why the switch in practice focus, Jacqueline shared, “While we understand that people make mistakes, the consequences when doctors make mistakes can be severe and may be irreversible. Patients who are victims of medical negligence often do not know their legal rights and are under a lot of distress, and do not know who to turn to. I have the ability to help them to understand what legal rights they have. I have found it to be a rewarding experience, being able to help a person through one of their most traumatic life experiences.”
As medical negligence is a very technical and niche area of practice, we asked Jacqueline about how she has overcome her challenges thus far.
How do you understand the medical jargon if you are not a doctor?
I have been well exposed to medical negligence law and therefore have had the opportunity to build up my knowledge of medical terms. After I graduated from law school, I trained and worked with a team that specialised in medical negligence defence. I also look up medical textbooks and speak to professionals in the medical fraternity. Sometimes the medical terms can be difficult to understand and the patient’s medical records can be voluminous. In one of our recent cases, the patient’s medical records comprised a total of 23 arch files. It was hard work, having to decipher the terms and the doctor’s handwriting before we were able to analyse the legal issues.
How do you see your role as a medical negligence lawyer?
Outside the courtroom, a medical negligence lawyer must also be able to relate to their clients with empathy. A client in a medical negligence case is often also a patient or a family member who has lost a loved one. I often play the role of a counsellor in addition to a lawyer – I recognise that there is often a lot of pain, suffering and grief experienced by a victim of a medical negligence case. Therefore, in addition to providing sound legal advice, I try to listen and empathise as much as I can.
What are the misconceptions you want to clarify about medical negligence cases?
There appears to be a misconception that the standard to prove medical negligence is very high because you generally believe that doctors would act with prudence and that if something goes wrong, it’s because there’s always risk when it comes to surgeries, and diagnosis is not always straightforward because the human body is complex. Often, many victims of medical negligence are worried to proceed with a lawsuit because it is difficult to go against an educated professional or they are not sure whether they have indeed been wronged.
What they do not know is that there is no need to immediately commence a lawsuit against the doctor. We can always obtain more information from the doctor/hospital to ascertain the merits of the case. Even if one ultimately chooses not to proceed with a lawsuit, this fact-finding process would at the very least hold a doctor accountable for the level of care in which he/she has accorded to the patient, and to prevent further lapses in medical care.
Apart from medical negligence and family law, do you specialise in any other areas of law?
We also specialise in succession planning and mental capacity proceedings. The Mental Capacity Act is still relatively new as it was only introduced to the public 10 years ago. It introduced the ability for a person (the donor) to execute Lasting Powers of Attorney to allow their named donees to make certain decisions for them in the event that they lose mental capacity. Most of the people who have signed a Lasting Power of Attorney (“LPA”) may not fully understand the differences between the different forms of an LPA, and an LPA which is not prepared to serve the purposes required by the donor can have rather severe implications.
We have recently won an appeal in the Family Division of the High Court involving the misuse of an LPA. In that case, the form of the LPA used was not suitable for a business owner with vast assets. We therefore recommend that, advice be sought on the preparation of an LPA so that the necessary safeguards are introduced to suit the circumstances and needs of the donor.
As a parting question, what tips do you have for persons who are considering commencing a medical negligence claim?
There is a difference between medical records and medical reports. A medical report is simply a summary prepared by the doctor, whereas the medical records would be a detailed sequential note / record taken by the doctors and nurses during the medical treatment process. When in doubt as to whether to commence action against a medical professional, ask for the full medical records (which a patient is rightfully entitled to), and seek advice from a medical negligence law specialist.
Advice on Wills: Should Each Child Get the Same?
Deciding how to distribute your assets among children in a will is a deeply personal choice, shaped by family dynamics, cultural expectations, and legal implications. In Singapore, many families grapple with the question of whether to divide their estate equally among their children or tailor distributions based on individual circumstances. While some parents feel that fairness equals equal division, others might consider different approaches, balancing financial need, contributions to the family, or unique situations of each child. In Singapore, where the cultural mosaic and modern legal landscape come together, this decision involves various factors worthy of consideration. Here, we will explore perspectives on equal versus tailored inheritance, examine cultural and social contexts, and look at legal implications under Singapore law.
Understanding Legal Framework for Wills in Singapore
In Singapore, creating a will is the primary method for designating how assets are distributed upon death. The will must meet specific legal requirements: it must be in writing, signed by the person making it (the testator) and witnessed by two individuals who are not beneficiaries. These formalities ensure the will’s validity, allowing the court to uphold it and follow the deceased’s wishes.
If someone passes away without a will, the estate is distributed according to Singapore’s Intestate Succession Act. This act generally favors spouses and children equally but without the personalized considerations that a will allows. Therefore, creating a will provides flexibility to adjust the allocation based on unique family needs, which is especially relevant when considering how to distribute assets among children.
Legal Constraints on Unequal Distributions
In Singapore, individuals have considerable freedom when drafting wills, but that freedom is not absolute. Children can challenge a will under the Inheritance (Family Provision) Act, which allows for a claim if a dependent was not adequately provided for. Generally, courts are reluctant to intervene unless an individual dependent on the deceased has been left without reasonable provision. If a will distributes assets unequally, it might stand, provided all dependents can reasonably sustain themselves, but it’s wise to keep this in mind to avoid disputes.
Equal Distribution: The Case for Fairness
Equal distribution is often seen as a straightforward way to prevent family conflict and to honor the idea of fairness. This approach is generally easy to implement and can offer peace of mind that children will not perceive favoritism or feel undervalued. Here’s how equal distribution can play out in various family contexts.
Equality as a Unifying Factor
In many families, equality in inheritance is a means to convey parental love and unity. This decision can be particularly important in larger families, where differing inheritances might lead to feelings of resentment or even estrangement. In these cases, an equal division can reinforce the idea that each child is valued equally, regardless of their individual financial status or life choices.
Simple Execution and Fewer Legal Complications
An equal division often results in a clearer will that beneficiaries are less likely to contest. When parents divide assets equally, there is less room for interpretation, which can help avoid legal disputes. It also simplifies estate administration, as assets can be divided without the need for complex valuations or justifications, which can reduce both costs and delays in distributing the inheritance.
Tailored Distribution: Balancing Individual Needs and Contributions
While equal distribution promotes the idea of fairness, not all families view equality in terms of equal shares. For some, fairness means addressing each child’s unique needs or contributions to the family. Tailoring inheritance can account for factors like financial need, caregiving roles, or even special talents that some children may have brought to the family or business.
Considering Financial and Personal Circumstances
Some children may have greater financial needs, particularly if they have lower incomes, more dependents, or specific needs such as medical care. Parents might decide that leaving additional resources to a child in need is a fairer approach, particularly if other siblings are financially secure. In a family where one child has dedicated significant time to caring for aging parents, it may also be reasonable to recognize that commitment by providing a greater share of inheritance.
Recognizing Contributions to the Family Business or Estate
In cases where a family business is involved, parents might face the question of whether to divide the business equally or favor a child actively involved in its operations. In Singapore, family businesses are an essential part of many family legacies. Dividing such assets can be complex, as equal ownership among siblings who do not share a vested interest in the business can create friction. To address this, some parents allocate a larger share to the child involved in the business, while other children may receive equivalent assets in a different form.
Adjusting for Past Financial Support
Parents often assist children financially before their passing, whether through educational expenses, business investments, or home purchases. When this is the case, parents may feel it fair to account for these past contributions in the inheritance plan. For example, a parent who helped one child purchase a home may decide to leave a greater share of the estate to other children to balance out the earlier financial support. This type of adjustment can help parents feel they have treated each child equitably over a lifetime, even if the final division is not identical.
Cultural Perspectives on Inheritance in Singapore
Singapore’s unique blend of cultures means that inheritance customs can vary widely, influenced by traditional values from Chinese, Malay, and Indian communities, as well as Westernized views. In traditional Chinese families, the eldest son historically holds a position of responsibility for family welfare, which sometimes translates to a larger inheritance. Similarly, Malay inheritance laws, based on Islamic principles, mandate specific shares for male and female heirs. Although these cultural expectations may influence decisions, Singapore’s secular laws allow parents to craft their will without religious or traditional constraints. As a result, many modern Singaporean families choose to balance traditional expectations with contemporary considerations, resulting in a diversity of approaches to inheritance.
The Role of Communication in Inheritance Decisions
One of the most common sources of tension in inheritance matters is misunderstanding or a lack of transparency. Parents often shy away from discussing their wills with their children, but open communication can help manage expectations and minimize misunderstandings. For instance, explaining a decision to leave more to a child who has taken on caregiver responsibilities or addressing why a family business is passing to one child can foster understanding among siblings.
In Singapore, where family harmony is often highly valued, discussing inheritance plans openly can help prevent disputes. Some families choose to bring in mediators or family advisors to facilitate these conversations, especially when differing opinions about inheritance exist.
Ensuring a Smooth Transition: Practical Steps for Parents
Writing a will that reflects your intentions, meets legal standards, and respects family dynamics can be challenging, but a few practical steps can help parents navigate this process smoothly. Consulting an estate lawyer is often the first step to ensure the will’s legality and clarity, especially when the plan involves unequal distributions. Additionally, discussing the will with family members, either individually or as a group, may foster a better understanding of the rationale behind specific choices.
Another helpful strategy is creating a letter of wishes, a non-binding document that accompanies the will to explain the thought process behind certain decisions. While not legally enforceable, this letter can provide clarity for children, helping them appreciate the considerations that shaped their inheritance.
Finally, updating the will regularly is crucial. Circumstances change over time—children may marry, have their own families, or change careers—so reviewing and adjusting the will every few years helps ensure it reflects current family needs and values.
Conclusion: Finding Fairness in Individual Circumstances
Whether parents in Singapore choose to divide their estate equally among their children or tailor the distribution to reflect individual needs and contributions, the goal is often the same: to leave a legacy that respects family bonds and provides for loved ones. Each family is unique, and there is no single correct answer to how an inheritance should be divided. Balancing fairness with family harmony requires thoughtful consideration, clear communication, and sometimes, the guidance of legal and financial professionals.
In the end, a well-thought-out will should aim not only to distribute assets but also to leave a lasting message of love, fairness, and respect that endures for generations.