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Divorce can bring significant financial adjustments, especially when children and financial dependency are involved. In Singapore, financial support after a divorce primarily takes the form of alimony, also known as spousal maintenance, and child support. These provisions are governed by the Women’s Charter, which outlines the rights and responsibilities of both parties in ensuring financial stability post-divorce. Courts assess various factors before determining the financial obligations, ensuring a fair and just arrangement that aligns with legal standards.

Alimony: Spousal Maintenance

Spousal maintenance serves as financial assistance provided by one party, typically the former husband, to the other, ensuring that the recipient is able to meet their reasonable expenses. This support is not automatic and is determined based on factors such as the length of the marriage, the financial standing of both parties, and the contributions—both financial and non-financial—made during the marriage.

A key principle in deciding alimony is ensuring that the recipient, often the wife, is not left in financial hardship following the divorce. The courts consider employment prospects, health conditions, and the standard of living established during the marriage. While lifetime maintenance is less common in modern cases, the court may grant temporary or rehabilitative maintenance to allow the recipient to regain financial independence.

Factors Influencing Spousal Maintenance

The court examines a range of factors when determining the amount and duration of alimony. The financial needs of the recipient play a crucial role, including housing, daily expenses, and medical costs. On the other hand, the paying spouse’s ability to provide support without suffering undue financial strain is equally important. The length of the marriage often influences whether alimony is granted for a limited period or a more extended duration. Longer marriages, especially where one spouse has been financially dependent, may warrant higher maintenance.

Contributions made by both spouses during the marriage are also carefully considered. If one party sacrificed career advancement to manage household responsibilities or raise children, this is taken into account. Additionally, any pre-existing agreements, such as prenuptial arrangements or settlements agreed upon during divorce mediation, can impact the final decision.

Child Support Obligations in Singapore

Beyond spousal maintenance, child support remains a critical obligation after divorce. The responsibility to provide financial support for children applies to both parents, regardless of custody arrangements. Singapore’s legal framework prioritises the well-being of the child, ensuring that essential needs such as education, healthcare, and daily living expenses are met.

Child support calculations take into account the child’s standard of living before the divorce, aiming to provide a stable and secure environment despite the change in family structure. Courts consider the financial means of both parents, the specific needs of the child, and any special circumstances, such as medical conditions or educational requirements.

Determining Child Maintenance Amounts

While there is no fixed formula for calculating child maintenance, the courts assess the reasonable needs of the child alongside the financial capabilities of both parents. The parent with primary custody often incurs more day-to-day expenses, but both parents remain legally responsible for contributing to their child’s upkeep.

Failure to comply with child maintenance orders can result in legal consequences. Courts have the authority to enforce payment through salary deductions, fines, or even imprisonment in cases of persistent non-compliance. The legal system in Singapore prioritises the child’s best interests, ensuring that financial obligations are fulfilled.

Modifications and Enforcement of Maintenance Orders

Financial circumstances can change over time, affecting the ability to pay or the necessity for increased support. Either party can apply for modifications to existing maintenance orders if they can demonstrate a significant change in circumstances. For instance, loss of employment, health complications, or a substantial increase in the recipient’s financial resources may justify adjustments.

The courts assess these applications carefully, ensuring that any modifications align with fairness and necessity. Enforcement measures exist to ensure compliance, and individuals who fail to meet their obligations may face legal repercussions.

Seeking Legal Assistance for Financial Support Matters

Navigating financial support after divorce can be complex, particularly when disputes arise over the adequacy of alimony or child support. Seeking legal guidance can provide clarity on rights and obligations, ensuring that agreements are fair and enforceable. Mediation and negotiation often play a significant role in resolving disputes amicably, reducing the need for lengthy court battles.

Understanding the legal framework surrounding financial support post-divorce helps individuals plan for a stable future. With clear legal guidelines and structured financial arrangements, those affected by divorce can work towards financial security while ensuring the well-being of any children involved.

The idea of handling a divorce without legal representation may seem appealing, especially for those looking to save on legal fees. In Singapore, it is legally possible to file for divorce without engaging a lawyer, provided both parties are in agreement on key issues such as asset division, child custody, and spousal maintenance. This process, known as an uncontested divorce, can be straightforward if both individuals cooperate and comply with the necessary legal requirements.

However, while skipping legal representation might seem cost-effective, it is not always the best approach.

When Can You Divorce Without a Lawyer?

For a divorce to proceed smoothly without lawyers, both parties must agree on every major aspect of the separation. This includes the division of matrimonial assets, arrangements for any children involved, and spousal or child support payments. If there are disputes over any of these matters, the case becomes contested, which typically requires legal assistance to resolve.

Uncontested divorces in Singapore follow a two-stage process. First, the court grants an Interim Judgment, confirming that the marriage has irretrievably broken down. The second stage involves finalizing ancillary matters such as property division and custody arrangements. If both parties prepare their paperwork correctly and meet all court requirements, they can complete this process without legal intervention.

Steps to Filing for Divorce Without a Lawyer

Handling a divorce independently requires a solid understanding of the legal procedures and documentation involved. The process begins with filing a Writ for Divorce, a Statement of Claim, and a Statement of Particulars, which outline the reasons for seeking the divorce. Additional documents, such as an Agreed Parenting Plan (if children are involved) and an Agreed Matrimonial Property Plan (for HDB flats or other properties), must also be submitted.

Once these documents are completed, they must be filed with the Family Justice Courts. If the application is in order and both parties are in full agreement, the court will grant an Interim Judgment within a few months. After three months, the divorce can be finalized with a Certificate of Final Judgment.

While the paperwork may seem manageable, errors or missing information can lead to delays or complications. Even in an uncontested divorce, seeking legal advice to review the documents before submission can prevent unnecessary setbacks.

Potential Challenges of a Lawyer-Free Divorce

Although an uncontested divorce without lawyers is legally possible, it is not always advisable. Complexities often arise when dividing assets, calculating maintenance payments, or determining child custody arrangements. Without professional guidance, one party may unknowingly agree to terms that are unfavorable or legally disadvantageous.

Additionally, if power imbalances exist within the relationship—such as financial dependence or emotional pressure—one party may be pressured into an unfair settlement. A lawyer ensures that agreements are legally sound and that neither party is taken advantage of during negotiations.

Another challenge is the legal jargon and procedural requirements involved in the divorce process. Misinterpreting legal terms or submitting incomplete documents can result in delays, additional costs, or even the rejection of the application. While online templates and government resources exist to assist with self-representation, they do not replace the expertise of a trained lawyer.

When Seeking Legal Advice is Recommended

Even when both parties agree on the divorce terms, consulting a lawyer for at least a preliminary review is a prudent step. This ensures that the terms of the agreement are legally enforceable and that both parties fully understand their rights and obligations.

In situations where minor disputes exist but neither party wishes to engage in a lengthy court battle, mediation services can be an alternative. The Family Justice Courts provide court-led mediation to help resolve disagreements amicably without proceeding to litigation.

Weighing the Risks and Benefits

Handling a divorce without a lawyer can save money and reduce legal complexities in cases where both parties are fully aligned on the terms of separation. However, this route requires careful attention to legal procedures, clear communication between both individuals, and a willingness to navigate the legal system independently.

The decision to proceed without a lawyer should be based on the complexity of the case. While simple uncontested divorces can be managed independently, cases involving property division, custody disputes, or financial support arrangements often benefit from professional legal oversight. Seeking at least minimal legal guidance can prevent costly mistakes and ensure that all agreements are fair and enforceable.

Should You Divorce Without A Lawyer?

Even if you and your spouse reach an agreement, handling a divorce without a lawyer may not be advisable. Generally, in our experience, we noticed some individuals prefer “sharing” one lawyer. This means you and your spouse reach an understanding between yourselves, and one party opts to not have legal representation and rides on the spouse’s lawyer. This could be motivated genuinely for cost savings reasons.

At times, it could also be encouraged by the other spouse ( with legal representation), and the reason being that the other party would not complicate matters and would accept the divorce documents as drafted.

However this approach can be risky:

• One-Sided Advice: When you only have your spouse’s lawyer advising you, you might not be getting independent advice tailored to your interests.
• Unfair Playing Field: If you don’t have a lawyer of your own, you might be at a disadvantage, especially if there’s an imbalance in financial or legal knowledge.
• Unseen Pitfalls: Without your own legal counsel, you might not even realize the potential drawbacks of the agreement. A second opinion could reveal hidden issues that might cost you much more later on.

Ultimately, spending money now to engage a divorce lawyer on your behalf can provide the peace of mind you need, ensuring that your future rights are protected. Even a minimal independent review can help you avoid misunderstandings, safeguard your interests, and prevent costly complications down the road.

Going through a divorce brings many challenges, and for couples in Singapore, housing is often a primary concern. The process of separating lives includes figuring out what happens to a previously purchased Build-To-Order (BTO) flat or determining if buying a new one is still possible post-divorce. The eligibility criteria for purchasing a BTO flat after a marital split can be complex, with factors such as age, income, and family nucleus playing significant roles. Understanding these rules is crucial for those looking to secure stable housing after a major life change.

Need consultation of post divorce life? Talk to us to learn more.

What Happens to a BTO Flat After Divorce?

When a couple jointly owns a BTO flat, a decision must be made about its future during divorce proceedings. If the flat has not yet reached the five-year Minimum Occupation Period (MOP), both parties may be required to return it to the Housing & Development Board (HDB) unless one person is eligible to retain it. Generally, the right to keep the flat depends on several conditions, including whether there are children involved. If there are children under legal custody, care, and control of one parent, HDB may allow that parent to retain the flat, provided they meet eligibility requirements.

If the flat has already fulfilled its MOP, the options expand. Either party can take over ownership by buying out the other’s share, subject to HDB approval. If neither party wants to keep the property, it can be sold on the open market, and the proceeds divided based on the divorce settlement. However, financial and eligibility criteria must still be met to transfer ownership or retain the flat.

Buying a BTO Flat as a Divorced Individual

A person who has gone through a divorce may still qualify for a new BTO flat, but their eligibility depends on several key factors. One of the most important is age. If the individual is under 35, purchasing a new BTO as a sole applicant is generally not an option unless they have children under their legal custody, care, and control. The Singaporean housing system prioritizes family units, meaning that single applicants under 35 usually do not meet the eligibility criteria unless exceptional circumstances apply.

For those aged 35 and above, options are more flexible. A divorced individual in this age group can apply for a new BTO flat under the Single Singapore Citizen Scheme. However, income ceilings and other criteria still apply, which may limit the choice of flats. Additionally, if the applicant was previously the owner of a subsidized flat, they must fulfill a waiting period before applying for another subsidized unit.

Housing Grants and Financial Assistance

To support individuals seeking stable housing after divorce, various grants and financial assistance schemes are available. A divorced person purchasing a resale flat may qualify for the Singles Grant or Enhanced CPF Housing Grant, depending on their income level. If they are buying a BTO flat under the Single Singapore Citizen Scheme, they may also be eligible for grants that make homeownership more affordable.

For those facing financial difficulties, HDB offers additional support, including rental housing under the Public Rental Scheme. This option provides temporary relief while the individual works towards securing a permanent home. Understanding these grants and assistance programs can significantly impact the financial burden of securing post-divorce housing.

Special Considerations for Parents with Custody

Parents who retain custody of their children often receive priority when applying for a new flat. HDB recognizes the importance of stable housing for children and may provide exceptions to standard rules for divorced parents. For example, a divorced parent with sole custody of at least one child aged 18 or below may be eligible to apply for a BTO flat under the Assistance Scheme for Second-Timers (ASSIST). This is subject to the condition that they have not acquired any interest in an HDB flat or private residential property after the date of divorce.

Additionally, HDB takes a compassionate approach when evaluating housing appeals from divorced parents who face difficulty securing accommodation. If an individual is unable to buy a flat immediately, rental housing may be an option while they work towards homeownership.

Conclusion

Divorce does not necessarily mean losing access to public housing in Singapore, but it does require careful planning and an understanding of eligibility rules. Whether keeping an existing BTO flat or applying for a new one, divorced individuals must navigate various conditions related to age, income, and family status. Those with children have a higher likelihood of securing a flat, while single applicants under 35 may find their options limited. Housing grants and financial assistance can provide additional support, making it easier to transition into post-divorce living arrangements.

Divorce is a significant legal process that affects many aspects of life, from personal relationships to financial and legal obligations. For those curious about whether divorce records in Singapore are accessible to the public, the answer lies in the country’s legal framework. Unlike some jurisdictions where such records are easily obtainable, Singapore imposes strict privacy measures on divorce proceedings, ensuring that sensitive information is not freely available to the general public.

Confidentiality of Divorce Records in Singapore

The Family Justice Courts oversee divorce cases in Singapore, and all records related to these cases are kept confidential. This means that individuals outside of the involved parties, including the general public and media, do not have unrestricted access to these documents. The primary reason for this level of confidentiality is to protect the privacy of individuals, especially when cases involve children, financial disputes, or sensitive personal matters.

Only specific individuals and entities can access divorce records, and even then, access is subject to strict legal scrutiny. Typically, the parties involved in the divorce, their legal representatives, and authorized government agencies may obtain relevant documents. Even in these cases, the information is not freely disseminated and is used solely for legal or official purposes.

Who Can Access Divorce Records in Singapore?

While divorce records are generally private, there are certain circumstances where access may be granted. Parties directly involved in the divorce, such as the spouses and their lawyers, can request records from the Family Justice Courts. Additionally, government agencies may be permitted to access these records if required for official investigations or legal matters.

In some cases, researchers or legal professionals may seek access to anonymized data for study purposes. However, such access is granted on a case-by-case basis and often requires approval from the court. Even when access is allowed, restrictions ensure that the identities of the individuals involved remain protected.

Can the Public Obtain Divorce Records in Singapore?

Unlike some countries where anyone can search for divorce records, Singapore does not allow unrestricted access. Members of the public cannot simply request or search for another person’s divorce details. This ensures that personal and financial information remains protected and is not used for malicious intent.

Even if someone wishes to obtain information about a divorce case for personal reasons, they would typically need a legitimate legal basis to make such a request. Courts prioritize privacy and will not release records unless there is a valid justification under Singaporean law.

What Information Is Included in Divorce Records?

Divorce records in Singapore contain various details related to the case. These may include information about the parties involved, grounds for divorce, financial settlements, child custody arrangements, and court decisions. Due to the sensitive nature of these details, the courts ensure that they remain private, reinforcing the country’s commitment to safeguarding personal data.

Legal professionals and individuals directly involved in a case may access documents such as the divorce certificate, judgment papers, and ancillary orders. However, even these documents are subject to certain restrictions, preventing misuse or unnecessary exposure.

Legal Implications of Accessing Divorce Records

Since divorce records in Singapore are not publicly accessible, any attempt to obtain them without proper authorization can have legal consequences. Unauthorized access or misuse of confidential court documents can result in penalties, reinforcing the strict privacy laws surrounding family court proceedings.

For those who require divorce records for legitimate reasons, following the legal channels is essential. Whether for legal proceedings, official verification, or personal documentation, compliance with the established procedures ensures that privacy laws are upheld.

Conclusion

Divorce records in Singapore are not public, and access is restricted to protect the privacy of individuals involved in family court proceedings. The Family Justice Courts enforce strict confidentiality measures, allowing only authorized individuals to obtain such records under specific circumstances.

Need advice or consultation on divorce matters? Talk to us today to understand your rights and options.

Family inheritance is a sensitive matter. At a time when you are still grieving the loss of a loved one, quibbling and quarrelling about who gets what is not something one would wish to engage in. While pop culture and media are obsessed with large family fortunes – just look at the hit movie Knives Out and the media’s interest in the vast fortune of late Casino King Stanley Ho, the reality is that large family fortunes often leads to ugly inheritance disputes, even if where there is a Will clearly stating who gets what.

At the center of most inheritance disputes is the Executor of deceased’s estate (where the deceased had executed a Will). The Executor is the only person that is legally entitled to carry out the terms of the Will, including the distribution of the deceased’s assets, and is thus the all-important “gateway” to Beneficiaries (persons entitled to share of the deceased’s estate) getting their share of the inheritance.

Given the Executor’s role, it is natural for Beneficiaries to look to the Executor for updates and accountability on the state and administration of the deceased’s estate. However, in our experience, not all Executors are cooperative and transparent in their decision-making, and often may either give no answers or unsatisfactory answers to the Beneficiaries. The Singapore Court of Appeal case of UVJ and others v UVH and others and another appeal [2020] SGCA 49 (“UVJ”) is a good example. The case revealed that the executor Brothers of their late father’s estate did not inform and did not distribute to their Sisters their share of the inheritance for 19 years.

In this article, we discuss the Beneficiary’s right to the accounts of the estate managed by Executor. If you are a Beneficiary currently facing difficulties with your Executor, this may be a powerful tool in obtaining answers and accountability from your Executor.

Beneficiary’s Right to Accounts

At law, Executors have a special relationship to Beneficiaries under a Will, known as a fiduciary relationship. What this means is that an Executor owes duties to you as a Beneficiary, to act in your best interest when administering the deceased’s estate. Practically speaking, this means the Executor should inform you of what you are entitled to under the Will and distribute your share of the deceased’s assets in a timely manner.

As to what a “timely manner” means, this really depends on the facts and whether the Executor has a good reason for the delay. In UVJ, the Brothers told the Court that they did not distribute the Sisters’ share to them because of oversight. The Court did not buy this excuse and added that the Brothers could have taken legal advice on this. Given that the costs of obtaining legal advice can be covered by the deceased’s estate i.e. not using the Executor’s own money, there is really no reason why an Executor should not obtain legal advice if he or she is unsure about how to administer the estate – see Section 57(4) of the Probate and Administration Act.

The Executor must also keep proper accounts of the administration of the estate. Crucially, if asked by a Beneficiary for these accounts, an Executor is obligated at law to furnish such accounts. The accounts are required to show the monies and assets received by the Executor and how he or she had dealt with them.

Thus, as a first step, a Beneficiary should always request to see the accounts from the Executor if there is suspicion that the estate is not administered properly.

Court Process of Taking of Accounts

If the Executor is not cooperative, or if you are unsatisfied after reviewing the accounts (because of lack of detail, suspicious entries, etc.), you can apply to Court for a process called the Taking of Accounts. As a Beneficiary, you are entitled to this process as of right, and you do not have to first show that the Executor acted improperly. This is useful if you are unsure if there was indeed anything wrong in the accounts. (Do note that, as with any Court process, the Court may still decline granting the Taking of Accounts even though it is your right, for example, if it would be oppressive to the Executor to do so).

The Taking of Accounts may then reveal discrepancies in the account. At that stage, you may seek a further inquiry or account on what happened to the assets or monies. If there is evidence that the Executor acted improperly, you can then pursue certain remedies depending on what the Executor had done i.e. made an unauthorised payment or investment, profited himself at the expense of the estate etc, and have that money paid back to the estate. As with any case, whether the Executor had acted improperly really depends on the facts. If you would like legal advice on this, please feel free to reach out to us at the contact details below.

In certain circumstances, as was the case in UVJ, the Taking of Accounts may reveal serious misconduct and improper administration of the estate by the Executor and result in his or her removal. This may just be the best outcome given that a more impartial and objective party can step in to ensure a timely and proper distribution of the assets (for example, a professional executor or a lawyer). The executor Brothers in UVJ were removed as the Court found that they intentionally failed to inform and distribute to the Sisters their share of the estate and tried to cover up their improper administration of the estate.

What Next?

In family inheritance matters, it is common for the Executor to be a family member of the deceased. We know that family dynamics can be tricky, and where the Executor appointed is a family member you do not get along with, the proper administration of the deceased’s estate can be a frustrating process. While no one wishes to be seen as being overly concerned with money or suspicious of a family member for no rhyme or reason, we see from UVJ that not asking relevant questions can lead to 19 years of improper administration of the deceased’s estate.

At the end of day, if you have a good relationship and a cooperative Executor, there is no need to resort to a formal demand for an account or take up a Court action. However, knowing what your rights are is crucial and important should things subsequently become complicated.  

We know that dealing with these problems while still grieving the loss of a loved one can be painful. Adding to that, the complexity of family dynamics can make the whole process frustrating and lead to further breakdown of family relationships. As experienced inheritance dispute lawyers, we are well-versed with the sensitivities involved, and based on your needs and objectives, will tailor our advice and strategies to achieve the best outcome for you in the least painful manner.

If you would like to discuss any of these further, please do get in touch with us.

Divorce is a significant life event that can be both emotionally and legally complex. In Singapore, the divorce process follows a structured legal framework, making it crucial to engage the right attorney or lawyer to guide you through it. Whether navigating property division, child custody, or spousal support, professional legal support ensures your rights and interests are safeguarded during this challenging time.

Divorce Laws in Singapore

Singapore’s divorce process is governed by the Women’s Charter 1961, which applies to civil marriages. Under this law, specific requirements must be met to initiate a divorce, including proving that the marriage has irretrievably broken down. Understanding these legal principles is essential when choosing a lawyer to guide you through the process. To learn more about the legal grounds and procedures, read our comprehensive divorce guide here. If you’re facing a situation where you and your spouse cannot agree on the terms of the divorce, learn more about contested divorce here.

Assessing Your Legal Needs

Before approaching a divorce lawyer, it is essential to evaluate your situation and determine the level of legal support you require. Factors such as the complexity of your case, the presence of children, and the division of assets will influence the type of attorney you should hire.

For straightforward, uncontested divorces, you may need a lawyer experienced in mediation and settlement agreements. Conversely, contested divorces with significant disputes may require a litigator with extensive courtroom experience.

Our team is well-versed in handling both types of cases—whether you need a skilled negotiator or a seasoned litigator.

Click here to browse our lawyer list and their extensive experience.

How to Choose A Divorce Lawyer & Attorneys In Singapore?

Experience in Family Law

Experience in family law is critical when navigating sensitive and complex legal issues such as divorce, child custody, spousal maintenance, and asset division. A skilled family lawyer brings a deep understanding of the legal framework, including the Women’s Charter and relevant court procedures, ensuring your case is handled efficiently and professionally.

Their expertise extends beyond technical knowledge, offering compassionate guidance and tailored strategies to resolve disputes amicably or represent you assertively in contested matters.

Jacque Law has proudly been recognized as one of Singapore’s Best Family Law Firms in 2024 by The Straits Time, reflecting our dedication to excellence in family law practice.

This prestigious ranking highlights our commitment to providing top-tier legal advice and representation, addressing complex matters such as divorce, child custody, prenuptial agreements, and asset division with professionalism and care.

Compatibility and Empathy

Compatibility and empathy are vital when working with a family lawyer, as the relationship often involves deeply personal and sensitive issues. A good lawyer should understand your unique circumstances, show genuine concern for your well-being, and approach your case with sensitivity. Compatibility ensures a smoother working relationship, while empathy allows the lawyer to advocate for your needs effectively, helping you feel supported and understood throughout the legal process.

Communication and Accessibility

Effective communication and accessibility are key qualities of a dependable family lawyer. A lawyer should not only provide clear, concise advice but also keep you informed about your case’s progress at every stage. Accessibility ensures that your concerns are addressed promptly, offering peace of mind during what is often a stressful time. A lawyer who prioritizes open communication fosters trust and ensures that you remain an active participant in the decision-making process, guiding you confidently through legal challenges.

Cost Considerations

Legal fees for divorce cases in Singapore can vary significantly based on the lawyer’s expertise, the complexity of the case, and whether the divorce is contested or uncontested. It’s essential to request a detailed breakdown of costs, including consultation charges, retainer fees, and any additional expenses, before hiring a lawyer.

While some law firms offer fixed-fee packages for uncontested divorces, these packages may sometimes include hidden fees or exclude essential services. To avoid surprises, it’s best to consult a lawyer directly, discuss your specific needs, and agree on a clear pricing arrangement upfront. For contested divorces, where costs can escalate due to court proceedings and extended negotiations, understanding the billing structure is even more critical.

While affordability is important, it’s equally crucial not to compromise on quality when selecting a lawyer. Opting for the cheapest option may lead to inadequate representation or unforeseen complications, which can ultimately cost you more in the long run. Always prioritize the lawyer’s expertise and track record to ensure they deliver the value and results you need for a successful resolution.

Initial Consultation: What to Expect

Many divorce lawyers offer an initial consultation to discuss your case and outline potential strategies. This meeting is an opportunity to assess whether the lawyer is a good fit for your needs. During the consultation, be prepared to provide a detailed account of your situation, including financial details and any existing agreements with your spouse.

Pay attention to how the lawyer communicates with you. A good attorney should listen attentively, answer your questions clearly, and provide realistic expectations about the legal process. Transparency regarding fees is also important to ensure there are no surprises later in the process.

Mediation vs. Litigation

Mediation and litigation are two primary approaches to resolving divorce disputes. Many lawyers in Singapore encourage mediation as a first step, as it is often faster, less expensive, and less adversarial than going to court. A skilled lawyer can guide you through mediation while protecting your interests and ensuring that any agreements comply with legal requirements.

If mediation fails, litigation may be necessary. In this scenario, the lawyer’s courtroom experience becomes critical. A strong litigator can present your case persuasively, counter opposing arguments, and advocate for your rights effectively in court.

Post-Divorce Matters

Even after the divorce is finalized, legal matters such as child custody modifications, enforcement of maintenance orders, or disputes over property settlements may arise. Choosing a lawyer who offers comprehensive post-divorce support can provide peace of mind, ensuring that your rights continue to be protected.

Conclusion

Choosing the right divorce attorney in Singapore is crucial to ensuring a fair and favorable outcome for your case. To make an informed decision, it’s important to understand the legal framework, identify your specific needs, and evaluate lawyers based on their expertise, reputation, and communication abilities. An experienced and empathetic lawyer will not only advocate for your interests but also offer valuable guidance and support, helping you navigate this difficult period with confidence and clarity.

Contested divorces rank among the most difficult and emotionally taxing legal proceedings a couple can undergo. They often involve intense emotions, complicated legal procedures, and life-altering decisions that shape the future of everyone involved, including any children. In Singapore, the contested divorce process differs significantly from that of an uncontested divorce, requiring a thorough understanding of its unique legal requirements, procedural steps, and potential outcomes.

Additionally, parties must be prepared to engage in multiple court case conferences, mediation sessions, and potentially litigation, all while balancing the emotional toll that such disputes can take.

Unlike uncontested divorces, where both parties agree on all terms such as property division, child custody, and maintenance, contested divorces arise when disagreements exist over any of these key issues. This can lead to prolonged negotiations, court hearings, and, in some cases, formal trials.

The process not only demands careful navigation of legal statutes but also necessitates emotional resilience and strategic decision-making.

Resolving Disputes in Divorce

A contested divorce occurs when spouses cannot reach an agreement on one or more critical aspects of their separation. These disagreements may involve issues such as property division, child custody, spousal maintenance, or the grounds for divorce itself. When no resolution can be reached amicably, the court steps in to adjudicate the matter.

Contested divorces in Singapore proceed under the framework of the Women’s Charter, a comprehensive statute governing family law in the country. The law emphasizes fairness, accountability, and the best interests of children, ensuring that parties are treated equitably.

However, the process can be time-consuming and emotionally draining, making preparation and understanding crucial.

Grounds for Marital Breakdown

Disputes over the grounds for divorce frequently arise when one party denies the allegations made by the other. For instance, claims of adultery or unreasonable behavior must be substantiated with sufficient evidence. Under Section 95 of the Women’s Charter, the irretrievable breakdown of the marriage is the sole ground for divorce, with specific facts used to prove this breakdown.

Disagreements may occur when one party contests the allegations, requiring the applicant to provide clear documentation or witness testimony. In such cases, the court evaluates the evidence carefully before making a determination.

The Steps in a Contested Divorce

Filing the Writ of Summons

The divorce process begins with filing a Writ of Summons and a Statement of Claim at the Family Justice Courts. The Statement of Claim outlines the facts relied upon to prove the irretrievable breakdown of the marriage, as well as the orders sought regarding custody, maintenance, or property division.

Once the documents are filed, the applicant must serve them on the respondent. Prior to filing the Writ of Summons, one must attend the Mandatory Co-Parenting Programme (MPP) if you have a child below 21 years of age.

Mediation and Counseling

Before advancing to a full hearing, the court often mandates mediation or counseling sessions. These aim to help parties resolve their differences amicably and minimize the adversarial nature of the divorce. If there are children below 21 years of age, mediation is compulsory.

Mediation provides a structured environment where parties can negotiate with the assistance of a neutral third party. It is especially encouraged in the counseling process, particularly when children are involved, as their well-being is a primary concern.

Preparing for the Hearing

If mediation fails, the contested issues proceed to a hearing. Both parties must prepare their evidence, including documents and witness testimonies, to substantiate their claims. Legal representation is strongly recommended during this stage, as family law proceedings require expertise in presenting evidence and arguments effectively and such evidence need to be set out in a written format by way of affidavits and kept within legal submission.

The hearing allows the judge to assess the oral and written legal submissions from both sides before delivering a judgment. This decision can include rulings on child custody, spousal maintenance, and division of matrimonial assets.

Key Issues in Contested Divorces

Child Custody and Welfare

Child custody is among the most emotionally sensitive aspects of a contested divorce. In Singapore, courts place the highest priority on the best interests of the child, evaluating factors such as the child’s age, the bond with each parent, and each parent’s ability to provide a stable and supportive environment.

Custody arrangements can take several forms: sole custody, where one parent has exclusive decision-making authority; joint custody, where both parents share responsibility; or hybrid arrangements, where one parent holds custody while the other retains access rights. Judges often rely on professional guidance, such as reports from court-appointed counselors or social welfare officers, to make informed decisions.

Disputes frequently center on custody rights, access schedules, and living arrangements. To ensure the child’s welfare remains paramount, the court adheres to Sections 123 to 125 of the Women’s Charter, which underline the principle that the child’s best interests are the primary consideration.

In complex cases, the court may appoint a Child Representative or request detailed reports from welfare officers or counselors. These inputs provide crucial insights into the child’s specific needs and the parenting capacities of both parties, helping the court arrive at a decision that fosters the child’s well-being.

Division of Matrimonial Assets

Matrimonial asset division is another frequent point of contention, governed by Section 112 of the Women’s Charter. These assets include property, savings, investments, and even contributions to the Central Provident Fund (CPF) accumulated during the marriage.

The court aims for a “just and equitable” division, which considers both direct and indirect contributions by each party. Direct contributions include monetary investments, such as purchasing property, while indirect contributions may encompass non-financial roles like homemaking and child-rearing.

Disputes can arise when parties disagree over the value of assets, the extent of contributions, or whether certain assets qualify as matrimonial property. In contentious cases, professional valuations or financial experts may be required to provide clarity.

Maintenance for Spouse and Children

The issue of spousal and child maintenance often sparks disagreements during contested divorces. Sections 68 to 72 of the Women’s Charter outline the principles governing maintenance, ensuring that financial needs are met while balancing the ability of the paying party to provide support.

Spousal maintenance disputes typically involve disagreements over the amount or necessity of support. The court considers factors such as the standard of living during the marriage, each party’s financial independence, and contributions to the marriage.

For child maintenance, the court considers the child’s needs, including education, medical expenses, and day-to-day living costs, alongside the parents’ financial capacities. Failure to comply with maintenance orders can lead to enforcement actions under Section 71 of the Women’s Charter.

Disagreements Over Legal Costs

The issue of legal fees is a significant concern in contested divorces. Protracted disputes often result in substantial costs, leading to conflicts about who bears the burden of these expenses.

While the court may order costs to be shared or borne by one party, disagreements over the fairness of such orders can prolong the proceedings.

Challenges of Contested Divorce

Contested divorces can be prolonged and costly, placing a strain on finances and emotional well-being. Additionally, the adversarial nature of the proceedings can affect family relationships, particularly when children are involved.

Engaging a qualified family lawyer is critical to navigating these challenges. They provide not only legal representation but also strategic guidance and support throughout the process.

Tips for Managing a Contested Divorce

Staying Objective

It is easy to let emotions cloud judgment during a divorce. Staying focused on practical outcomes and working towards resolutions, even in challenging situations, can make a significant difference.

Prioritizing Children

For couples with children, their welfare should remain a central concern. Shielding children from conflicts and maintaining open communication about the changes they face can help ease their transition.

Seeking Support

Professional counseling or support groups can offer a safe space to process emotions and gain clarity. Additionally, friends and family members often provide a vital network of emotional support during this time.

Conclusion

Handling a contested divorce in Singapore requires a solid grasp of the legal process, careful planning, and a focus on achieving fair outcomes. Although the process can be challenging, the Women’s Charter provides a structured framework to ensure fairness and protect the interests of all involved.

With professional guidance and a commitment to constructive solutions, those involved can emerge from this chapter with clarity and a foundation for the future.

Divorce is a major life decision, and understanding the legal process can help manage expectations and navigate the path more confidently. In Singapore, divorce proceedings are managed by the Family Justice Courts, which aim to resolve cases with fairness and efficiency. The process is structured to balance each spouse’s rights and responsibilities, and ensure that the welfare of any children involved is protected.

Legal Grounds for Divorce

In Singapore, the only legal ground for divorce is the “irretrievable breakdown of the marriage.” To prove this, one spouse (the “plaintiff”) must demonstrate one of six legally accepted facts. These facts are:

1. 1. Adultery: The plaintiff must prove that the other spouse has committed adultery, which has made continuing the marriage intolerable.
   2. Unreasonable Behavior: The defendant’s behavior is deemed so unreasonable that the plaintiff cannot reasonably be expected to continue the marriage.
   3. Desertion: The defendant has deserted the plaintiff for a continuous period of at least two years.
   4. Separation for Three Years (with Consent): The couple has lived apart for at least three years, and both parties consent to the divorce.
   5. Separation for Four Years (without Consent): The couple has lived apart for at least four years, in which case consent from the other spouse is not required.
   6. Mutual Agreement – The couple has agreed that the marriage has broken down and there is no chance of reconciliation.

In all cases, the couple must have been married for at least three years before initiating divorce proceedings, except under specific circumstances where severe hardship or abuse is demonstrated.

Stages of the Divorce Process

The divorce process in Singapore consists of two main stages: the dissolution of the marriage and the ancillary matters stage. Each stage involves different procedures and considerations.

1. Dissolution of the Marriage

The first stage focuses on determining whether the marriage should end based on the irretrievable breakdown of the marriage. This stage can either be uncontested or contested.

Uncontested Divorce

An uncontested divorce occurs when both parties agree on the grounds for divorce and all related matters. This process is typically faster and less costly since it avoids prolonged court proceedings. Once the couple agrees to the terms, they submit the necessary documents to the Family Justice Courts for approval.

Contested Divorce

In a contested divorce, the spouses disagree on the grounds for divorce or on the ancillary matters, leading to a need for the court to step in. The process may require multiple hearings and mediation sessions, which can make it lengthy and expensive.

2. Ancillary Matters

After the court grants an Interim Judgment for the dissolution of marriage, it will address ancillary matters, which include child custody, division of assets, and spousal maintenance.

Child Custody, Care, and Control

The primary consideration in child custody matters is the welfare and best interests of the child. Custody determines which parent has the legal authority to make major decisions for the child, while “care and control” refers to the day-to-day care and living arrangements for the child.

 

 

In Singapore, common custody arrangements include:

Joint Custody: Both parents retain equal responsibility for major decisions in the child’s life.

Sole Custody: One parent has exclusive authority over the child’s major decisions.

Hybrid or Split Custody: Arrangements where specific decisions are shared or split between parents based on mutual agreement or court orders.

In most cases, the courts lean toward joint custody, which allows both parents to remain involved in the child’s upbringing, unless it is proven to be against the child’s welfare.

Division of Matrimonial Assets

The Family Justice Courts are responsible for dividing matrimonial assets based on principles of “just and equitable” distribution. Matrimonial assets generally include all property acquired by either or both parties during the marriage, as well as property used for the family’s benefit, regardless of when it was acquired.

Factors considered in asset division include:

• Each party’s direct and indirect contributions to the marriage
• The needs and interests of any children involved
• The length of the marriage
• Each party’s economic status and future needs

Spousal and Child Maintenance

In Singapore, the law requires a spouse to financially support the other spouse and any children from the marriage. Maintenance considerations apply to both husbands and wives, though maintenance claims by husbands are rare. Child maintenance, however, is required regardless of custody arrangements, as both parents have a responsibility to support their children financially.

The court assesses the following factors for maintenance

1. The financial needs and income of the applicant
2. The applicant’s ability to work and their expected earning capacity
3. The standard of living enjoyed during the marriage
4. Each party’s age, health, and ability to meet their financial needs

Maintenance payments can be ordered in a lump sum or as monthly installments. Additionally, the courts have the power to revise maintenance orders if there is a significant change in either party’s financial circumstances.

Alternative Dispute Resolution in Divorce Cases

To reduce the emotional and financial burden on families, Singapore’s Family Justice Courts encourage couples to explore Alternative Dispute Resolution (ADR) methods, such as mediation and counseling.

Mediation

Mediation aims to help both parties reach a mutually agreeable resolution for disputes regarding children, assets, or maintenance. The Family Dispute Resolution Division (FDRD) of the Family Justice Courts provides mediation services conducted by court-trained mediators who facilitate constructive communication between the spouses. Successful mediation can reduce the need for court intervention, saving time and costs.

Counseling

The Family Justice Courts also provide counseling services to help couples handle emotional challenges and, in some cases, reconsider the decision to divorce. Counseling sessions focus on understanding each party’s concerns and the potential impact on children. Couples are encouraged to work toward amicable solutions or improve communication, which can help them co-parent effectively after the divorce.

Filing for Divorce: Step-by-Step Process

For those pursuing divorce, understanding the specific procedural steps is crucial. Here’s a simplified breakdown of the more important steps:

1. Filing the Writ of Summons and Statement of Claim

The divorce process officially begins when the plaintiff files a “Writ of Summons” and a “Statement of Claim” with the Family Justice Courts. The Writ of Summons indicates the plaintiff’s intention to divorce, while the Statement of Claim outlines the grounds for divorce and includes details about any children, property, and other relevant factors.

2. Service of Documents to the Defendant

After filing, the plaintiff must serve the documents to the defendant (the other spouse). If the defendant is in Singapore, they must be served personally. If they are overseas, the documents can be served through specific channels as stipulated by Singaporean law.

3. Defendant’s Response

The defendant has a set period (usually eight days) to acknowledge receipt of the divorce papers and state whether they intend to contest the divorce. If contested, the court schedules a Case Management Conference (CMC) to address the issues and determine whether mediation could help resolve disagreements.

4. Hearing and Issuance of Interim Judgment

If the case proceeds to a hearing, the court reviews evidence and arguments before making a decision. If the court is satisfied with the evidence that the marriage has broken down, it issues an Interim Judgment, effectively granting the divorce but delaying its finalization until ancillary matters are settled.

5. Ancillary Matters Hearing

The court schedules a separate hearing for ancillary matters, where both parties or their respective lawyers present their cases regarding children, assets, and maintenance. If agreements are reached through mediation or other means, the court formalizes them. Otherwise, the judge issues a ruling based on the presented evidence.

6. Final Judgment

After resolving ancillary matters, the court grants a Final Judgment, officially ending the marriage. This needs to be at least three months after the Interim Judgment, marking the formal end of the divorce process.

Navigating Post-Divorce Life

Divorce marks the start of a new chapter, and adapting to life afterward is key. Adjusting to co-parenting responsibilities, managing finances independently, and navigating future relationships all require a proactive approach and potentially support networks. Many people find it beneficial to seek counseling or join support groups to ease the transition and create a strong foundation for their new beginning.

In Singapore, the legal framework supports fair and equitable treatment of both spouses while prioritizing the welfare of children. Understanding the process, making use of available resources, and seeking professional guidance can help individuals navigate each stage confidently and prepare for a fulfilling post-divorce life.

Jacque Law (Divorce) is dedicated to supporting clients throughout this journey, offering comprehensive resources, professional counsel, and compassionate support tailored to each unique case. Our goal is to help clients understand the process fully, make informed decisions, and move forward with confidence and peace of mind.

Death is a taboo subject to many. Therefore, people choose to avoid discussion on the subject. However, the increasing number of deaths caused by the coronavirus pandemic globally has now brought home the possibility and fear of death to many people. With social distancing measures and lockdowns in place, you may find yourself having more time to plan for and focus on important and fundamental issues that matter to you. It may be an opportune time to prepare an estate plan if you do not already have one. A well thought out and properly executed estate plan will ensure that your loved ones are provided for when you are no longer around.

In this article, we address certain misconceptions about wills and why it is advisable and beneficial to seek the help and advice of a specialist trusts and estates legal professional to make your will.

1.  I am not wealthy and I do not have many assets, so it is not necessary for me to make a will.

You don’t need to have vast wealth to make a will.

A will ensures that your assets (regardless of value) are left to the persons whom you intend to receive these assets after you pass on.

In fact, vulnerable family members in less well-to-do households will benefit from a properly executed will as that ensures that they receive the financial support to continue with their lives after the breadwinner passes.

It is also common for Singaporeans to own their homes. Your home may well be worth at least half a million dollars, and its value will continue to grow as you age. Most Singaporeans may also have life insurance policies, which will, upon one’s passing, pay out anything from a few hundred thousand to even a million or more dollars.

It only takes a small investment of time and money to make a proper will to ensure that your assets (which may continue to grow over the years) to be properly distributed after you are gone. Moreover, after one’s death, distribution of assets if one has a will would be much faster, cost- effective and easier process compared to if one does not have a will.

2.  The law will provide for the distribution of my assets, so I do not need a will.

It is true that if you do not have a will, the state can provide for the distribution of your assets according to the Intestate Succession Act.

However, the intestacy laws may not be in accordance with your wishes, and can lead to the following unintended and undesirable consequences:

(a)  Some of your loved ones may be left out.

For example, if you are an adult in your late 30s or early 40s who is married with children, and if your parents are still alive at the time of your death, your parents will not receive any of your assets. Under intestacy laws, 50 per cent. of your assets will go to your spouse and the remainder 50 per cent. to your children. You would have to rely on the goodwill of your surviving spouse to take care of and maintain your parents, and that is assuming they got along when you were alive!

Another example is that if you are in a committed relationship but not married, your partner would receive nothing at all from your estate.

(b)  This may cause unhappiness amongst the family members.

While it is easy to divide monies in a bank account based on simple mathematics, family members may not see eye to eye when dividing personal possessions or immovable property. What does it mean to divide a property equally between all the surviving children? What happens if one sibling wishes to stay in the property with his wife and children, and the other wishes to sell the property. Would the former be required to pay rent to the other sibling, and if so, how much should the rent be? Alternatively, should he purchase his sibling’s share of the property, and what if he does not have the money to do so?

What about your jewellery and/or watches? Which child or relative should receive your diamond ring(s) or luxury watch(es)? Do you possess any paintings or carpets which may or may not have significant monetary value but of sentimental value to you?

The responses to these questions may not be straightforward, especially as relationships change and time passes.

If you have a preference as to how your assets should be distributed, it is important to make a will to ensure that your assets are distributed according to your wishes, and to make special provisions for your loved ones.

3.  I only have one child so there will not be any inheritance dispute.

A will allows you to state who should act as the guardian for your child in the event that you and your spouse die before your child turns 21. If you do not have a will, the decision could be left to the family courts, who may choose a person that you or your spouse may not agree with.

Additionally, some may feel that their child, despite being of legal age, may be too young to manage a potentially significant sum of money. To address that concern, a trustee (who can be a trusted family member or an unrelated third party) can be appointed in a will to hold and manage the assets for the child until the child reaches a certain age or milestone. For example, the trustee can be instructed to earmark a sum of money for the child’s further education or for the purchase of the child’s first home. Significant assets can also be released to the child after he or she turns 30, or assets can be distributed to the child on a yearly basis. This gives parents the peace of mind that there is some supervision and control over the way their child will use the inheritance.

4.  I have already distributed most of my wealth to my children in my lifetime.

Dividing up an estate can sadly lead to quarrels and damage relationships among your family members and can be expensive if the dispute escalates into protracted legal proceedings. In the absence of expressly written wishes, family members may have different interpretations of the actual intentions of a person who has passed away. Consider this illustration. You own 2 properties and have gifted your elder child one of these 2 properties in your lifetime. You co-own the second property with your younger child with the intention that, upon your passing, the property will be inherited by your younger child. These intentions may not have been made clear to both children and without a will, could remain unclear after your passing. Your elder child may have had a different expectation and may have thought that your (50 per cent.) share of the second property would be distributed equally to both children.

If friendly discussions fail, legal disputes may ensue between the children in future. This can be avoided if your intentions are made clear in a will.

5.  Wills are for the elderly.

We will never know for sure when and how we will pass on. A death can occur when we least expect it. Without a will, distribution of your assets may take many months, and sometimes even years if it is legally disputed. Meanwhile, your loved ones, especially young children and elderly parents, will have no means of supporting themselves.

Making a will is simply a tool to plan ahead for the inevitable, whenever it may arrive. It will give you peace of mind knowing that those close to you will be taken care of when you are no longer around.

6.  Making a will is complicated.

Some worry that making a will involves a full review of their finances and will take a long time to complete.

Depending on the size of your assets and the wishes you would like to make in your will, drawing up a will may only take a few days. The process usually requires a first meeting (or video- conference) where your legal adviser will discuss your needs with you and take your instructions, and a second meeting with your legal adviser to go through the final document and to sign it. Any other discussion on the contents of the will, if necessary, can take place by telephone call or e-mail.

You do not need to have all the latest details of your assets in order to prepare your will. All that is required is a broad idea of what your assets comprise so that your legal adviser can advise you accordingly. It is not necessary to produce evidence of your assets or a detailed breakdown of what you own.

7.  Making a will is expensive, so I would rather do it myself.

A poorly written will is at risk of being invalid if it does not meet all the legal requirements. In addition, if there is any ambiguity or contradictory information in the will, this causes uncertainty and opens the possibility for the will to be contested in court, incurring unnecessary legal costs and causing distress for your loved ones.

Aside from ensuring that legal requirements are met, an experienced trusts and estates lawyer will understand the nuances of drafting the will to prevent ambiguity and uncertainty and minimise the possibility of litigation risks in future. He or she will also be able to advise you on what a will can or cannot do, and the steps that you may have to take to put your affairs in order. This is because they can help to implement them after a client has passed away (which is part of the process of extracting the grant of probate under the Probate and Administration Act, which only lawyers can carry out).

Mistakes in a will can be costly and potentially disrupt family harmony. Therefore, it is not advisable for one to minimise costs in this area simply because of the availability of cheaper solutions elsewhere. Seeking advice from a specialist trusts and estates lawyer may cost more, but the result is a will that is tailored specially for your needs and not based on a standard template or formula.

As part of our estate planning practice, we regularly advise on and prepare wills for our clients to help them to manage and distribute their wealth. Our experience in contentious disputes, including mental capacity, probate and inheritance related disputes, gives us an advantage as we are able to anticipate possible risks. This enables us to advise you on how best to structure your estate plan to avoid future disputes down the road.

We believe that it is only by getting to know each individual and family, and understanding their background, wishes and relationships, can we advise on and prepare wills that ensure families and relationships are protected.

A will made with us will be personal to you, bespoke and tailored specially for your needs and concerns.

If you would like to discuss any of these further, please do get in touch with us.

The loss of a loved one is always painful and often comes as a shock. With frequent exposure to news of tragedies and statistics, it’s easy to become desensitized to the numbers. Yet, for those who have experienced the death of a close friend or family member, this loss is deeply personal and profoundly real.

Dealing with the loss of a loved one is never easy. Adding to that, is the stress of having to deal quickly with the funeral arrangements and the distribution of the deceased’s assets in a short time after the deceased’s passing. This can be a very stressful and emotional period for most.

As experienced probate and estate administration lawyers, our goal is to guide our clients with a steady and supportive hand in managing their loved one’s estate during challenging and stressful times. If you are feeling uncertain after the passing of a loved one, we hope the insights shared in this article offer you some clarity on the steps to take next.

Find out if a Will was made.

As an immediate family member of the deceased, you may have an idea as to whether the deceased had made a Will in his or her lifetime, and the likely locations that the Will may be kept.

If you are aware that there is a Will, and have already located it, do make sure that you do not lose it. Keep it in a safe place and make copies of it. You would need the original Will to apply for a Grant of Probate.

If you know that the Deceased did not make a Will, this will mean that instead of applying for a Grant of Probate, you will be applying for a Grant of Letters of Administration.

If you are uncertain whether the deceased had made a Will, we would suggest conducting a thorough search of the deceased’s personal belongings, and any other likely places that the Will may be kept. It is also worthwhile to speak to other family members or close friends of the deceased to find out if the deceased had made a Will in his or her lifetime. Often, there are clues among one’s personal belongings that will hint at the possible existence of a Will. For example, one of our clients located a lawyer’s name card while rummaging through his late mother’s cabinet and this was helpful towards tracing the existence of the Will.

You could also conduct a search on the Wills Registry. While the Wills Registry does not hold a copy of the actual Will, it may point you towards persons or the law firm that has it (provided that the deceased had deposited this information with the Registry).

Who should distribute the Assets?

The person(s) in charge of distributing the Assets is/are called Executor(s) for Grant of Probate or Administrator(s) for Grant of Letter of Administration.

(a)  Where there is a valid Will, the Will should typically identify at least one Executor. Under the law, you can name up to four Executors in the Will. The Executor is responsible for distributing the deceased’s assets in accordance with the Will to the beneficiaries (the persons entitled to a share of the deceased’s estate).

(b)  But where there is no Will or if the deceased did not name the executor in his Will, it is important to decide who bears the responsibility to distribute the deceased’s assets. In other words, who is to be the Administrator of the deceased’s estate. Should it be the spouse of the deceased? A sibling of the deceased? One of the deceased’s children? Should it be the eldest child?

As each family’s situation is different, there is no right answer to this question. What a potential Administrator must note is that he or she may have to formally ask the other family members to give up or renounce their right to be an administrator if these family members are equal or higher in rank or priority. The way the renunciation can be made is found in Section 3 of the Probate and Administration Act.

The law specifies a ranking or priority system for persons entitled to apply for the Grant of Letters of Administration. This rank or priority is determined by the percentage or share of the deceased’s estate a person receives under the Intestate Succession Act (which only applies if the deceased died without a will). Simply put, the larger the share of estate you are entitled to, the higher in rank or priority you are.

There are many good reasons why a person of lower rank or priority should be the Administrator. One example is where the spouse of the deceased (who is entitled to a larger share) is alive but unable to practically administer the estate as he or she may be elderly. As the child of the deceased, you may be more mobile and be better placed to do so.

Identifying the Assets available for distribution

Banks, the Singapore Land Authority, HDB, as well as other financial and property related entities, would require the Executor or Administrator to be authorised by the Court and be given a copy of the Grant of Probate or the Grant of Letters of Administration, before allowing the transfer of the assets from the deceased to the beneficiaries.

A Schedule of Assets must accompany every Grant of Probate and Grant of Letter of Administration. Therefore, you will also need to know the details of all the deceased’s assets before making your application to Court. If you already have these details on hand, do take time to record them down. If you do not know the details of the deceased’s assets or suspect there are assets you are unaware of, you should take steps to find out.

If these assets are not listed in the Schedule of Assets, you would be unable to gain transfer, sell or deal with these assets, and will then have to go through the hassle of amending the Schedule subsequently to add the assets that have been missed in the original Schedule of Assets.

Once the Court has approved the application, you can then take the Grant of Probate or Grant of Letters of Administration and the accompanying Schedule of Assets to the various institutions where the deceased’s assets are kept.

Urgent Access to Funds

Last, there are situations where urgent access to funds in the deceased’s estate is necessary. For example, to pay for medical bills of deceased’s children or elderly parents. If urgent funds are required, you can choose to make an application first based on the assets of the deceased you know exist. The Schedule of Assets can be subsequently amended to reflect the other assets of the deceased you may discover later.

Do you need a lawyer to extract the Grant of Probate or Letters of Administration?

It is possible for you to obtain a Grant of Probate or Grant of Letters of Administration by yourself without engaging lawyers. The Family Justice Courts have published a very helpful and detailed Probate & Administration Toolkit, which can be found below.

However, this would mean that you would have to be very familiar with all the steps involved and be prepared to personally attend at various locations in order to get the Court documents prepared and filed in Court. Some of the things that you would be required to do include:

(1)  Recording all the details of all the assets of the deceased for Schedule of Assets. This may mean making numerous written queries or several trips to various institutions to find out the necessary information.

(2)  If applicable, obtain a renunciation from all other beneficiaries of equal or higher rank than you. This may be challenging if you may be estranged or have lost contact with some of them.

(3)  Engaging a Commissioner of Oaths to swear or affirm the Supporting Affidavit and the Administration Oath required to complete your application.

(4)  Attending in person at the LawNet & CrimsonLogic Service Bureau (located in Chinatown) at least twice to file the various documents and complete your application.

(5)  If one or more of the beneficiaries is a minor, you will also need to find two persons to give security in the amount of deceased’s estate and execute an Administration Bond. This is provided for under Section 29 of the Probate and Administration Act.

Given the number of steps involved, which you would naturally be unfamiliar with, it may further add to the stress you are currently experiencing to try and figure things out. The application process may take at least two to three months, and any errors may result in further delay in obtaining the Court’s approval of the paperwork.

Because of this, our clients usually prefer to engage us to assist them with this process. We will liaise with the financial institutions on your behalf, prepare the required Court documents, meet with you to answer any questions you may have and arrange for you to execute the documents before a Commissioner of Oaths. The entire process can be completed within 2-3 meetings and generally within 4 to 6 weeks.

The professional fees if the deceased’s estate is less than 3 million would usually be in the range of S$2,500 to S$3,500 (depending on the complexity of the matter) as we ensure that every step of the process is done and advised by lawyers, and not office managers or paralegals who are not qualified to give legal advice.

Dealing with the loss of a loved one is never easy and having to think about distribution of his or her assets is often the last thing on your mind. As lawyers experienced in probate and administration, you can have peace of mind leaving this matter in our hands.

In addition to our probate practice, we also regularly advise on and prepare wills for our clients to help them to manage and distribute their wealth. We are also experienced in contentious disputes, including mental capacity, probate and inheritance related disputes. Having an overview of the whole process gives us an advantage in anticipating potential challenges that may arise down the road.

If you would like to discuss any of these further, please do get in touch with us.