We extend our heartfelt congratulations to our family lawyers, Jessica Chow and Charlene Nah, for their well-deserved recognition as Singapore Rising Stars 2023 by Asian Legal Business.

Inclusion in the prestigious ALB Singapore Rising Stars 2023 list is a testament to their exceptional contributions and dedication to delivering high-quality legal services. This exclusive acknowledgment is reserved for lawyers under the age of 40 who consistently demonstrate excellence in their field, garnering praise from peers, superiors, and clients alike.

Within the realm of family and divorce law, both Jessica and Charlene have proven themselves as leading family and divorce lawyers.

Jessica Chow stands out for her unique blend of compassion and strategic acumen. Colleagues and clients alike commend her for guiding individuals through challenging situations with a compassionate approach while simultaneously devising strategic solutions. Her commitment to fostering amicable resolutions is a hallmark of her practice.

Charlene Nah recently achieved a significant milestone by winning a high-profile case that gained extensive coverage in the Straits Times. The headline, “Man Went All Out to Hide Over $3 Million from the Ex-Wife” underscores the complexity and significance of her work. Beyond her prowess in family law, Charlene’s expertise extends to trust advisory matters, wills, and probate, and succession planning.

We applaud their achievements and look forward to witnessing their continued success and impact in the legal profession.

Our experienced team of corporate and commercial lawyers are dedicated to providing tailored legal solutions to meet the needs of your business. Whether you are a startup, small business, or a multinational corporation, we are committed to delivering exceptional legal support to help you navigate the complex landscape of corporate regulations in Singapore. We provide corporate and commercial services across a wide range of areas including, but not limited to:

Corporate Governance

Maintaining effective corporate governance is crucial for the success and sustainability of any business. Our corporate law experts can assist you in structuring and implementing governance frameworks that comply with Singaporean regulations and international best practices.

Commercial Contracts

Drafting, reviewing, and negotiating a wide range of commercial contracts, including but not limited to:

• Partnership Agreements
• Supply Agreements
• Distribution Agreements
• Franchise Agreements
• Joint Venture Agreements

Our goal is to protect your interests and ensure that your contracts are clear, enforceable, and aligned with your business objectives.

Mergers and Acquisitions

Our team has extensive experience in handling M&A transactions, providing comprehensive due diligence, negotiating terms, and facilitating smooth transitions.

Employment Law

From drafting employment contracts to advising on workplace policies and dispute resolution, we offer a full spectrum of employment law services to help you manage your workforce effectively and in compliance with Singaporean labor laws.

Regulatory Compliance

Staying compliant with ever-evolving regulations is paramount. Our corporate lawyers stay abreast of the latest legal developments to help your business navigate complex regulatory landscapes, reducing the risk of legal issues and ensuring business continuity.

Facing criminal charges demands a legal ally who understands the intricacies of the Singaporean legal system. Our team of seasoned criminal defense lawyers are dedicated to providing relentless advocacy and personalised legal strategies tailored to your unique situation.

We provide support across a number of areas, including:

• Theft
• Drunk Driving
• Causing Hurt
• Shoplifting
• Reckless or Dangerous Driving
• Forgery
• Misuse of Drugs
• Cheating
• Rash Driving
• Criminal Breach of Trust
• Outrage of Modesty
• Immigration Offences

Navigating financial challenges can be a daunting task, and when faced with overwhelming debt, seeking the guidance of an experienced bankruptcy lawyer is crucial. Our team of skilled and dedicated bankruptcy lawyers in Singapore are here to provide you with comprehensive legal support and tailored solutions to help you overcome financial difficulties. We provide services including, but not limited to:

Personal Bankruptcy Consultation: Embark on your journey to financial recovery with a personalised consultation. We assess your circumstances, share insights into the bankruptcy process, and discuss viable alternatives, empowering you to make informed decisions about your financial future.

Corporate Bankruptcy Representation: For businesses facing insolvency or financial distress, our seasoned bankruptcy lawyers offer strategic guidance and representation. Whether it’s debt restructuring, liquidation, or other alternatives, we work closely with you to develop a customised plan aligned with your business goals.

Debt Restructuring and Negotiation: Navigate the complexities of debt restructuring with our expertise. Our team excels in negotiating with creditors, crafting manageable repayment plans, and reducing financial burdens, allowing you to regain control of your economic well-being.

Bankruptcy Filing and Proceedings: If bankruptcy is the most suitable option, our dedicated team will guide you through the filing process and represent your interests in court proceedings. We ensure compliance with Singapore’s bankruptcy laws, protecting your rights and assets throughout the legal journey.

Creditor Representation: Beyond assisting debtors, we represent creditors in bankruptcy cases, facilitating the efficient recovery of outstanding debts while adhering to all legal requirements.

Why choose us? Our team possesses extensive knowledge of Singapore’s bankruptcy laws and regulations. We approach each case with a personalised touch, tailoring solutions to your specific needs and goals. Our dedication to client success ensures that we go above and beyond in every case, striving for the best possible outcome.

If you are facing financial challenges or considering bankruptcy, contact us today for a confidential consultation. Let our experienced bankruptcy lawyers guide you towards a brighter financial future.

In Singapore, we differentiate between libel and slander when discussing defamation.

Libel concerns written or published defamatory statements, including emails, blogs, print media, and even images and cartoons.

Slander involves spoken words.

Whilst Singapore recognises the right to free speech, there are certain exceptions to protect the reputation of people and businesses.

The introduction of the internet, social media, and other online platforms meant that traditional defamation laws had to be adapted to address new challenges. The definition of “publication”, for example, had to be revised. The courts have recognised that “sharing” a post on social media can amount to publication. If the post contains false statements that could harm someone’s reputation, and you share the post, even if you didn’t create it, you can be liable for defamation.

In this article, we will discuss defamation and slander in Singapore and look at the legal framework that governs defamation and slander. We will also discuss what you need to prove to succeed with a defamation claim, look at available defences against a defamation claim, and the types of damages you could claim if successful.

When is a statement considered defamatory?

A statement is defamatory if it harms an individual’s reputation or lowers their standing in the eyes of a reasonable person. It can take place in many ways, for example:

• In print.
• On social media.
• On broadcast media.
• In visuals, images.
• In verbal conversation or utterances.

When talking about defamation, we can speak about libel or slander.

Criminal and civil defamation

In Singapore, you can have a civil or criminal claim for defamation. Criminal claims are governed by section 499 of the Penal Code, and civil actions fall under the Defamation Act of 1957.

Civil defamation

Civil law concerns the relationships and duties between individuals. Under the Defamation Act, a person can claim defamation even if the other person did not intend to defame the complainant. If the statement harmed someone’s reputation or social standing, they could file a defamation claim.

A civil claim is available whether it was written (libel) or spoken(slander) defamation.

The elements of a successful civil defamation claim

To be successful in your defamation claim, you need to prove the following:

• The statement is defamatory, i.e. it harms your reputation or lowers your standing in the minds of society’s reasonable or right-thinking members.
• You, the victim, must be identifiable.

Suppose you rely on a cartoon, for example, as a basis for your claim. In that case, you must be identifiable to succeed in your claim.

• The statement must be communicated to a third party or otherwise published.
• The statement is false.

Criminal action for defamation

In Singapore, you may institute criminal action against someone for defamation under the Penal Code.

Section 499 of the Penal Code states the following:

“Whoever, by words either spoken or intended to be read, or by signs, or by visible representations, makes or publishes any imputation concerning any person, intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person”.

The elements of a Section 499 defamation claim are:

• The words must be spoken(slander) or written(libel).
• The words must be “published”, i.e. other people must see or hear it.
• There must be an intention to harm the person’s reputation.
• The person must be identified.

The Penal Code provides for some exceptions. You will not succeed with a defamation claim if the other party can prove, for example, that:

• The statement is true, and it is for the public good that it should be made or published. The court will decide on all the circumstances if it is for the public good.
• The statement is a good faith opinion based on facts regarding the public conduct of public servants.
• It is not defamation to publish a substantially accurate report of the proceedings of a court of justice, or of Parliament, or the result of any such proceedings.
• The same applies to good faith opinions regarding the merits of a case decided by a court or witness conduct.
• The statement is a good faith opinion on the merits of a public performance, such as publishing a book, making a speech in public or performing on stage, and the author or performer submitted the performance to the public’s judgment.

Other defences against a defamation claim

Aside from the statutory exceptions in the Penal Code, there are other recognised defences against a defamation claim.

Justification

If you want to succeed with a justification defence, you must prove that the statement is true and based on facts.

Fair comment

A fair comment defence can succeed if you can prove that your comment is:

• An expression of your opinion, i.e., you didn’t submit it as a statement of fact.
• Based on true facts.
• A matter of public interest.
• Fair, i.e., based on all the facts, it is your honest and unbiased opinion.

If you had malicious intent, you cannot rely on fair comment as a defence.

Qualified privilege

Qualified privilege exists only in a situation where the person who made the statement has an interest or legal, social, or moral duty to communicate the information. The third party receiving the information has a corresponding duty to receive the information. For example, answering police inquiries or communication between employers and employees.

Such information or statements are protected by privilege, even if the statement is defamatory.

Public apology for unintentional defamation

Although not strictly speaking a defence, a party who innocently made a statement and didn’t intend any harm could avoid a lawsuit by offering a public apology.

Section 7 of the Defamation Act provides that:

“A person who has published words alleged to be defamatory of another person may, if he claims that the words were published by him innocently in relation to that other person, make an offer of amends.”

If the offer is accepted and duly performed, there shall be no proceedings for libel or slander.

If the offer is not accepted, it could be a defence in any proceedings against the person claiming innocence that the words were uttered or published innocently, and that the party made an offer of amends as soon as practicable after being notified that the statement might be defamatory.

What damages can you claim for defamation?

Defamation laws in Singapore aim to protect an individual’s reputation and provide compensation for damages caused by defamation. The court can award monetary damages, which may include general and aggravated damages.

Damages are awarded to grant some relief for the distress caused and to restore the person’s damaged reputation.

General damages

General damages are assessed based on several factors, including the nature and seriousness of the statements, their impact on the victim’s reputation, and the extent of the publication.

The wider the publication, the more damage is caused, and the greater damages can be awarded. The context and where the statement was published will also influence the amount of damages.

Aggravated damages

In some instances, the court will consider awarding aggravated damages. This usually depends on the conduct of the person who made the statement.

• Did the person apologise, offer to apologise, or refuse to apologise?
• Did the person repeat the statements?
• Did the person have malicious intent, or was the statement made recklessly?

In the case of Prime Minister Lee Hsien Loong v Leong Sze Hian [2021] SGHC 66, the court awarded aggravated damages because a blogger shared a link to an article that made allegations of corruption against the prime minister. The court found that the blogger had complete reckless disregard for whether the allegations were true or not.

Other available remedies

Victims of defamation may seek injunctions. An injunction can be prohibitory (to stop future defamatory statements) or interlocutory (to retract existing statements).

Legal advice

If you find yourself in a situation where your reputation was harmed, or you are accused of libel or slander, you should seek legal advice immediately.

If you stand accused of defamation, an experienced lawyer can explain your options and help you determine whether you have a defence.

If you feel that your reputation was harmed, an experienced lawyer can assist in deciding whether you should proceed under the Defamation Act or the Penal Code, and what damages could be available to you. We can guide you through the steps to protect and restore your reputation and explore legal remedies.

To minimise the risk of further damage to your reputation, filing for an injunction might be the first step.

Defamation law can be complex and nuanced. Whether you stand accused, or are the victim, an experienced lawyer can make all the difference to the outcome of your case.

We are delighted to announce that PKWA Law Practice LLC has once again secured a position on The Straits Times’ esteemed “Singapore’s Best Law Firms” list for 2024, marking our fourth consecutive year of inclusion. This recognition, revealed on the 23rd of November 2023 in both the print and online editions of The Straits Times, showcases the most highly recommended law firms across a spectrum of legal categories.

In the latest edition of this prestigious accolade, PKWA Law excelled in two key categories: Family Law and Conveyancing. This triumph is particularly noteworthy this year, given that The Straits Times extended its outreach efforts, garnering insights from 5,906 professionals and accumulating an impressive 11,500 recommendations. The resultant “Singapore’s Best Law Firms 2024” list is a testament to the thoroughness of peer-to-peer surveys involving lawyers, in-house legal teams, and clients, spanning 18 diverse fields of law.

We extend our sincere gratitude to our clients for their steadfast trust and confidence in our services. Collaborating with a diverse range of clients, many of whom are repeat patrons, has been a genuine pleasure, and we deeply appreciate their ongoing support.

This accolade stands as a testament to the unwavering dedication and hard work exhibited by our exceptional team of lawyers and staff. It is their commitment that fosters the loyalty of our clients, and we take immense pride in dedicating this award to our outstanding team.

The death of a loved one is never easy. Amidst the emotional stress, there are some legal and administrative steps that you need to follow. Like most other countries, the law sets out specific steps and procedures in Singapore. Even before hiring a probate lawyer, some things need to be done.

In this article, we will discuss the steps that are required to comply with the legalities surrounding the death of a non-Muslim citizen in Singapore.

(If the deceased is a Muslim citizen, the administration of their estate is governed by the Muslim Law and the Administration of Muslim Law Act. Islamic inheritance law, Faraid, applies.)

The information in this article will help you navigate what you need to do during an emotionally difficult time.

(1) Establish the cause of death

When someone dies, it is essential to establish the cause of death.

If your loved one passes away at home, the first person to call is a doctor. The doctor will be responsible for certifying and reporting the death. The doctor will issue a certificate of the cause of death.

If the doctor is satisfied that the death was due to natural causes, they will certify the death. If the death is sudden, the cause is unnatural, or the doctor cannot establish the cause of death, they will contact the police.

The police will investigate to ascertain the cause of death. If you cannot get hold of a doctor, you can also contact the police first.

If the deceased was in a hospital under medical care at the time of passing, the attending doctor will handle the process and report the death.

(2) Register the death

To register the death, the doctor or the police will need the following:

• The deceased’s full names.
• The birth gender of the deceased.
• The deceased’s date of birth.
• Identity document number.

The doctor will note the date, time, location, and cause of the death.

All deaths in Singapore must be registered within 24 hours.

In situations where the police see the body, they can have the body removed to the mortuary, where a pathologist can determine the cause of death, if necessary.

An autopsy is not compulsory in Singapore. If the police report the death to the coroner, the coroner can investigate to decide if an autopsy is required. The decision depends on the medical issues or any injuries on the deceased’s body.

If the autopsy report reveals any unnatural cause of death, the police will investigate further.

Alternatively, the coroner can collect the body from the deceased’s home or the hospital.

(3) Obtain a death certificate

Once the doctor certifies the death online, it is registered, and you can download the death certificate via the MyLegacy portal.

To download the certificate, you need:

• The deceased’s NRIC, FIN, or passport number.
• The death document number, which the doctor will provide.
• Date of death.

Obtaining a death certificate is critical since it is your legal proof of death. Without the certificate, you cannot proceed with any steps necessary to arrange a funeral and settle the deceased’s estate.

(4) Arrange the funeral

Funeral arrangements are deeply personal and often depend on the cultural and religious preferences of the deceased and the family.

Most families choose to engage a funeral director to help with the funeral arrangements. These professionals provide guidance on cremation, burial, and other funeral services based on the deceased’s wishes, and the family’s preferences.

A funeral director will help with the following:

• Arrange for collection of the body from home or the hospital mortuary.
• Send the body for embalming if required.
• Deliver the body to the location of the wake.

If the family does not have sufficient funds to pay for a funeral, they have a few options.

1. They can be reimbursed from the deceased’s estate – the process depends on whether the estate is worth more or less than S$50,000.
2. The deceased’s beneficiaries can claim a reimbursement from the deceased’s unnominated CPF monies.
3. Beneficiaries can pay from life insurance payouts.
4. A legal representative of the deceased’s estate or a joint account holder can approach the bank to receive a reimbursement after the completion of the settlement process.

After the funeral, you must address matters related to the deceased’s estate, debts, and other financial affairs.

(5) Find the will

If the deceased left a will, the executor named in the will should apply for a grant of probate. This grant confirms the validity of the will. It also gives the executor the authority to manage the deceased’s estate and distribute the assets according to the will.

The executor plays a crucial role in ensuring the deceased’s wishes are carried out. Their duties include distributing assets, settling debts, and handling any remaining legal matters.

If the deceased did not leave a valid will, family members can apply for letters of administration. A letter of administration gives the applicant the power to administer the deceased’s estate.

(6) Apply for probate or administration

Applying for a grant probate or a letter of administration is an important legal step, and you will need assistance from a specialist probate lawyer. The process can be complex, requiring many documents. A probate lawyer will help you apply for probate and collect, manage, and distribute the deceased’s assets to the beneficiaries.

To apply for probate, you need the following:

• The original death certificate.
• The deceased’s will.
• Proof of the executor’s or the applicant’s identity.
• A list of the deceased’s assets, liabilities, and financial documents as proof, e.g. bank statements, insurance policies, etc.
• If relevant, employment details.

If there is no valid will, the Intestate Succession Act comes into play. The court will appoint the administrator to manage the deceased’s estate and distribute the assets according to intestate succession laws. Generally, the administrator will be a close family member.

Intestate succession and applying for a letter of administration are technical. You will need the help of an experienced lawyer.

(7) Contact the necessary institutions

Once the executor receives the grant of probate, they should contact the necessary institutions to finalise the collection and distribution of assets.

Depending on the deceased’s circumstances, it could include the following:

• Financial institutions where the deceased held accounts – check if there is money to withdraw, investments, automatic monthly payments, credit card payments, and so on.
• Insurance companies – inquire about life insurance or funeral policies.
• The deceased’s employer – find out if there are any outstanding salaries or other payments due to the family.
• The Central Provident Fund (CPF) Board to release any CPF monies to the beneficiaries.

(8) Administer the estate

Once probate is granted, the executor can access the assets and settle any outstanding debts and claims. The executor must pay unpaid bills and loans and meet all financial obligations, such as outstanding taxes.

The executor must arrange for properties to be sold or transferred, vehicles to be transferred to new owners, claim insurance money, cancel paid subscriptions, terminate utility services where appropriate, and so on.

Once all the necessary matters are settled, the executor can distribute the assets to the beneficiaries according to the provisions in the will.

The assets will be distributed under the Intestate Succession Act if there is no valid will. The Act stipulates who is eligible to inherit and in what proportion.

(9) Take care of online accounts

These days, most people have an online presence that needs dealing with when the person passes away.

It is essential to manage the deceased’s online identity to prevent abuse of the information. Ensure that personal information is removed from social media, close email and other online accounts and mobile applications.

Some social media platforms like Facebook have policies and procedures to deal with a deceased’s account. You can follow the process to have the account deleted, or you can transform the account into a “memorialised” account.

Information “floating” online can easily be used for identity theft and other fraudulent acts.

Seek professional legal assistance

Dealing with the legal aspects of a loved one’s passing is a daunting and emotionally stressful process. Just thinking about applying for probate and distributing assets can be overwhelming, and most families have no idea where to start.

However, with the correct information and guidance, you can successfully navigate these challenging times.

An experienced probate lawyer can guide you through all the steps to ensure you meet all the legal requirements to deal with the deceased’s death and estate.

Besides minimising the stress of complying with the legalities, an experienced lawyer can save a significant amount of time in finalising the deceased’s estate.

Civil Litigation Services in Singapore

If you are facing legal disputes, conflicts, or issues that require resolution then a professional civil litigation lawyer might be able to help. Civil litigation is an extremely broad area of law in Singapore but typically we support clients in the following types of areas:

• Contractual disputes
• Debt recovery
• Property disputes
• Defamation & libel
• Personal injury and negligence claims
• Employment related disputes
• Breach of fiduciary duties
• Shareholder disputes

Should you require legal advice or support we encourage you to reach out for an initial discussion.