Our team of dedicated employment lawyers provide comprehensive legal services in Singapore. With a deep understanding of Singapore’s labor laws and regulations, we are committed to guiding and representing both employers and employees in a wide range of employment-related matters. Whether you are dealing with non-contentious issues such as employment contract drafting, or facing contentious challenges like wrongful termination, our team is here to assist you with expert legal counsel.

Our Expertise

Our experienced employment law team offers a wealth of knowledge and expertise in a variety of employment-related areas, including:

1. Wrongful Termination: If you believe you have been unfairly terminated from your job, our lawyers can provide guidance on your rights and options for recourse.
2. Employment Contract Drafting: We specialise in drafting employment contracts that are legally sound and customised to your specific needs, ensuring clarity and compliance with Singaporean labor laws.
3. Statutory Obligations: Employers are bound by various statutory obligations, including maternity leave, working hours, and employee conditions. We offer comprehensive advice to employers to help them understand and meet their legal responsibilities.
4. Retrenchment Matters: In times of organisational restructuring, we can assist both employers and employees in navigating the complexities of retrenchment, providing clarity and ensuring fair treatment.
5. Employee Benefits: Our team can help employers design and implement employee benefits, incentive programs, and compensation schemes that are not only attractive but also legally compliant.
6. Summary Dismissal: In cases where summary dismissal is necessary, our legal experts can guide employers in handling such situations appropriately and in accordance with the law.
7. Breach of Employment Contracts: If you find yourself in a situation where an employment contract has been violated, we can offer comprehensive legal advice and representation to protect your rights.
8. Workplace Harassment: We provide assistance to employees who are facing workplace harassment, ensuring their rights are protected and helping them seek redress.
9. Salary Disputes: If you are experiencing disputes over your salary, our team can provide guidance and support to help resolve the matter effectively.
10. Non-Disclosure Agreements and Restrictive Covenants: We have extensive experience in drafting, reviewing, and enforcing non-disclosure agreements and restrictive covenants to safeguard your business interests.

Why Choose Us

We are dedicated to providing efficient and effective solutions to your employment law matters. Our team of employment lawyers in Singapore are committed to helping our clients resolve their issues with the utmost professionalism and care. We believe in exploring all available options to resolve disputes amicably and without resorting to litigation, with the court process being the last resort.

If you have an employment issue in Singapore, do not hesitate to reach out to our skilled and experienced employment lawyers. We are ready to provide you with expert legal guidance, protect your rights, and help you navigate the complexities of employment law in Singapore. Contact us today to schedule a consultation and let us be your trusted partners in addressing your employment-related challenges.

What is divorce by mutual agreement?

The law in Singapore states that to file for divorce; you must prove the marriage has irretrievably broken down. A divorce by mutual agreement will soon be a ground which parties can rely upon to show this. Divorce by mutual agreement is expected to come into effect sometime in 2023.

Divorce by Mutual Agreement is the new Singapore divorce law in which couples can now divorce without having to blame each other or go through a separation period to prove to the courts that their marriage has broken down irretrievably.

Although the other five grounds are achievable, they are invariably more burdensome to rely upon. That is because they usually incur additional time, expense, and stress trying to assert why the grounds should be met – often with the disapproval of the other party.

Ultimately, the court must be satisfied that granting a divorce is just and reasonable, considering all circumstances. (Once the divorce by mutual agreement laws come into effect, you will still be required to convince a judge that a divorce should be granted.)

Why is divorce by mutual agreement being introduced?

The current five grounds of divorce primarily contain elements of blame or acrimony. This can often derail rational agreements or negotiations surrounding the divorce.

The goal is to lessen conflict and prevent children from being embroiled in tension or arguments when parents throw accusations at each another. It also intends to preserve the mental health of the parties whilst they are going through the divorce.

The benefit of divorce by mutual agreement

A benefit of divorce by mutual agreement is there is no need for the parties to live separately, such as in a divorce by separation with consent. This offers “therapeutic justice” to the family justice system, less disruption to the children, and does not go against parties should they still live together.

How divorce by mutual agreement can make the process better for everyone

The children will benefit. They won’t hear or read about their parents blaming each other for their divorce. It is not uncommon for some people’s mental health issues to be caused by childhood trauma, stemming from how their parents behaved in from of them.

As previously discussed, a divorce by mutual agreement does not require parties to live separately. This allows children to have more regular contact with their parents. It provides the parents more time to source alternative accommodation and get their finances in order. This also saves being compelled to make rash decisions for fear of delaying the process.

The divorce petition will take considerably less time, expense, and effort to produce than the other grounds for divorce. This is because there is less finger pointing regarding the unreasonable behaviour of one party. The smoother the process, the less stressful the divorce will be. Arguing over who is in the wrong and who is in the right will only cause further acrimony.

Stepping away from blame may also preserve the parent’s inclination from tainting their children’s view of the other parent. Not only would stepping away from blame prevent stress, but it also would prevent disagreements to the terms suggested by either party.

The grounds which constitute ‘blame’ can upset the other party as they would naturally become defensive. The accused party could then dispute the divorce, either slowing down or, in the worst cases, denying the divorce altogether. If this happens, and the opposing party rejects accusations of unreasonable behaviour, a judge may decline to break the marriage.

So, although divorce by mutual agreement is more amicable and offers a smoother resolution, it does not necessarily mean the divorce will be without contention, emotion, or resistance.

How long will it take to be granted a divorce?

It remains that to be eligible to file for a divorce; the couple must be married for at least three years. This is applicable in all cases, no matter the grounds relied upon.

Once all terms are agreed upon, there is a three-month reflection period before the divorce is finalised. This reflection period allows both parties to decide whether the divorce is indeed what they want.

The timescale of the divorce process largely depends on whether the divorce is contested or uncontested. A divorce is contested when parties cannot agree to all terms and issues amicably. Therefore, a court’s involvement is required, as a judge will decide on the matters the parties cannot agree on. A contested divorce can take up to a year or more from start to finish.

An uncontested divorce is a divorce where both parties agree to the divorce, and all ancillary matters of the divorce are agreed upon mutually. An uncontested divorce can be concluded from start to finish in four months. An uncontested divorce is often the less stressful and cheaper route rather than a contested divorce.

Although you may pursue a divorce by mutual agreement, it does not necessarily mean the divorce will be uncontested. The divorce may become contested due to a disagreement on how child arrangements should be made or how the finances should be split. Should the divorce become contested, you would need a judge to make the final decision on the matters on which each party disagrees.

Why you should still use a divorce lawyer in a divorce by mutual agreement

There are two sides to decision-making. There is the emotional side and the logical side. These are two distinct aspects which often do not work harmoniously together.

What do we mean by this?

When you make decisions based on emotion, it is because of a feeling or a want. It is typically a natural response to a situation which is important to you, whether it upsets you or makes you happy.

Take, for example, smoking cigarettes. Logically, you know you shouldn’t smoke because it harms your health. However, because of your emotional state, a craving, or a stressful situation, you may still choose to smoke.

It is the same with approaching a divorce. Emotion and logic do not necessarily coincide, which results in parties pursuing or agreeing to terms out of emotion rather than logic. This can cause a person to agree to unfavourable terms. It can also cause the whole process to derail.

The easy solution

Our lawyers can guide you through the divorce, using their expertise to help avoid it becoming contested. Having a lawyer act, and taking an objective stance, means they will apply logic to achieve the best outcome. At the same time, they will take your instructions to understand the situation and what means most to you.

We can also assist you in making the correct financial decisions. What you believe to be a good deal at the time may not be enough for you to live on in the future. Matters such as earning capacities and future expenses are sometimes difficult concepts to grasp and understand. Getting the best legal advice and knowing you are receiving the most out of the divorce, you will also achieve greater peace of mind.

The preparation of documents can be difficult and stressful. Our lawyers have years of experience helping people prepare their documents succinctly and accurately.

Having advice and help with negotiations on when to insist on terms and when to make concessions to get the things which are most important to you may be invaluable.

Letting us take the reins will free up your time and allow you to continue working and being part of your children’s life. We can also advise you on making the best care arrangements for your children.

Should the divorce process deteriorate, we can present your case if a dispute or disagreement cannot be amicably settled.

We are here to advise, represent you, and make the divorce process as stress-free as possible. Don’t hesitate to contact our lawyers if you are considering a divorce in Singapore.

A Comprehensive Guide to Creating a Will in Singapore

The process of creating a legally sound will in Singapore is governed by the Wills Act. This legislation empowers a testator, the individual making the will, to devise, bequeath, or dispose of their real or personal estate through the instrument of a will. This article aims to provide an overview of the essential aspects of will drafting in Singapore. Please be aware that this guide is intended for general informational purposes. For personalised advice tailored to your specific circumstances, it is advisable to seek the counsel of a qualified wills lawyer.

Key requirements for a valid will

1. The Will Must Be in Writing.
2. The Testator Must Be at Least 21 Years of Age.
3. The Testator Must Sign the Will at the Bottom Following Its Preparation.
4. Two Witnesses Must Be Present During the Testator’s Signing of the Will, and They Must Also Sign It in the Testator’s Presence.
5. The Two Witnesses Must Not Be Beneficiaries of the Will.

When formulating a will, it is advisable to incorporate the following provisions:

1. Personal Particulars and Information.
2. A Revocation Clause to Revoke Any Previous Wills.
3. Marital Status.
4. Appointment of Executors, who may also be beneficiaries.
5. Designation of Guardians for Minor Children (up to two).
6. Identification of Beneficiaries and Specification of Their Asset Allocations.
7. A Residuary Clause Outlining the Distribution of Remaining Assets According to the Testator’s Wishes.

Handling CPF monies

Central Provident Fund (CPF) monies cannot be included in a written will. To distribute CPF funds upon passing, beneficiaries must be nominated through the CPF Board. Each nominated individual will receive a portion of the CPF funds as indicated in the nomination. If no nomination exists, the funds in the CPF account will be automatically transferred to the Public Trustee’s Office and made accessible to the next of kin.

Post-will preparation procedures

Upon completing your will, it is crucial to safeguard it in a secure location and inform your chosen executor and family members about its existence.

Updating your will after marriage or divorce

Remember that marriage automatically invalidates any will made prior to the marriage, unless the will explicitly states it was made in contemplation of marriage. Conversely, in the case of divorce, a previously executed will remains valid. Therefore, it is advisable to review and amend your will to reflect changes in your marital status.

Seeking professional assistance

While not obligatory, engaging a reputable wills lawyer is highly recommended. Lawyers are bound by the regulations of the Law Society and must adhere to strict ethical guidelines when drafting wills. Their expertise ensures that instructions are received without duress and that the will accurately represents the client’s wishes. Moreover, legal professionals are covered by insurance, providing additional protection for clients. Professional advice from a trained lawyer can prevent future losses, conflicts, or ambiguities.

We encourage you to get in touch should you require any further assistance on drafting your will.

An executor of a Will has important duties to perform. They are trusted by the writer of the Will to act in their best interests, and those of the beneficiaries of the Will.

If an executor does not (or cannot) act in the best interests of these parties, they may be sued by the beneficiaries.

This article explains what you should do if you’re the beneficiary of an estate and you believe the executor is not acting in your best interests.

The role of an executor

When a person (known as a testator) makes a Will, they specify a person (an executor) in that Will who should deal with their estate after death. Within a reasonable time (normally six months) the executor must fulfil their duties, which will include:

• Organising the funeral
• Collecting the deceased’s assets
• Selling some or all of the assets if necessary
• Covering the funeral and other costs by making a payment from the estate
• Settling any debts owed by the estate
• Ensuring any necessary taxes are paid
• Applying for grant of probate
• Making sure the beneficiaries get the money or assets they have been promised in the Will.

Remember that the executor owes a duty of care to the beneficiaries and must act in their best interests. For instance, if they have to sell a painting, this would mean getting the best price they can for it, rather than selling cheaply to a friend for a quick and easy sale.

But even if an executor acts properly and has the best interests of the deceased and their beneficiaries at heart, they may sometimes still be removed.

Why might an executor be removed from a Will?

If an executor finds the job particularly stressful, emotional, or simply too complex, they may not be capable of fulfilling their duties and may want to give up their role. If they have no experience of doing such a role and dealing with estate matters, it may be outside of their ability.

On the other hand, the beneficiaries may want to remove the executor because they think that person is not acting in their best interests. Perhaps they think the executor sold assets at below market value to family members.

Finally, the executor might lack mental capacity to do the job, if they suffered a mental illness or dementia or a brain injury, for example.

How is an executor removed?

If an executor doesn’t perform their duties, a judge can remove them. Sometimes the judge will be persuaded to do so by the beneficiaries, if he believes the executor would harm the estate’s interests.

A judge is given power to remove an executor under section 55 of the Probate and Administration Act, if:

• Six months have elapsed from the date of the testator’s death and no application for grant of probate or letters of administration has been made
• A grant of probate application was made within the six-month time period but the application was refused, discontinued, or withdrawn
• The grant of letters of administration has not been extracted.

Alternatively, one of the following situations may happen:

• An executor might choose to expressly renounce their appointment. This must be done at a hearing they attend, or in writing, either by the executor or their lawyer, who will attest the renouncement.
• An executor’s appointment might be constructively This happens when the executor is deemed to have renounced their role but has not done so explicitly. (Beneficiaries can choose to issue something called a citation – this is used to require the executor to either accept or reject their right to the grant of probate or the letters of administration. They will lose this right if the executor appears in court but doesn’t apply for the grant of probate or letters of administration.)
• An executor’s appointment is renounced if there is a successful challenge to the validity of the Will. Such a challenge can usually be brought by anyone with a valid interest in the Will. If the Will is ruled invalid, it cannot be followed. The intestacy rules then take over and these dictate how the deceased’s estate should be managed. (Note: beneficiaries should use caution when contesting a Will; they may lose their right to inherit or see their share reduce.) If a substitute executor is appointed in the Will, they will then be given the duties that the first executor had. If no substitute is named, a new executor will be appointed by the court.

Filing a caveat

A caveat is something that stops a grant of probate or letters of administration from being issued. The person who filed the caveat must be notified before either of these can be issued. The people who applied for the caveat (known as the caveators) will have a chance to contest the probate application for a grant.

If beneficiaries are worried as to whether someone has the right to apply for probate because of the executor’s suitability, or because they think the Will is invalid, they can enter a caveat.

Likewise, if someone has an interest in the estate, and they are affected by the grant of probate, they may apply for a caveat.

The aim of the caveat is to give the caveators time to investigate their situation and assess whether they have proper grounds for opposing the grant of probate. Caveats also give other people with interests in the estate a chance to ask questions to the court about the grant.

A caveat also represents a preliminary step towards a probate claim or to issue a citation, for example to constructively renounce an executor’s position.

What’s the difference between Grant of Probate and Letters of Administration?

If there is a valid Will with named executors to administer the estate, a grant of probate is issued.

If there is no valid Will, or no executors want to administer the testator’s estate, then a grant of letters of administration issued.

Both of these grants have the same legal power and importance, but a different process is used to obtain each.

Executor and beneficiary disputes

Sometimes, disputes can arise between a deceased’s family members and beneficiaries. Alternatively, there might be disagreements between co-executors, or between co-executors and beneficiaries.

Regular and prompt communication with all parties involved is vital to avoid such disputes. Be mindful that an executor has to administer the estate within six months.

Unfortunately, executors sometimes mismanage an estate, either on purpose or through negligence. This causes frustrations for all involved, especially if it results in monetary loss. In some cases, the beneficiaries may even sue the executors.

At the first sign of dispute, seek legal advice as soon as you can – it may help to prevent delay and extra costs.

We can help

Our law firm can help you make a court application to remove executors from a Will, or contest a Will.

If you need help in avoiding disagreements amongst beneficiaries or co-executors, then contact our expert probate lawyers, who will help you with estate administration.

We have spent many years helping executors to navigate the process of probate and carry out their responsibilities. Engaging a lawyer ensures the process is as quick and stress-free for you as possible; not only will you feel assured that you’re doing the best for all parties at the highest standard, but you’ll minimise your chances of being sued because of mistakes or delays.

You can also speak to us if you want to get more information on removing an executor from a Will.

A Will is a very important document. A person making a Will (a ‘testator’) sets out how they want their belongings and money to be dealt with after death. They will also specify the individual responsible for enacting what the Will says – called the executor. We use the term ‘estate’ to describe all the deceased’s property in various forms, including all assets and liabilities.

Wills are designed to avoid conflict and disagreement, but sometimes this isn’t always easy. Some parties with an interest in the deceased’s estate may think the Will is unfair, for example. The Courts won’t set aside a Will just because someone is unhappy with it; if they are satisfied it is a valid Will, they will rule that it should be enforced.

But sometimes there are situations when a Will can be contested. This article explores when, how, and who can do it.

Who Can Contest A Will?

If an individual has an interest in the Will, or was dependent on the deceased person in some way, then they may contest the Will. For example, spouses can challenge a Will if they depended on the deceased financially, or if the deceased was legally obliged to support them. Most often, a beneficiary will challenge a Will when they think it doesn’t properly reflect the testator’s wishes; they believe they should inherit more, or they think they are entitled to more maintenance payments if they are dependents.

The term ‘contesting’ a Will means that you are challenging its validity or its terms; you are saying that the distribution of estate should be different to what the Will states.

On What Grounds Can Someone Contest a Will in Singapore?

The Will is invalid (not witnessed properly, or not signed)

The Wills Act states the formalities that a Will must follow when it is made, otherwise it may be invalid. These requirements are that:

• It is made in writing
• It is signed by the testator
• The testator is aged 21 years or more
• The testator’s signature was witnessed by two or more people, who also signed the Will while the testator was present.
• Neither witness is a beneficiary of the Will, nor are either of them the testator’s spouse.

To ensure all these requirements are followed, it’s important to use an experienced Wills lawyer to help you prepare your Will. If you don’t follow these requirements, your estate may have to be distributed following the Intestacy Rules, which may be very different from your own wishes.

The Will was made fraudulently

Sometimes a testator or their estate can be the victim of a fraudulent Will. For instance, someone misled the testator into signing a Will they have made, and the testator does so, thinking it’s a different document.

Another example is where a fraudster forges a signature on a Will they have made, or they alter the testator’s Will to their own wishes.

The Will was made under undue influence

This is a common ground on which a Will is contested. A Will can be challenged if someone believes that the testator was forced, or in some way persuaded, to make a Will that doesn’t represent their true intentions.

This can be hard to prove. The person challenging the Will has the burden to prove the undue influence – they are the ones who need to show that someone unduly influenced the testator’s mind, so that the Will was not voluntarily approved.

The testator was of unsound mind when they made the Will

Sometimes, a person with an interest in the Will may argue that the testator lacked mental capacity at the time they made the Will. For instance, they may say the testator had dementia (a medical condition which impairs someone’s ability to think, remember or make decisions).

Whether their mind was unsound temporarily or permanently does not matter; therefore, someone under the influence of alcohol or drugs will also lack capacity to make a Will.

What is the Procedure for Contesting a Will?

The way in which you contest a Will depends on the status of the deceased’s estate:

Contesting a Will before Grant of Probate: you should declare your interest in the estate by filing a court caveat. In effect, this is the court notifying you of an issued grant. Whilst the court considers your challenge to the Will, the distribution of the estate will be paused.

Contesting a Will after the court issues Grant of Probate: within six months of the date the court issued Grant of Probate, you must contest the Will. In certain situations the court can extend this time period, for example if an additional Will or codicil is discovered which significantly alters the distribution of the estate. Other reasons for making an application out of time can occur, but you must give your substantive reasons for doing so.

To begin the contesting procedure, you should start a probate action. This begins with a writ, issued by the Registry of the Family Justice Courts. In it, you should set out the grounds on which you are contesting the Will, and state why you think the grounds are satisfied.

After this, the court will then set a hearing, where it will rule on your claims against the Will.

If a Grant of Probate has already been issued by the court, you may only obtain a writ once a citation is filed, in the form of an affidavit against the person who the grant was issued to.

If the claim to contest the Will succeeds, the court will order the assets to be returned to the executor for redistribution. (If the assets are still held by the executor, they will use the Intestacy Rules to distribute them).

What if a Will doesn’t adequately provide for dependents?

In Singapore, the law states that the following individuals may be a testator’s dependents:

• A husband or wife
• An unmarried daughter who can’t maintain herself because of a mental or physical disability
• An infant son
• A son who can’t maintain himself because of a mental or physical disability.

Where a court is satisfied that the Will doesn’t make adequate provision for the dependant (they aren’t named in it for example, or they have an insufficient share) the court can make an order that a lump sum, or periodic payments, must be made to the dependents.

Once six months has passed from the issuing of the Grant of Probate you can apply for maintenance. Maintenance is sometimes a better option than contesting a Will. It is often cheaper and less stressful, and so puts less strain on the relationship between beneficiaries.

What happens when a Will is successfully contested?

If your challenge to the validity of a Will succeeds, then the distribution of the deceased’s estate will be done under the Intestate Succession Act, rather than according to the Will. Alternatively, the estate might be distributed according to an earlier Will.

Seek legal advice if you wish to challenge a Will

As experienced lawyers in this field, we would be happy to help if you want to contest a Will. With good legal advice, you can easily decide whether you are eligible to bring the claim, and we’ll help you to know your rights and the options available to you. Having legal representation through such a challenging process can be a huge benefit.

We also act for clients who are preparing their own Wills and what happens to their estate after their death. Our lawyers can show you how to best approach providing for your dependents, and how to distribute your estate.

We often provide legal advice for clients who have suffered the death of their husband or wife. Very often they will not know what to do first, and will be suffering emotional turmoil. One common question is, “how can I access my spouse’s assets, to help me pay the bills?”

A specialist family probate lawyer can help you to deal with the legal Estate of your spouse. They can help you gain access to their assets, enabling you and your family to manage their bank accounts, properties, any stocks or other assets they held, so you can distribute them to the correct beneficiaries.

This article explains the circumstances around access a bank account held solely by the person who has passed away, and where to start.

The first thing which must be done is to check if your loved one left a valid Will before they died. The first section of the article below explains what happens if there was no Will, and the second section explains what happens when a valid Will exists.

(1) An Individual Dies Without Leaving a Will

When someone dies and doesn’t leave a valid Will, then usually their next of kin (such as their husband, wife, or one of their children) needs to apply to the court to get Letters of Administration. That person then becomes the named Administrator of the Estate.

We have been practising probate law for many years, and so we can usually obtain the Letter of Administration within 6 weeks.

• At the bank

After we have submitted your probate application to the court, your Letter of Administration should arrive within 2 months. Once you have it, you (the Administrator of the Estate) need to then:

• Go to the bank
• Prove that you are the Administrator in the Will and Letter of Administration by producing your NRIC card
• Show the Letter of Administration
• Ask the bank to release the money in the deceased’s bank account to you.

Usually, the bank will issue a cheque to the Administrator made payable to “the Estate of [deceased’s name]”.

A new bank account should then be opened by the Administrator, in the name of “the Estate of [deceased’s name]”. Money belonging to the deceased’s Estate should come into or go out of this account only, to avoid it being mixed up with any of the Administrator’s own money.

• Distribution of the money

The deceased person’s assets are collected and any debts settled by the Administrator. Following this, they should then distribute the money remaining in the bank account according to the provisions of the Intestate Succession Act.

Be careful: the laws of intestacy and inheritance vary substantially depending on whether you were married, single, and had children or not. Often, your next of kin will get your property — people such as your surviving spouse, parents, brothers and sisters, uncles and aunts, etc. If no relatives can be found to receive the assets, then the state will usually receive the whole Estate.

Remember: to gain access to the bank account of someone who died without leaving a valid Will, Letters of Administration must be obtained by the Administrator to make banks release monies to the Administrator. Then it can be distributed to the correct beneficiaries.

(2) An Individual Dies Leaving a Valid Will

Following the death of someone who had already made a valid Will, a court application should be made by the Executor named in the Will, for a Grant of Probate. This is a court order that is made by the Family Justice Court, confirming that the deceased’s Will was authentic. The appointed Executor should then carry out the last wishes of the deceased person, as set out in their Will.

• At the Bank, and Distributing the Money

Having obtained the Grant of Probate, the Executor should then:

• Go to the bank
• Prove that they are the named Executor in the Will and Grant of Probate by producing their NRIC card
• Show the Grant of Probate
• Tell the bank to release the money in the deceased’s bank account to them.

The process is then repeated — a cheque is issued to the Executor by the bank, in the name of the Estate. Lastly, a new bank account should be opened by the Executor, in the Estate name, and the monies distributed to the named beneficiaries set out in the Will, once all debts have been settled.

If you need any help or advice in this area of law, we would be pleased to advise you. Contact us today.