Article: Trust Nomination of Insurance Policy Moneys

Singapore Law; Legal; Lawyer

What is a trust nomination of insurance policy moneys?

Under section 49L of the Insurance Act (Cap. 142) (“IA“), a policy owner of a relevant policy who is at least 18 years old may

(a) nominate as the beneficiary or beneficiaries under the relevant policy his spouse, his children, his spouse and children or any of them;
(b) express in the nomination his intention to create a trust of the policy moneys in favour of the nominee or nominees; and
(c)  make the nomination, and indicates each nominee’s portion of the policy moneys, in such manner as may be prescribed by the Monetary Authority of Singapore;
and the nomination shall create a trust of the policy moneys in favour of the nominee or nominees. Such a nomination must provide for the disposition of all policy moneys under the relevant policy.

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Article: Lasting Power of Attorney and Mental Capacity

Singapore Law; Legal; Lawyer

What is a Lasting Power of Attorney?

Under section 11 of the Mental Capacity Act (Cap. 177A), a lasting power of attorney (LPA) is a power of attorney under which the donor confers on the donee(s) authority to make decisions about all or any of the following:

(a) the donor’s personal welfare or specified matters concerning the donor’s personal welfare;
(b) the donor’s property and affairs or specified matters concerning donor’s property and affairs,

when the donor no longer has capacity to make such decisions.

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Case Update: Lee Siew Boon Winston v PP [2015] – criminal reference

Singapore Law; Legal; Lawyer

Lee Siew Boon Winston v PP [2015] SGCA 67

Significance: conditions for leave to grant criminal reference to Court of Appeal.

In Singapore’s system of criminal justice, there is only one tier of appeal. Apart from the single tier of appeal, there is the criminal reference procedure, where one or more questions of law of public interest can be brought to the Court of Appeal, but only with leave: [4].

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Case Update: Daniel John Brader and others v Commerzbank AG [2013] SGHC 284 – collateral contract, discretionary bonus, employment

Singapore Law; Legal; Lawyer

Daniel John Brader and others v Commerzbank AG [2013] SGHC 284

Significance: Court held that an announcement made to employees at a Townhall meeting regarding bonus payments was held to be a sufficiently certain binding unilateral contract collateral to their employment contracts.

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Case Update: Bombay Talkies (S) Pte Ltd v United Overseas Bank Limited [2015] SGCA 66 – compounding debt, statutory demands, winding-up

Singapore Law; Legal; Lawyer

Bombay Talkies (S) Pte Ltd v United Overseas Bank Limited [2015] SGCA 66

Significance: meaning of compounding debt in respect of statutory demands under the companies winding-up regime.

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Case Update: Boey Pang Sim Richard v Law Society of Singapore [2015] SGHC 302 – Rule 31 of PCR, meaning of persons involved in or associated with former clients

Singapore Law; Legal; Lawyer

Significance: principles on Rule 31 of the Legal Profession (Professional Conduct) Rules prohibiting solicitors from acting against former clients and persons “involved in or associated with” former clients in related matters; meaning of persons “involved in or associated with” former clients; “related matters”.

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Case Update: PT Selecta Bestama v Sin Huat Huat Marine Transportation Pte Ltd [2015] SGHC 295 – stay of proceedings, multi-tiered dispute resolution clause, obligation to negotiate and exclusive jurisdiction clause

Singapore Law; Legal; Lawyer

PT Selecta Bestama v Sin Huat Huat Marine Transportation Pte Ltd [2015] SGHC 295

Significance: stay of proceedings, multi-tiered dispute resolution clause, obligation to negotiate prior to legal proceedings and exclusive jurisdiction clause; reliance on exclusive jurisdiction clause despite challenging validity of contract.

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