Article: Appointment of deputies, court directions and statutory wills under the Mental Capacity Act

Singapore Law; Legal; Lawyer

Potential Scenarios 

What if a person sinks into a coma or becomes mentally impaired such that he is unable to make important decisions about his property and welfare. For example, money has to be withdrawn from his bank account to pay for medical expenses?

What if an elderly person has severe dementia and suddenly makes a substantial gift of money or property, or changes his will in a way, which is incongruous with his character?

What if a child is intellectually challenged and unable to make his own decisions about his property and welfare? In some instances, banks or other third party institutions may require the parent or guardian to provide documentary proof that he or she is legally authorised to make decisions on behalf of the child regarding those matters.

This is where the Mental Capacity Act comes in.

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Case Update: Five Ocean Corporation v Cingler Ship [2015] – interim orders in aid of international arbitration

Singapore Law; Legal; Lawyer

Five Ocean Corporation v Cingler Ship Pte Ltd [2015] SGHC 311

Significance: High Court exercised its powers under s 12A of the International Arbitration Act (Cap 143A, 2002 Rev Ed) (“the IAA”) on the basis of urgency and necessity to make an interim order to preserve the value of goods pending the resolution of arbitration.

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Article: Wills and Testamentary Dispositions

Singapore Law; Legal; Lawyer

What is a testamentary will?

A will is a legal document by a person declaring his intention on what should happen to his assets and personal matters after he passes on.

Proper drafting of a will is important. There are various legal rules and considerations pertaining to wills which should be noted. Once the testator has passed on, there is generally little that can be done to rectify errors or injustices arising out of a dead person’s will. Unclear and ambiguous wording in a will may potentially result in problems implementing the will or even its invalidity. It may also give rise to unnecessary litigation by the (potential) beneficiaries of the will.

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Case Update: Y.E.S. F&B Group Pte Ltd v Soup Restaurant Singapore [2015] – contractual interpretation

Singapore Law; Legal; Lawyer

Y.E.S. F&B Group Pte Ltd v Soup Restaurant Singapore Pte Ltd (formerly known as Soup Restaurant (Causeway Point) Pte Ltd) [2015] SGCA 55

Significance: principles of contractual interpretation. Court of Appeal allowed appeal on holdings of contractual interpretation based on evidential context.

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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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