|
Civil Claims
1. Which Court hears Civil Claims in Singapore?
2. How to file a Civil Claim in Court?
3. Where are Civil Claims heard?
4. How is the trial process conducted in Singapore?
5. What is a Judgment?
6. What is meant by cost awarded in the Judgment?
7. What happens after a Judgment is obtained?
8. How can a Judgment be executed upon?
9. When can you appeal against a Judgment?
10. How is a matter concluded?
Probate and Administration - Wills
1. What is a Will?
2. Do you need to consult a lawyer when making a Will?
3. What should you include in a Will?
4. What about moneys in your Central Provident Fund Account (“CPF”)?
5. Do I need witnesses when executing a Will?
6. Can I subsequently change or make another Will?
7. Do I need to review my Will periodically?
8. Should I make my Will known to certain individuals?
9. How does one administer the Estate of a Testator upon his demise?
10. What happens if you do not make a Will?
11. What if you are a Muslim and intend to make a Will?
Civil Claims
| 1. |
Which Court hears Civil Claims in Singapore?
There are three (3) different courts in Singapore that have jurisdiction to hear civil claims.
(i) Magistrate’s Court
It has jurisdiction to adjudicate on claims of up to S$60,000.00.
(ii) District Court
It has jurisdiction to adjudicate on claims above S$60,000.00 and up to S$250,000.00.
(iii) High Court
It has jurisdiction to adjudicate on claims above S$250,000.00.
^ Back to top
|
| 2. |
How to file a Civil Claim in Court?
A civil claim is filed by the issuance of a Court document known as the Writ of Summons (with attached Statement of Claim) or an Originating Summons. The claim must be filed electronically under the Electronic Filing System (“EFS”) either through a lawyer or through the CrimsonLogic Service Bureau.
^ Back to top
|
| 3. |
Where are Civil Claims heard?
Claims filed in the Magistrate’s Court and District Court are heard at the Subordinate Courts situated at Havelock Square. Claims filed in the High Court are heard at the Supreme Court Building opposite Funan Centre.
^ Back to top
|
| 4. |
How is the trial process conducted in Singapore?
Singapore adopts a adverserial system. Parties are represented by lawyers and the case is heard before a single judge presiding as the trial judge. Evidence is provided by witnesses by way of a Court document known as the Affidavit of Evidence in Chief, which is a sworn statement.
Opposing lawyers cross examine the witnesses by referring to their respective Affidavits of Evidence in Chief.
The Plaintiff will present his case through all his witnesses first followed by the Defendant and his witnesses. After the case is presented to the trial judge each party through their lawyers present their respective submissions on the facts and the Law before the trial judge. The trial judge then deliberates and comes to his decision, order or judgment after receiving all the evidence before the Court and after the hearing of the submissions made by the respective parties.
^ Back to top
|
| 5. |
What is a Judgment?
A judgment is the pronouncement by the judge on his final decision after going through the trial process. He may either find for the Plaintiff or for the Defendant. An award of cost for the proceedings will be usually issued in the judgment for the winning party.
^ Back to top
|
| 6. |
What is meant by cost awarded in the Judgment?
The general principle on costs is that ‘costs follows the event”. This means that the losing party has to pay the legal costs of the winning party (for issuing the proceedings successfully or defending the proceedings successfully as the case may be). The costs payable under a judgment is called the “Party and Party Costs” and the amount payable is at the discretion of the Judge and can either be fixed by the Judge or be taxed before the Registrar (“Taxation”). Taxation is the process where the Registrar of the Court assesses the costs to be allowed and payable. This aspect of costs (“Part and Party Costs”) is not the same as the costs that is payable to your lawyer for the work done by him, which is known as “the Solicitor and Client Costs”. The Solicitor and Client Costs is a matter for agreement between the lawyer and the client.
^ Back to top
|
| 7. |
What happens after a Judgment is obtained?
Usually a demand for payment is made by the winning party (“Judgment Creditor”) through his lawyer and if the payment demanded is not made by the other party (“Judgment Creditor”) then, the Judgment Creditor may proceed with the execution of the judgment by issuing execution proceedings against the Judgment Debtor.
^ Back to top
|
| 8. |
How can a Judgment be executed upon?
There are a few methods of execution. The most common of which are obtaining a Garnishee Order or Writ of Seizure and Sale.
If you are aware of the bank details and accounts of the Judgment Debtor then you may obtain a Garnishee Order from the Court to seize the monies in the bank account of the Judgment Debtor and for the bank to pay up the amount to your lawyer in satisfaction of the Judgment.
A Writ of Seizure and Sale is a Court Order which allows you to seize the assets of the Judgment Debtor and to sell the same to satisfy the Judgment obtained.
^ Back to top
|
| 9. |
When can you appeal against a Judgment?
All judgments pronouced upon by the Court are appealable. In some instances you need the Leave of the Court (“permission”) before you can file an appeal. In Singapore, the final right of appeal lies with the Court of Appeal. In certain instances Leave of Court is needed to appeal a decision or other Order of Court and the appeal is heard before a Judge in Chambers.
^ Back to top
|
| 10. |
How is a matter concluded?
Once judgment is obtained and when the Judgment Debtor fully satisfies the judgment, the matter is deemed concluded when a court document known as “the Entry of Satisfaction” is filed with the Court. If the matter is settled before any trial takes place then parties will file a document known as a “Notice of Discontinuance” in the action and the matter is deemed as concluded.
^ Back to top
|
Probate and Administration - Wills
| 1. |
What is a Will?
A person makes a Will to provide for the administration and distribution of what he owns (“his assets”) among his Beneficiaries upon his death. The person making a will is called “the Testator”. “Beneficiaries” are those who inherit the assets of the Testator under the Will. The “Executor and Trustee” is the person nominated and appointed by the Testator to administer and distribute the assets in his estate upon his death.
If there are Beneficiaries who are Minors (persons under the age of 21 years) named in your will, it will be preferable to have at least two Executors and Trustees who will be able to hold any assets or invest or use any money under the Will for the benefit of the Minors.
^ Back to top
|
| 2. |
Do you need to consult a lawyer when making a Will?
If you are above 21 years of age, of sound mind and not an undischarged bankrupt, you may make your own will and change it at any time during your lifetime. But the risk is that your home-made Will could be ineffective or invalid. It is therefore in your interest to consult a lawyer who can advise you and draft your Will in accordance with your instructions and the law.
Note : However, if you are a soldier in actual military service (NS men) or a mariner or a seaman at sea, you may make a will even though you are under 21 years of age.
^ Back to top
|
| 3. |
What should you include in a Will?
You should state the persons or organisations to whom you wish to give your assets to upon your demise. For example, you may give away your house, car, shares, monies payable under insurance policies, bank accounts and jewellery to family members, friends or to registered charities.
^ Back to top
|
| 4. |
What about moneys in your Central Provident Fund Account (“CPF”)?
If you have made a valid nomination under the CPF Act, your nominee shall be entitled to the funds in your CPF account upon your demise regardless of what is stated in your Will. If you have not made a nomination, your funds will be distributed in accordance with the law under the Intestate Succession Act.
If you marry after making a nomination, your pre-marriage nomination is automatically nullified unless you state in your CPF nomination form that your nomination was made in contemplation of the marriage. Therefore, it is wise to make a fresh new nomination immediately after your marriage has taken place.
^ Back to top
|
| 5. |
Do I need witnesses when executing a Will?
Under the laws of Singapore, the signing of your Will must be witnessed by two persons who are above the age of 21, of sound mind and both must be present at the time you execute your Will. Your witnesses must not be beneficiaries under your Will. They should also not be the husband or wife of any of the beneficiaries. The witnesses are merely present to attest your signature and need not know the contents of your Will.
^ Back to top
|
| 6. |
Can I subsequently change or make another Will?
You should not attempt to change your Will by crossing out parts of your Will or by adding words in or by attaching anything to it. If you do so, your Will may become ineffective or invalid. If you do wish to change your last Will, you should either make a fresh Will or prepare a Supplemental Will (“a Codicil”).
^ Back to top
|
| 7. |
Do I need to review my Will periodically?
If you marry or re-marry after your last Will, your Will may be nullified unless it is stated in your Will that it was made in contemplation of the marriage.
You should review your Will if any of the following occur:
(a) if you change your name or anyone mentioned in your Will does change his or her name;
(b) if a beneficiary dies during your lifetime;
(c) if your executor or trustee dies or becomes incapable of carrying out his duties as to the administration of your Will due to ill-health or is of unsound mind or for other reasons;
(d) if you sell or part with any property named in your Will after making your last Will; and
(e) if there is any significant changes in your assets especially those assets which you subsequently acquire after the making of your last Will or where you have forgotten to include some of your assets in your last Will.
It is therefore advisable to review your Will periodically.
^ Back to top
|
| 8. |
Should I make my Will known to certain individuals?
Although your Will is a private and confidential document, it is important that your family members whom you trust and especially your executors know that you have made a Will and are informed of where your Will is kept. You may have your Will kept by your lawyer for safe-keeping. If you do have your Will kept by your lawyer, you should keep your executors informed of the name of the lawyer and the law firm, contact numbers and the office address. You may also wish to register your Will with the Wills Registry in Singapore
^ Back to top
|
| 9. |
How does one administer the Estate of a Testator upon his demise?
The Will will only take effect upon death. Your executors would have to apply to Court for a “Grant of Probate”. The Grant of Probate is a legal document approved by the Court which gives legal effect to your intentions under your last Will. The Court however will only issue the Grant of Probate after the Estate Duty Commissioner has approved and certified the following:
(a) the value of your estate; and
(b)(i) the amount of estate duty payable; or
(b)(ii) that no estate duty is payable.
Although the executors of your Will have the power to do things in accordance to your intentions under your Will before the Grant of Probate has been issued by the Court, it might be necessary to obtain the approval of the Commissioner for Estate Duty in certain circumstances. This is especially so when dealing with landed property or with assets like shares. In relation to such assets, it is necessary to obtain the Grant of Probate first before distribution can be made.
Upon the issuance of the Grant of Probate by the Court, the Will becomes a public document. The Court retains the original Will. The executors will be given a copy of the Will together with the Grant of Probate. Upon obtaining the Grant of Probate, all your property and assets will then pass to your executors. Your executors will have the responsibility of administering your Will and distributing the estate in accordance with your instructions under your Will.
^ Back to top
|
| 10. |
What happens if you do not make a Will?
If you pass away without making a Will, your assets will be distributed according to the rules of intestacy as laid down in the Intestate Succession Act. Your lawyer can advise you about these rules and how they apply to you. If you die without making a Will, your estate may be distributed to persons to whom you do not intend to give a share of your assets.
Also, you cannot choose the people who will look after your estate. They are called “Administrators” instead of Executors although they will have the same responsibilities and usually are members of your immediate family who are above the age of 21 years. They have to apply to Court for “Letters of Administration” instead of the Grant of Probate and the procedure is more complicated. For example, the administrators will have to provide two guarantors/sureties unless they get approval from the Court not to have such guarantors/sureties.
Therefore, if you want to provide especially for your family members, friends or a charity upon your demise, you should consider making a Will as it will be easier and more convenient.
^ Back to top
|
| 11. |
What if you are a Muslim and intend to make a Will?
Many of the points mentioned above do not apply to a Muslim. Under Section 115(1) of the Administration of Muslim Law Act, 1985, the beneficiaries must apply to the President of the Syariah Court for an Inheritance Certificate to establish the share of each beneficiary. Muslims can only dispose off or give away 1/3 of their estate to persons who are not already entitled under the Inheritance Certificate mentioned above. You should therefore consult a lawyer who is proficient in Muslim or Syariah Law to seek advice on making a Will.
^ Back to top
|
|
