The ABCs of Trusts

The ABCs of Trusts Image Source: Google This article is written by Emelia Kwa, trainee of OTP Law Corporation Despite being such an important part of our legal affairs, the concepts behind trusts can be rather intimidating to understand. We hope that this guide will be able to kick start your understanding of trusts. Who’s who? The settlor is the person who created the trust. He may or may not be the trustee of the trust as he can appoint someone else to be the trustee. The trustee is the person who has the legal right to control how the asset (e.g. property) of the trust in question is handled. The beneficiary is the person who benefits from the trust…

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An Interview With PracticeForte Advisory Affiliate Ms. Susan Tay On Being Paper-Less

An Interview With PracticeForte Advisory Affiliate Ms. Susan Tay from OTP Law Corporation on Being Paper-Less. The interview was conducted by our technology collaborator, Ms Serena Lim of Bizibody Technology Pte Ltd, this interview can be viewed as part of a workshop by Singapore Academy of Law LIFTED titled Legal Workplace Productivity Solutioning.Registration for the online training module is at  https://lifted.teachable.com/p/using-technology-to-run-a-productive-law-practice .

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The Split After The Split – Part 2

The Split After The Split - Part 2 Article By: PracticeForte Advisory Affiliate Ms. Susan Tay of OTP Law Corporation. Explaining Fair and Equitable Division of Matrimonial Assets-Global Assessment Method for Long, Single-Income MarriageJust when we thought the law is fairly settled after ANJ v ANK [2015] SGCA 34, our apex court concludes in a recent case of TNL v TNK [2017] SGCA 15 that the approach in ANJ will not work for a single income family as it tends to favour the working spouse over the non-working spouse. In the ANJ approach, financial contributions are given weight in both steps. To recollect, the steps stated in the ANJ approach are as follows:1st Step, work out the proportion of direct contributions (cash paid directly toward the acquisition of assets)2nd Step, work…

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The Split After The Split – Part 1

The Split After The Split - Part 1 Article By: PracticeForte Advisory Affiliate Ms. Susan Tay of OTP Law Corporation This is the first of 2 articles to help explain how our courts distribute matrimonial assets fairly and equitably after a marriage ends. Part 1 focuses on dual income families where both spouses worked during the marriage and contributed financially to the acquisition of their matrimonial assets.We cannot deal with this subject without dwelling into the 2015 court of appeal case of ANJ v ANK [2015] SGCA 34. In ANJ, the couple who were married for 9 years, both worked and contributed financially toward the acquisitions of their matrimonial assets. They had 2 young children, 12 & 8.This case seals our apex court’s…

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Same Sex Marriage & Their Rights

The Voices of Wan and Her Wife Elodie Article By: Wan Cheng & ElodieWan Cheng (“Wan”) and Elodie are a bi-national couple who had met through their love of sports. Elodie who’s French, worked in Indonesia for 3 years before a new work assignment brought her back to Paris.Although it was already possible for same-sex couples to be “PAC-sed” (pacte civil de solidarité or civil solidarity pact) in France since 1999, the legalization of same-sex marriage in France in 2013 and the timing of Elodie’s new job assignment accelerated Wan’s decision to quit the teaching service and move away from Singapore to build her life together with Elodie in Paris where they both have been living now for the past 4 years.A…

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An Interview With PracticeForte Advisory Affiliate Ms. Susan Tay of OTP Law Corporation on Practice, Pupillage & Pro Bono

An Interview with PracticeForte Advisory Affiliate Ms. Susan Tay On Practice, Pulillage and Pro Bono. An Interview With PracticeForte Advisory Affiliate Ms. Susan Tay by Emelia Kwa. Q: You have accumulated over a decade’s worth of experience in matrimonial litigation. What motivated you to delve into such a specialised field of practice, and did you ever consider practicing corporate law instead?A: I actually started doing matrimonial litigation by chance. My very first litigation case after I became my own boss was a matrimonial case. It started when a friend of a friend approached me for help in her divorce. After that I realised that it was rewarding in a way other cases are not – you’re helping someone in something that’s…

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In-house Counsels: How Priviledged Are You?

In-House Counsels: How Privileged Are You? Article By: Leon Vincent Chann, ex-intern and current 3rd year NUS Law Student.The recent Singapore Court of Appeal case of ARX v Comptroller of Income Tax [2016] SGCA 56 sheds light on legal professional privilege (“LPP”), more specifically legal advice privilege, accorded to in-house counsels. The SGCA extensively discussed this issue and concluded that in-house counsels are indeed accorded LPP – via the common law before the 2012 amendments of the Evidence Act (Cap 97) and via both statutory and common law after the 2012 amendments. This article will firstly look at the requirements for the privilege to be attached to communications between in-house counsels and their clients, the requirements for the communications to be privileged…

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