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Any good will making lawyers?

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Old 14-07-2017, 01:53 PM   #61
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For a small fee, potential beneficiaries may check the Wills Registry to see if they have any unclaimed monies.

https://www.mlaw.gov.sg/content/pto/...ed-monies.html
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Old 14-07-2017, 01:54 PM   #62
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in any case, don't put money in joint account if you want to avoid such dispute

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Last edited by highsulphur; 14-07-2017 at 02:10 PM..
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Old 14-07-2017, 04:17 PM   #63
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It depends on who C is in relation to the testator who contributes all monies in the joint account.

The law: he who puts money into joint names is presumed to have a resulting trust; the existence of a resulting trust overrides the right of survivorship.

If C is a friend, relative or anyone else, the presumption of resulting trust applies. This presumption can be rebutted if there is clear evidence to show that the testator intended the monies in the joint account as a gift. If there is no such evidence or if evidence is inconclusive, then the monies are disjoint and fall into the estate. Accordingly, A and B will benefit; C gets nothing.

If C is the wife or a child, then the resulting trust is displaced by the presumption of advancement that the monies in the joint account were a gift to the surviving joint account member. Again, this presumption is rebuttable with clear evidence that the monies in the joint account were not a gift. Accordingly, in the absence of evidence to the contrary, C gets everything in the joint account; A and B get nothing.
All my father's money of about 100k are held in several joint accounts with me. He has no other assets. He has no will and does not want to state how the money is to be distributed upon his demise. The joint accounts are open solely to avoid the legal process and cost of applying for grant of letter of administration.

I am fully aware that I can choose to close the accounts and makan all the money according to survivorship right and, if need, most probably as administrator of the estate. Still other siblings can claim that the money is held in trust and hence belong to the deceased's estate. I am prepared for this case, even though I have stated in writing to all to my siblings that I will use my discretion to distribute the money (not equally) and if anyone does not agree should voice their disagreement now or forever keep their peace.

However, in addition to the above joint accounts, I have 2 other joint accounts with my father, one specifically for deposit of my monthly allowance to him and another for deposit of his CPF monthly payouts. The latter is from my top-up to his CPF Retirement Account. In this case, I am not sure whether I have chance to fending off claimants on these joint accounts.
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Last edited by henrylbh; 14-07-2017 at 04:37 PM..
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Old 14-07-2017, 10:36 PM   #64
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For a small fee, potential beneficiaries may check the Wills Registry to see if they have any unclaimed monies.

https://www.mlaw.gov.sg/content/pto/...ed-monies.html
Ha ha I went through the whole list of organisations, agencies and individuals and sad to note that none gives me any hope to probe further.
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Old 14-07-2017, 11:20 PM   #65
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Ha ha I went through the whole list of organisations, agencies and individuals and sad to note that none gives me any hope to probe further.
Ok, maybe better luck next time.
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Old 14-07-2017, 11:31 PM   #66
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All my father's money of about 100k are held in several joint accounts with me. He has no other assets. He has no will and does not want to state how the money is to be distributed upon his demise. The joint accounts are open solely to avoid the legal process and cost of applying for grant of letter of administration.

I am fully aware that I can choose to close the accounts and makan all the money according to survivorship right and, if need, most probably as administrator of the estate. Still other siblings can claim that the money is held in trust and hence belong to the deceased's estate. I am prepared for this case, even though I have stated in writing to all to my siblings that I will use my discretion to distribute the money (not equally) and if anyone does not agree should voice their disagreement now or forever keep their peace.

However, in addition to the above joint accounts, I have 2 other joint accounts with my father, one specifically for deposit of my monthly allowance to him and another for deposit of his CPF monthly payouts. The latter is from my top-up to his CPF Retirement Account. In this case, I am not sure whether I have chance to fending off claimants on these joint accounts.
Presumption of advancement applies, monies in joint account intended by father as a gift to son. The strongest evidence is to have the father's intention in writing in case of siblings' disputes.

But, people will just take in as "Ah, it is a joint account. I cannot win."
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Old 14-07-2017, 11:44 PM   #67
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I don't think the relationship matters. from what I understand, joint accounts are not "willable" based on the rule of survivorship

unless you are a lawyer who knows what you are talking about, then ignore me
I know what I am talking about. But I am not a lawyer. And I don't want to ignore you.
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Old 15-07-2017, 01:00 AM   #68
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in any case, don't put money in joint account if you want to avoid such dispute

Suggest you find out more that there are different type of Banks Joint Accounts Holders.
So it depend on the type of Joint Accounts in order to understand which way it go to.
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Old 15-07-2017, 05:35 AM   #69
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I know what I am talking about. But I am not a lawyer. And I don't want to ignore you.
thanks for the information. didn't know that before

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Old 15-04-2018, 11:15 AM   #70
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hi all, both my parents have passed away, i do not have a spouse. i only have a sibling but i would wish to leave all my assets to charity in the event i passed on. However at this point of time, i have not decided which organisation should i leave my assets to, can i still do a will stating that all my assets to go to charity first.
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Old 16-04-2018, 12:10 AM   #71
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hi all, both my parents have passed away, i do not have a spouse. i only have a sibling but i would wish to leave all my assets to charity in the event i passed on. However at this point of time, i have not decided which organisation should i leave my assets to, can i still do a will stating that all my assets to go to charity first.
Yes, you can.

But since charity is so broad - from advancement of education, religion, health, community development, arts, sports, environment, animal welfare, to prevention/relief of proverty, it may be better to first identify the exact charitable organisation in the will.
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Old 09-11-2018, 04:20 AM   #72
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Think you may want to specifically mention which charity with the UEN number. then also mention the purpose for which the gift is for.
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Old 09-11-2018, 05:24 AM   #73
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My deepest condolences for the passing of your dear parents.

Really admire your altruistic attitude. Maybe you can start doing good now when you’re alive & well? Start with several charities, the “feel good” effect is really shiok. This will also assist in your consideration on which organisation(s) you want to will your assets to.

hi all, both my parents have passed away, i do not have a spouse. i only have a sibling but i would wish to leave all my assets to charity in the event i passed on. However at this point of time, i have not decided which organisation should i leave my assets to, can i still do a will stating that all my assets to go to charity first.
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Old 09-11-2018, 09:44 AM   #74
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Who consider money or assets given to charity as charitable donation upon death?
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Old 09-11-2018, 09:56 AM   #75
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My last parent passed away in April this year. All his money is in joint account with me. The lawyer excluded the joint accounts in the Schedule of Assets in the Letter of Administration. In other words, I need not distribute it

But I decide to distribute it to all my siblings in unequal proportion. I am still holding on to the money in interest earning accounts since obtaining LOA in early July.

I intend to give 60% to my youngest unmarried sibling, 10% to married siblings and 5% to unmarried siblings.

Any issues?
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