Career and Experience

LLB (Hons), National University of Singapore
​
Advocate and Solicitor, Supreme Court of Singapore (1986)

News and Insights

08 February 2019

Contested Probate Over Clause In A Will

The rule in Saunders v Vautier permits a beneficiary to terminate a trust if the beneficiary is of adult age, of sound mind and compels the trustees to transfer the legal estate to the beneficiary, thereby terminating the trust. This may be problematic as a testator may wish for the beneficiary’s share in his estate to be held on trust until a beneficiary attains an age, beyond majority. If the will is inadequately drafted, it may fail to achieve the testator’s true intention.

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14 December 2018

Disputes Amongst Beneficiaries On Death Of A Family Member

​In the administration of an estate, disputes may arise between the executor and the beneficiaries. While some disputes may be resolved by agreements between the parties, others may result in the delay of the administration of the estate. If an agreement cannot be reached and the dispute persists, the question is if it is appropriate for an executor of an estate to commence an action seeking orders or directions from the court to finalise the administration of the estate.

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13 December 2018

Joint Accounts in Death Cases

Y, a mother of five children, added one of her children X’s name into her sole named bank account, thus converting the account into a joint account (“the Joint Account”). When Y added X’s name into her sole named bank account, the Authorisation Form contained this clause: “In the event of death, the rule of survivorship shall apply to the Joint Account and the Bank shall be authorised to dispose of the balance in the Joint Account as the property of or to the order of the survivor(s)…” Y subsequently passed away intestate. The main issue arising from this fact scenario was whether, upon the death of Y, the monies in the joint account belonged to the Estate of Y or to X by the right of survivorship.

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12 December 2018

Family Feud - Non Co-operation By An Executor

A and B were appointed as executors and trustees of the deceased’s will. They were also 2 of the beneficiaries of the deceased‘s will. Upon the deceased’s passing, A attempted to obtain probate in respect to the estate. For several months after the deceased’s passing, A made several requests to B to make a joint application for probate. However, these attempts were futile. Instead, B objected to A dealing with the assets and gave notice to A not to deal with any matters pertaining to the estate without B’s consent.

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23 October 2017

International Child Abduction

The Hague Convention on the Civil Aspects of International Child Abduction (1980) (the “Convention”) is an international treaty between Contracting States that governs issues of international child abduction. Where a child under 16 years has been wrongfully removed or retained overseas, the Convention secures protection for parental rights of custody and access, and facilitates the prompt return of the child to his or her habitual residence. The return of the child is based on the underlying agreement that the child’s welfare is best served by swiftly returning the child to his or her habitual residence where the courts there will decide all issues of custody and care.

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28 September 2017

Mareva Injunctions: Effective Use of a Nuclear Weapon

Fraudulent directors, rogue businessmen and delinquent corporate partners. The modern commercial world is a minefield and these are but a few of the landmines within it. With a pinch of wise business strategy, a sprinkle of solid due diligence and a generous helping of good fortune, the modern corporation seeks to navigate this minefield.

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14 August

Foreign Elements in Matrimonial Proceedings

The Singapore Courts will recognise divorce judgments made by foreign courts of competent jurisdiction in accordance with the rules of private international law of Singapore. Generally, there are three accepted bases for recognition:

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Selected Activities

Author of the chapter on “Conflict of Laws in Family Issues” in the Family Law text issued by Sweet & Maxwell titled ‘Law and Practice of Family Law in Singapore’
Soon Yien is one of the founding members of our law practice and is an experienced litigator of 31 years standing. She has acted as counsel in a wide range of contentious corporate, commercial, property, family, probate/estate and trust litigation work.
​​​She has made her mark in taking novel legal arguments not only to courts of original jurisdiction but to appellate courts including the Court of Appeal. Some landmark cases include acting for a foreign corporation in expunging a registered trademark which was heard in the Court of Appeal and subsequently cited as precedents for trade mark cases.; successfully acting for a seller in a landmark property case which was also heard in the Court of Appeal and set the law on whether unauthorized works to properties constituted defect in title; acted successfully in an environment issue avoiding forfeiture orders which relied on a lacuna in the Environmental Public Health Act which subsequently led to an amendment in the Act and judgement was reproduced in an eminent publication of the then Singapore Chief Justice Yong Pung How; successfully defended in the Court of Appeal the principle that fraud vitiates all but not a judgement in rem relied on by bona fide purchasers of real estate without notice. A full and detailed write up of her work experience can be made available on request.

Reported Cases

  • Karrimor International Ltd v Ho Chong Fun t/a Ah Hwa Trading Co [1989] SLR 801 (Trade Mark dispute)
  • Huang Ching Hwee v Heng Kay Poh & Anor [1990] SLR 1220 (Also reported in Straits Times 18 November 1992) (Property dispute)
  •  In The Matter of The Estate Of Pakirisamy Vengadasalam, deceased, Nirmala Devi d/o Vengadasalam v Danalakshmi Nee rishnan and Others [1990] SGHC 130 (Estate dispute)
  • Lee Choon Peng & Anor v Lamco Building Pte Ltd [1991] 3 MLJ 363 (Also reported in Business Times 22 May 1991) (Property dispute)
  • Wong Yuk Fong Lily v Menezes (Menezes Daniel Matthew, Intervener) [1992] 2 SLR 446 (Estate dispute)
  • People’s Parkway Development Pte Ltd v Akitek Tenggara [1993] 1 SLR 704 (Negligence case)
  • Lambias (Imported & Exported) Co. Pte Ltd v Hongkong & Shanghai Banking Corporation [1993] 2 SLR 751 (Also reported in Business Times 27 May 1993) (Letter of credit case)
  • President Marine (Pte) Ltd v Kojima Singapore (Pte) Ltd S804/1993, RA137/1993 (Commercial case dispute)
  • Dong Yuan Hang Trading Pte Ltd v Sunko (S) Co Pte Ltd [1994] 3 SLR 603 (Shipping case)
  • Toh Teong Seng v PP [1995] 2 SLR 273 (Also reported in the Singapore Law Gazette July 1995, Academy Digest issue 8/95, Speeches and Judgements of the Singapore Chief Justice Yong Pung How and the Straits Times 14 April 1995) (Criminal statutory case)
  • Banque Indosuez v Madam Sumilan Awal & Ors [1996] SGHC 172 (Reported in Lawnet) (Estate dispute)
  • Yang Ming Jiann v Koh Lian Chye and Another (Yang Tseng Pu, Third Party) [1996] SGHC 121 (Property litigation)
  • Payna Chettiar v Low Meng Seng & Ors [1998] 2 SLR 289 (Also reported in the Chinese newspaper on 14 March 1998) (Property dispute)
  • L v J [1999] SGHC 258 (Matrimonial/Family law litigation)
  • National Scientific (S) Pte ltd v Ho Wai Ming & Ors [2002] 2 SLR 251 (Contract dispute)
  • Momentum Creations Pte Ltd v Tan Eng Khoon trading as De Angeli [2003] 1 SLR 342 (Copyright dispute)
  • Lee Theng Yiow v Ismail bin Muhamad [2003] SGHC 259 (Personal injury case)
  • 3 FB v FC [2004] SGDC 112 (Family case)
  • Cheah Geok Tuan (alias Seah Geok Tuan) and Anor v Lie Khin Sin and Anor [2005] SGHC 210 (Commercial dispute)
  • The Law Society Of Singapore v Tham Kok Leong Thomas [2005] 2 SGHC 231, [2006] 1 SLR 775 (Disciplinary case)
  • Tan Siew Tian and Others v Lee Khek Ern Ken Enbloc Sale of Airview Tower [2008] SGHC 41 (Enbloc dispute case)
  • Tan Siew Tian and Others v Lee Khek Ern Ken [2008] SGCA 25 CA 46/2008 (Enbloc dispute case)
  • Thurairatnam Kirupakaran and Others v Wong Juan Tiang / Lee Lai Kew and Others [2008] SGSTB 1 (Enbloc litigation) 
  • Mervyn Lim We–Jin and Jessie Tham Yi Min v Jason Teo Shen Yuan and Chan Sue Li in Originating Summon No 534 of 2008/W (Reported in the Straits Times 27June 2008) (Property dispute)
  • Law Chin Eng & Anor v Hiap Seng & Co Pte Ltd (Lau Chin Hu & Ors, applicants) [2009] SGHC 223 (Trust/Company directors’ litigation)
  • Law Chin Eng & Anor v Lau Chin Hu & Ors [2009] SGHC 225 (Trust/Company directors’ litigation)
  • Ursula Starke & 2 Ors v The Management Corporation Strata Title Plan No. 2864, Knight Frank Estate Management Pte Ltd & Aquatech Products & Services Pte Ltd in High Court Suit No. 1004 of 2009P (Reported in the Straits Times 17 May 2010) (Negligence case)
  • Lim Lye Hiang v The Official Assignee reported in The Straits Times 13 October 2010 and Lim Lye Hiang, ex parte the Official Assignee [2010] SGHC 299 (Reported in The Straits Times on 15 November 2011) (Bankruptcy issue of law)
  • Foo Song Mee v Ho Kiau Seng [2011] SGCA 45 (reported in The Straits Times 9 July 2011) (Commercial case)
  • Hiap Seng & Co Pte Ltd v Lau Chin Hu and others [2011] SGHC 143 (Trust/Company directors’ litigation)
  •  Lew Kiat Beng v Hiap Seng & Co Pte Ltd and another appeal [2011] SGCA 61, Court of Appeal (Trust/Company directors’ litigation)
  • Low Hian Chor v Steel Forming & Rolling Specialist Pte Ltd and another [2012] SGHC 10 (Shareholders’ and directors’ litigation)
  • Erco Lighting Pte Ltd v Tan Soo Khoon (Thomas Tan) and another [2012] SGDC 131 (Injunction litigation)
  • Ang Thiam Swee v Low Hian Chor [2013] 2 SLR 340 (Shareholders’ and directors’ litigation)
  • BJQ v BJR [2013] SGDC 109 (Family dispute)
  • BLV v BLW [2013] SGDC 357 (Matrimonial law litigation)
  • Seet Poh v Lim Lee Cheng [2014] SGHC 78 (Dispute on division of matrimonial assets)
  • Sheagar s/o T M Veloo v Belfield International (Hongkong) Ltd [2014] SGCA 26 (Moneylenders Act / Conflict of laws)
  • Attorney-General V Ferrari Giorgio and Giorgio Ferrari Pte Ltd in High Court Suit No. 412 of 2014. Reported in The Straits Times 3 July 2014 (Alleged misrepresentation to avoid customs duties and GST)
  • Yannick Pierre Yves Le Borgne v Paramesvaran Kumarasamy in O.S. No. 70002 of 2015 (an application under section 12(1) of the Protection from Harassment Act 2014 (Act 17 of 2014)) (Reported in The Straits Times 15 January 2015)
  • Chong Kim Beng v Lim Ka Poh (trading as Mysteel Engineering Contractor) and others [2015] SGHC 90 (Joint and several liability)
  • Janice Berryman v Quentin James Berryman [2016] SGFC [50] (Variation of maintenance)
  • Tan Bee Hoon (executrix for the estate of Quek Cher Choi, deceased) and another v Quek Hung Heong and others [2015] SGHC 229 (Res Judicata, exclusive lifetime possession and estoppel)
  • UDA v UDB and another [2017] SGHCF 16 (Jurisdiction of the High Court (Family Division) to determine the property interest of an intervener with respect to a property which is the subject matter of a dispute in a matrimonial case)
  • Shanghai Turbo Enterprises Ltd. v Liu Ming, High Court Suit No. 571 of 2017, Summons No. 4210 of 2017 (reported in The Business Times on 27 September 2017) (Mareva injunction)
  • UDA v UDB and another [2018] SGCA 20 (reported in the Straits Times 26 April 2018, represented appellant in landmark decision by 5 Court of Appeal Judges on jurisdiction of the Family Justice Courts / Family Division of High Court)
  • UNE v UNF [2018] SGHCF 12 (Also reported in the Straits Times and Law Watch on 05 July 2018), represented the homemaker wife who successfully claimed 50% of the matrimonial assets worth over $20 million
  • UNE v UNF [2018] SGHCF 15 - Novel pronouncement of law in Singapore on penal notice
  • UQP v UQQ [2018] SGFC 109 (Family law, division of matrimonial property)