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br@brlawcorp.com +65 6899 9888

Foo Soon Yien

Senior Director, Founder

+65 6394 7688

foosoonyien@brlawcorp.com

Practice Areas

Dispute Resolution
Conveyancing
Commercial Transactions
Probate & Administration
​Family and Matrimonial Law
​
​Arbitration

Career and Experience

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

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’

News and Insights

20 June 2022

Contesting a Will on Grounds of Lack of Testamentary Capacity and/or Lack of Knowledge or Approval of Will’s Contents

The contents of a will may arouse suspicion and beg a second look. In such cases, one can choose to contest the will. There are several grounds on which an individual can dispute the validity of a will. This article will elaborate on two such grounds: lack of testamentary capacity (i.e. the deceased did not have the mental capacity to make a will) and lack of knowledge or approval of the will’s contents.

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20 June 2022

Contesting a Will on Grounds of Undue Influence and/or Fraud

Sometimes, a deceased person may exclude a loved one from his or her will. If such a person believes that he should be entitled to a share of the deceased’s assets, he may contest the will.

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16 March 2022

Need for executors to make an interim distribution of a deceased’s Estate to beneficiaries while the collation of all the estate’s assets is ongoing

Where a deceased person had executed a will, upon his death, the executor will have to apply to Court for a Grant of Probate to administer the deceased’s estate in accordance with the deceased’s wishes in the will.

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16 March 2022

Postnuptial Agreement

A popular misconception about postnuptial agreements is that they spell the doom of a marriage. That is not necessarily true as there are 2 kinds of postnuptial agreements.

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09 March 2022

Prenuptial Agreement

For couples eagerly anticipating marital bliss, the topic of a prenuptial agreement is not easy to bring up. Against the exciting backdrop of wedding planning, talking about the end of the marriage before it has even begun may feel inappropriate or even taboo. Some worry that initiating discussions of a prenuptial agreement suggests a lack of trust in the other party or a lack of commitment to the marriage.

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07 March 2022

Division Of Matrimonial Assets Failure To Make Full and Frank Disclosure

In matrimonial cases, at times one spouse may hide assets from the other spouse and fail to provide full and frank disclosure of such assets, especially when the marriage is breaking down and divorce seems imminent.

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23 July 2021

Disputes Involving Claims for Reimbursement of Expenses Incurred for the Deceased or his Estate

It is often believed that leaving a will is more about protecting one’s family than it is about your death. As such, many individuals leave wills in order to gain peace of mind that his/her family would be well taken care of and would remain harmonious in the future.

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16 July 2020

Administrative and Enforcement Powers of the Singapore Exchange Regulation

Foo Soon Yien and Jennifer Ang

The far-reaching regulatory powers of Singapore Exchange Regulation (“SGXRegCo”) were recently demonstrated again in the case of Sen Yue Holdings (“Company”), who was issued a Notice of Compliance (“Compliance Notice”) on 18 June 2020.

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25 March 2019

Reinstatement of Dependant’s Pass as a foreigner going through a divorce in Singapore

Cancellation of one’s Dependant’s Pass by an estranged spouse in the midst of ongoing divorce proceedings is one’s greatest worry. This article discusses the various ways you can go about reinstating your Dependant’s Pass and your rights in such circumstances.

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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 2017

Preventing a Parent From Removing a Child Out of Singapore

An aggrieved party may make an application for the Court to issue an injunction restraining the other parent from taking the child out of Singapore where there is an agreement or order of court that one parent has custody, care and control of the child.

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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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Soon Yien is one of the founding members of our law practice and is an experienced litigator of 33 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.

Legal directories

“Aggressive, decisive, open to change, long practical understanding of the law and judges in Singapore. Tenacious, good preparation.” - Asialaw Profiles 2021

“She is knowledgeable of the law, and procedure, tenacious, highly intelligent and very professional. Her turnaround time for work entrusted to her and her team is very fast. She keeps me updated all the time and checks details and asks questions to obtain facts that I may have forgotten or omitted.” - ​Asialaw Profiles 2021

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)
  • UQP v UQQ [2019] SGHCF 7 (Succeeded in appeal of Wife to the High Court in division of matrimonial assets where Wife was held entitled to 100% share of the matrimonial home, reported in The Straits Times on 28th March 2019)
  • UNE v UNF [2019] SGHCF 9 (Committal Proceedings for Contempt of Court)
  • VDA v VCZ [2019] SGFC 134 (Successful dismissal of Husband’s application to set aside the entire Ancillary Order and the Extension Order with costs to the Wife)
  • VHA v VHB [2020] SGFC 31 (Succeeded in obtaining care and control of a 3 years old child for the Father in a highly contested custody battle)
  • Kenneth Koh & Anor v Koh Ah Leng & Anor [2020] SGHC 131 (Dispute amongst family members over a HDB shophouse where resulting trust and constructive principles were argued and applied)
  • CDX v CDZ [2020] SGHC 257 (Successful dismissal of Plaintiff’s application to set aside the Arbitration Award on the ground that the award was made in breach of the rules of Natural Justice)
  • Gabriel Prieztiano Loke Jian Xun v Loke Siew Kee [2021] SGDC 97
  • VUR v VUS and VUS v VUR [2021] SGFC 89 (Highly contested custody proceedings under the Guardianship Of Infants Act. Obtained care order for father of a 2 years old daughter with access to the mother.)
  • Gabriel Prieztiano Loke Jian Xun v Loke Siew Kee [2021] SGDC 97 (successful application was made to adduce oral evidence)
  • VPH v VPI [2021] SGHCF 22 (Successful application by Appellant to adduce fresh evidence before hearing of main appeal and reversal of District Judge’s Order)

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