Career and ExperienceLLB (Hons), National University of Singapore
Advocate and Solicitor, Supreme Court of Singapore (1986) News and Insights25 March 2019Reinstatement of Dependant’s Pass as a foreigner going through a divorce in SingaporeCancellation 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. Read more08 February 2019Contested Probate Over Clause In A WillThe 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. Read more14 December 2018Disputes Amongst Beneficiaries On Death Of A Family MemberIn 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. Read more13 December 2018Joint Accounts in Death CasesY, 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. Read more12 December 2018Family Feud - Non Co-operation By An ExecutorA 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. Read more23 October 2017International Child AbductionThe 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. Read more28 September 2017Mareva Injunctions: Effective Use of a Nuclear WeaponFraudulent 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. Read more14 August 2017Preventing a Parent From Removing a Child Out of SingaporeAn 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. Read more14 AugustForeign Elements in Matrimonial ProceedingsThe 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: Read moreSelected ActivitiesAuthor 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.
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