Trust, Wills & Estates

Trust, Wills, and Estates

Messrs S. K. Song has an established reputation in the courts having on many occasions appeared in disputes related to trusts and probate/wills. Estate planning and administration is one of the most important areas of law, as it directly affects how your hard-earned assets are distributed to your loved ones after your passing. Without proper planning, your estate may be distributed in a manner that does not reflect your wishes, and your beneficiaries may face lengthy and costly legal proceedings.

Our firm provides comprehensive trust, wills, and estate services, from the initial drafting of wills and establishment of trusts to the administration of estates and the resolution of disputes. We combine technical legal expertise with a sensitive understanding of the personal and family dynamics that often accompany these matters.

Will Drafting & Estate Planning

A properly drafted will is the cornerstone of any estate plan. We prepare wills that clearly set out your wishes regarding the distribution of your assets, the appointment of executors and trustees, the guardianship of minor children, and any specific bequests or charitable donations you wish to make. Our lawyers take the time to understand your family circumstances, your assets, and your objectives to ensure that your will is comprehensive, legally valid, and tailored to your specific needs. We also advise on estate planning strategies to minimise estate duty and ensure the efficient transfer of wealth to the next generation.

Probate & Administration

When a loved one passes away, their estate must be administered according to the terms of their will or, if there is no will, in accordance with the distribution rules set out in the Distribution Act 1958. We assist executors and administrators in applying for the grant of probate or letters of administration from the High Court, identifying and collecting the deceased's assets, paying outstanding debts and liabilities, and distributing the remaining estate to the rightful beneficiaries. Our team handles the entire administration process, including the preparation of estate accounts and the transfer of property to beneficiaries.

Trust Formation & Disputes

Trusts are a powerful tool for asset protection, wealth management, and succession planning. We advise on the creation of various types of trusts including express trusts, discretionary trusts, and purpose trusts, ensuring that the trust deed is properly drafted and the trust is validly constituted. We also represent clients in trust disputes, including allegations of breach of trust by trustees, challenges to the validity of trust instruments, applications for the removal of trustees, and disputes over the interpretation of trust provisions.

Will Disputes & Contentious Probate

Disputes over the validity or interpretation of a will can arise for various reasons, including allegations of undue influence, lack of testamentary capacity, fraud, or forgery. We represent both propounders and challengers in contested probate proceedings, conducting thorough investigations, gathering medical and other evidence, and presenting compelling cases in court. We also handle disputes between beneficiaries and executors regarding the administration of estates.

Intestate Succession

When a person dies without leaving a valid will, their estate is distributed in accordance with the Distribution Act 1958, which sets out a fixed order of priority for distribution among surviving spouses, children, parents, siblings, and other relatives. We advise families on the intestacy rules, assist in applying for letters of administration, and guide the administrators through the process of distributing the estate according to law. Where disputes arise between potential beneficiaries, we provide robust representation to protect our clients' interests.