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RES Course Day 4

Course notes for property agent wannabe


  • Stamp duty has to be paid
    • No need for inheritance
  • Must by fully paid up, CPF returned
  • If bankrupt, any gift within 3 years can be voided
    • Insolvency, Restructuring and Dissolution Act (IRDA) 2018
      • Effective 2020
    • If buying such title, must beware, a risk
      • OA (Public Trustee) will take it


  • Trustor (Settlor) -> Trustee (legal owner) -> Beneficiaries (equitable owner)
  • Stamp duty has to be paid
  • If Will and Trust conflict, Trust will prevail
  • Living Trust = while trustor living, usually in secrecy
  • Testamentary Trust = upon death
  • Constructive Trust - Due To Unjust Enrichment
    • The law adds to it due to circumstantial evidence e.g wife contributed $
  • ABSD
    • 65%
    • Remission = Difference of the 65% paid and the ABSD payable as if the beneficiary buy
      • Only if identifiable individual
      • Contigent (on condition) not eligible
      • Only based on vested beneficial ownership at the time the property is transferred into the trust


  • No need lawyer
    • Can DIY, with 2 witnesses, with sound mind, be clear
  • Will registry
    • $50
    • Keep for 120y
  • Invalid if under Economic Duress, Physical Duress
  • Muslim Law
    • Max One-Third of Estate = to non-kins
    • Witnesses: 2M or 2F+1M
    • Who can apply Inheritance Certificate:
      • Beneficiary
      • Majlis Ugama Islam Singapura (MUIS)
      • Law firm
      • Public Trustee
      • Court
    • Talak - For man to say, to release
  • Civil Law prevails over Muslim Law


  • Married at least 3y
  • Decree Nisi - interim
  • Decree Nisi Absolute - final

Future Interests

  • Concurrent interests in a land
    • Mortgagee (bank) limited to loan
    • Licensee does not have an interest
    • State has the largest interest (ultimate reversioner)
  • Life Estate
    • Recipient is the Life Tenant
    • Grantor gives grantee the right to stay for his lifetime

Joint Tenancy & Tenancy-in-common

  • Right of Survivorship
    • JT: On the death
  • 4 Unities: PITT
    • Unity of Possession, Interest, Title, Time


  • Jointly - must always act TOGETHER
  • Jointly & Severally - can act SEPARATELY

Professional Service Manual

  • Cannot represent both sides
  • Disclosure
    • Spouse - YES
    • BF/GF - NO
  • NO Kickback/Cashback/gift