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Why you should not buy IPOs As Sheng Siong is launching its IPO next month, I expected a few calls as whenever an IPO is launching. And if you are my client, you know my answer. I decide to write this article so everybody can benefit...

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Questions to ask your Financial Adviser Every Sunday morning when I read the newspapers, I always see articles or advertisements regarding "Financial Advisers". Nowadays, just like the once prestigious word "Banker", which is misused in the...

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Revision to Nomination of Insurance Nominees Regulation With the onset of the Mental Capacity Act ("MCA") coming into effect on 1st March 2010, the Insurance (Nomination of Beneficiaries) Regulations 2009 ("the Regulations") will be amended to effect 2 changes: The...

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The ABCs of the Financial Advisers Act The title, Financial Adviser, is always mis-used in the industry and misunderstood by the consumers. On 10 October 2002, the Financial Advisers Act came into effect and all financial institutions are...

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Moratorium Underwriting by Aviva It is a common that insurance companies do not cover pre-existing condition. Typically, pre-existing conditions will be excluded with little or no chance of them being covered, even after a number of treatment-free...

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What will happen to your Malaysia property if you die?

Category : Estate Planning, Property

With prices of properties in Singapore rocketing, many Singaporeans have chosen to invest in Malaysia properties. However,  when many Singaporeans own millions of property assets in Malaysia, few have bothered to think about this question:

“What will happen to your Malaysia property if you die?”

 

Inheritance Laws in Malaysia

Previously, I talked about How are assets distributed if a person dies without a will in Singapore. Although Malaysia is also a common wealth country, the intestacy law is slightly different. For example, under Singapore law, surviving parent(s) will not receive anything if the deceased leaves surviving spouse and children, but parent(s) will be entitled 25% in the same situation under Malaysia law.

Many Singaporeans have “invested” millions of dollars in Malaysia properties with their spouse, parents and even friends. If not careful, the distribution under the law may be very undesirable to the deceased’s family. 

For West Malaysia and Sarawak, the law governing the distribution of estate upon intestacy is the Distribution Act 1958 (Amended Act 1997). However, this law is not applicable to Muslims and natives of Sarawak.  

INTESTATE LEAVES SURVIVING

ENTITLEMENT TO ESTATE

Spouse

Parents

Issue

Spouse

Parents

Issue

Yes

No

No

100%

-

-

No

No

Yes

-

-

100%

No

Yes

No

-

100%

-

Yes

Yes

No

50%

50%

-

Yes

No

Yes

1/3

-

2/3

No

Yes

Yes

-

1/3

2/3

Yes

Yes

Yes

25%

25%

50%

Issue refers to children and descendents of children

If a person passes away without a will and do not have any surviving spouse, parent or issue, then the following will  have priority:

  1. Brothers / Sisters
  2. Grandparents
  3. Uncles / Aunts
  4. Great Grandparents
  5. Great Uncles / Aunts
  6. Government

Prolonged Process of Asset Administration

When a person passes away without a will, an administrator must be appointed and every beneficiary must agree to the appointment and renounce their rights to petition. This can at times be a problem when the beneficiaries cannot agree on whom should be the administrator. This dispute can sometimes turn into a legal suit that can drag on for many years.

Even if all the beneficiaries agree to the appointment of the administrator, the administrator has to find two sureties. The purpose of the sureties is to protect and secure the creditors and beneficiaries against losses caused by the improper administration of the estate. These two sureties must have assets equivalent to the value of the deceased’s estate and will stand guarantee in the event that the administrator runs away with the deceased’s assets.

Most of the time, It is almost impossible to look for two sureties, especially if they were have to guarantee million dollars for the properties.

You can easily understand how badly the whole process will be delayed, not to mention the additional hefty legal fees involved.

There are many other factors to be considered such as Foreign Investor Scheme restriction to the beneficiaries. I will discuss them in another post.

In a nutshell, if you are buying a million dollar property in Malaysia, invest a couple of hundred dollars in a will and it will save your family the day. Contact me if you need will and estate planning services.

 

How is property gifted by spouse treated upon divorce

Category : Estate Planning

Released on Thursday, the Court of Appeal made this clear in decision grounds in the case of a woman who had been given shares to three properties by her husband during their 36-year marriage.

GIFTS between spouses in the course of a marriage will be treated as matrimonial assets to be totted up and split between them if they divorce.

In the case of a woman who had been given shares to three properties by her husband during their 36-year marriage.

The husband sought for all three properties to be put on the list of matrimonial assets to be divided between him and his estranged wife.

But of the three, only one – an apartment in The Riverwalk by the Singapore River that he bought with his own funds – was to be included in the list, the court has decided.

The other two in the upscale condominium of Hampton Court near the Tanglin Club are to be excluded as they were gifts the man inherited and “re-gifted” to her.

Perhaps the other important aspects for many readers to ponder are Justice Rajah’s notes

“there are many couples who hold all or most of the assets which they acquire during the marriage in just one name, without having had any serious prior discussion or agreement as to how those assets… ought to be divided in the event the marriage fails”.

With the introduction of additional stamp duty late last year, many people started to buy property under either the husband or wife’s name instead of joint name to work around the rules. While technically there is nothing wrong, many people did it without any planning.

The complications do not only rise upon divorce. If a person passed away without a will nor a plan, the family not only have to be burdened with high distribution costs and administrative delay, but may even end up going to the court due to discrepancy and arguments among the the family members and beneficiaries.

Many people have always planned for everything in life, but leave their final wishes unplanned.

How to become a millionaire by investing in properties?

3

Category : Investment Ideas, Property

Most of the time, investors focus on how to “make quick money”. The idea of “becoming next door millionaire” is all time gimmick and never fails to attract followers.

I am not surprised to read from Sunday Times article that people actually paid nearly $3,000 to attend a 2.5 day course, hoping to become a property guru overnight.

While I do not know how many of them have succeeded, it certainly made the organizer millionaire! According to the newspaper article “To go or not to go for property investment talks”, it says “300 people paying about $3,000 each”. That is eye dropping $900,000 course fee!

It seems that “Sometimes, you need to spend some money to learn” is the mentality of the people who joint the seminars but ”do my own research with the software” is what the students have learnt.

Worse still, according to the article, “an agent accused an organiser of giving the course participants a 5 per cent discount off a property when she received 12 per cent bulk discount from the developer”, “a check with the Council for Estate Agency (CEA) shows that investigations are ongoing for some of these seminars”.

I’ve attended some sort of investment seminars or previews, mostly are FREE or at nominal cost with various topics such as stocks, futures, forex and properties. What I noticed is that many participants are eager to get “tips” from the speakers instead of developing or improving their skills.

For example, in the recent Invest Wisely in 2012 with Dr Alexander Elder, some of the audiences were just interested in getting a yes or no answer of whether certain stocks were good buys, paying no attention to Dr Elder’s repeated key message, “the process of thinking”.

That is why seminars with “system” or “proprietary software” are so sellable and people are willingly paying big bucks for them.

This is really unfortunate!

If I tell you that I have spent $3,000 for a two day course, with the help of a computer program, I now have winning strategies to make millions of dollars in the shortest time, now please invest all your money with me! You must think I am insane.

However, you may believe that after spending $3,000 for a two day course, with a help of a computer program, you will become the next millionaire!

Learning is a process, and success comes from hard work.

Singapore Government Introduced Additional Stamp Duty to Curb Property Price

Category : Property

The government has introduced additional buyer’s stamp duty for private residential properties.

With effect from today, foreigners and corporate entities purchasing private residential properties in Singapore would have to pay an extra 10% in the form of additional buyer’s stamp duty.

Permanent residents buying their second or subsequent homes and Singaporeans buying their third residential property or more in the local market would have to pay extra 3%.

Below are the new stamp duty rates and its impact on buyers (compiled by Straits Times)

 

New Private Home Sales Dive – Still a Healthy Market?

Category : Property

“New Private Home Sales Dive”, that is today’s news headline. “The number of units sold last month slowing 25 per cent to 1,182 units from the 1,575 units sold in May – which was down from 1,805 in April.”

However, this should not surpise you at all. Since Jan 2011, the government has implemented policies to curb property speculation. When Khaw Boon Wan started to blog his “concerns” of property market, it is already a clear signal that the property speculation is going to face strong head wind.

I have posted the chart below in my previous post “Is private property investment safe? high yield? inflation hedged?” It is clear that the private property price has surpassed pre-crisis level. What worries me is that there are an increasing number of my clients talking about investing private property, this includes a group of “conservative” investors, who used to only put their money in bank savings or fixed deposits.

Obviously, one of the key reasons, in my opinion is, as stated in the news article, “Experts say despite the latest fall, the numbers still represent a healthy market”.

Have you ever heard these “experts” told you to stay away from property investments at all? When the property price rises, they will picture the once in a life time booming market which you cannot miss. When the property price falls, you will be advised to hunt the bargains.When they really cannot give you any reason to invest in private properties like now, they will tell you to pay attention to the commercial properties.

In my article how information overload leads to bad investment decisions, I highlighted that people tend to “switch off” and leave the decision to “experts”. Property investment is as risky and complicated as stock investment. However, many investors spend less time in valuing and assessing the properties than evaluating if they should buy an iPhone or Android phone, even though the properties cost them millions.

Right investment decision is nothing but common sense; but most of the time, people choose what they want to hear, that’s why investment is so difficult. Look at the chart below again.

 

STI vs PPI vs HDB (source: www.singaporerealestate.info)

The DBSS Saga

Category : Property

Last week, I’ve highlighted to the investors that when Khaw Boon Wan blogs, it’s going to be official. It seems that controlling property prices has become a definite priority of the government.

Just two days ago, after a public uproar over the $880,000 price tag for its largest units, Centrale 8′s developer has reduced the prices of its Design, Build and Sell Scheme flats (DBSS). The most expensive five-room flat is now S$778,000. Due to public woes? hmm…

To response the DBSS saga, Mr Khaw Boon Wah said in his blog, “DBSS Is Not HDB

“If buyers find a price too high, they can walk away.

“On my part, I am ramping up more BTO launches and pricing them appropriately.  I am currently preparing the next BTO launch.

“I am launching 25,000 units this year. 12,000 units have already been launched.  Another 13,000 units will be launched this year, averaging 1,800 units per month.

What is Design, Build & Sell Scheme (DBSS)?

On 07 March 2005, then Minister for National Development, Mr Mah Bow Tan announced several new policies in Parliament to make the HDB experience a pleasant, memorable and rewarding one for all HDB residents.

Under DBSS, the developer tenders for the land and enjoys flexibility in designing, pricing and selling the flats subject to the relevant legislation and rules to preserve the character of public housing and ensure building quality and safety.

Flats sold under DBSS come with a 99-year lease and will be offered to buyers under similar HDB eligibility conditions like flats developed by HDB. Upon completion of the building, the developer will hand over the entire development site to HDB for lease administration, and to the Town Council for maintenance of the common areas and car parks.

Since 2005, HDB has launched the sale of land for 12 DBSS sites.

No badges for the government now

For the past few years, despite the rapid increase of HDB Prices, refer the chart here. The government was always shy on commenting the past policies in a negative way.

However, in Tin Pei Ling views on DBSS saga, which is published in Straits Times , she suggested

“Perhaps it should either let HDB take back the right to price DBSS units, or include a clause to compel price negotiations between HDB and the private developers

Just think about why such a young  member’s view can become the headline in Straits Times.

Is private property investment safe? high yield? inflation hedged?

Category : Property

When I first started this blog, I wanted to focus on financial products. However, it becomes increasingly frustrating to me how poorly people misunderstand property investment.

Many investors I talked to, treat property as “safe, high yield” investment.They borrow to their neck and struggle for the mortgage payment for their second or third properties, while the same group of people treat stock or even bond investments as “highly volatile, losing money” business.

Many failed to understand

  • The leverage effect of property investment applies not only upside but also downside
  • The interest rate impact to their investments
  • The un-leveraged yield of private property investment is poorer than many stocks
  • The property investment itself is as volatile as stock investment.

Take a look at the chart below. PPI refers to Private Property Index, where STI refers to Straits Times Index. It is not hard to see that the private property market moves inline with stock market in Singapore. To be more precise, stock market is a leading indicator for property market, which means property price movement is typically a few month lagging the stock market.

STI vs PPI vs HDB (source: www.singaporerealestate.info)

I hope this blog entry and recent comment about property market by new minister of Ministry of National Development Khaw Boon Wan serve as a wake up call for many property investors. During financial crisis, many property owners learn the truth in a hard way. But why the misunderstanding of private property investment is still so prevalent, just like those Gold Bugs. I will discuss this in greater details in the future.

Khaw Boon Wan’s worries about the property buyers

Category : Property

Last week, new minister of Ministry of National Development, Mr Khaw Boon Wan, wrote a blog entry, “my worries“. He expressed deep concern for property speculators. He says:

I must keep an eye on the medium term for possible pitfalls. Sharp property price increases cannot go on forever. Gravity cannot be wished away. We have always recognised that unsustainable, rapid price increase brings with it enormous risks and that got us to act earlier on. While sharp rises are painful, sharp declines are just as disastrous. Those who borrow to go into properties thinking that prices will continue to rise, will be thrown into financial hardship should prices drop and banks start calling. The world witnessed this barely 2 years ago when the US property market crashed and we all suffered from it.

He cited a few major factors to consider:

  1. 35,000 private units (condos and landed properties) have already been sold, though still in construction, with payments in various stages of completion. But there are 45,000 units in the pipeline, waiting to be built and sold.
  2. URA will inject another 8,000 private residential units into the market. Together with committed investments, some 53,000 units will be looking for buyers over the next couple of years or so. That is not a trivial number.
  3. The external situation is not exactly bullish. Europe sovereign debt will take a long time to clear. The Middle East crisis can still go ugly. In the event of any external shock, both foreign demand and rental demand can fall quite quickly. The impact can be serious if the drop in demand happens at a time when there is a substantial increase in supply.
  4. Low interest rates will not remain so forever. Cost of borrowing and repayment must go up and households must factor this in.

A market correction or any crash is not a given. … But no one is immune to mishaps. With so much uncertainties, I must advise investors and upgraders to bear these considerations in mind when they go to show rooms and contemplate if they should sign up.
What seems rosy today may turn out to be thorny, if we are not careful.

My View? When Khaw Boon Wan blogs, it’s going to be official.

Singapore curbs Property Speculation, Again

Category : Property

Singapore raise down payment requirements for second mortgages and extend the period homeowners must hold properties to avoid a sales tax as it steps up efforts to curb speculation after prices rose to a record.

Individuals with more than one mortgage can only borrow up to 60% of a property’s value, down from 70%.

On loans to entities other than individuals it will be reduced to 50% from 60%.

Sellers will now have to pay a stamp duty for all homes and land sold within four years of purchase, from three years.