Protecting Yourself from Property Disputes – Insights from CNA’s Money Talks with Yuen Law’s Lim Fung Peen 

Each year, an average of ten families in Singapore find themselves involved in property disputes, with at least 130 such cases reported in the past decade.

How Property Disputes Arise

In a recent episode on Money Talks on CNA, Lim Fung Peen, Director and Head of the Private Wealth and Family Practice at Yuen Law, shared his perspective on this growing concern. Drawing on decades of experience in advising clients on family and legacy matters, he noted that such disputes often arise between co-owners, most commonly siblings or parent-child pairs, when one party wants to sell a jointly owned property, while the other wants to retain it. In such instances, an application for forced sale may be filed, seeking the Court’s intervention to resolve the deadlock.

A common thread of many familial disputes stems from “a lack of planning,” Fung Peen explained. One common scenario involves parents including an adult child in a property purchase for financing, without considering how that may affect the child’s ability to buy their own home in the future, such as applying for a Built To Order (BTO) flat. These arrangements, while well-intentioned, can have lasting implications.

The Legal Process of a Forced Property Sale

Fung Peen also shared that these disputes can be challenging to resolve, as every individual have different expectations, financial goals, and emotional investment. While lawyers strive for amicable outcomes, they must ultimately respect the client’s decisions, even if it means proceeding with litigation.

The process typically begins with legal consultation and private negotiation. If a settlement cannot be reached, the parties are referred for court mediation. Only when those efforts fail will the case be escalated to the High Court.

The Pitfalls of Co-Ownership without Proper Legacy Planning

Fung Peen highlighted the importance of long-term estate planning. Many Singaporeans choose to rely on minimalistic wills, without fully considering that beneficiaries’ needs or personal circumstances may evolve over time. Such limited planning can give rise to unintended entitlements and obligations, may become points of contention when families later attempt to vary or unwind these arrangements.

To hear the full conversation and gain deeper insights into family property law in Singapore, listen to the full podcast.