The Role of Audio Transcription in Singapore Disputes: Inheritance

Legacy 

1) a gift by will, esp of money or personal property;

2) something handed down or received from an ancestor or predecessor.

[extracted from www.dictionary.com]

Inheritance disputes of the rich and famous is a popular theme of many soap dramas and provides much fodder for entertaining discussions over dinners and drinks. It is less than funny when it comes knocking at your own doorstep.

Death, when it comes close to any family, is a time of grief, retrospection and a mixed cocktail of feelings and emotions for different people who knew the deceased or soon-to-be-deceased. What is already a challenging time can be muddied even further by inheritance disputes, disturbing the harmony between the family members and people involved.   

This article, the fourth instalment in a series examining the role of audio transcription in Singaporean legal disputes, shifts focus to the intricate and often emotionally charged domain of inheritance.  Inheritance disputes, frequently rooted in deep-seated family dynamics and complex legal frameworks, often hinge on informal verbal agreements, expressions of intent or challenges to a testator's mental capacity. (Note: a testator is the person making the will.)

In these scenarios, accurate audio recordings, meticulously transcribed by transcription professionals, become vital tools for legal professionals and affected parties, providing clarity, substantiating claims, and guiding court decisions. The fundamental value of professional audio transcription lies in safeguarding the integrity of human communication in situations where words carry legal weight.

Common Causes of Disputes

Inheritance disputes arise when disagreements emerge among family members or designated beneficiaries concerning the distribution of the estate of one who has passed away. These conflicts are frequently emotionally charged, with the potential to strain familial relationships for many years. The legal battles that ensue can be fundamentally distressing experiences for families facing such disputes.

Several factors commonly contribute to inheritance disputes:

• Ambiguity in the Will: A will that is poorly drafted, contains vague language, or lacks specificity can lead to differing interpretations among beneficiaries, inevitably causing disagreements. Such ambiguities can leave beneficiaries uncertain about the deceased's true intentions, leading to conflict.  

  
  

• Unequal Distribution of Assets: Disputes often ignite when one or more family members perceive they have received a disproportionately smaller share of the inheritance, or are entirely disinherited. This prompts challenges based on perceived unfairness or specific legal grounds. Another scenario involves family members being cut out of a will entirely.  

  
  

• Undue Influence: Suspicions and allegations that the deceased was coerced, manipulated or pressured into making specific decisions regarding their will, thereby compromising their free will, are a common basis for dispute.

  
  

• Lack of Mental Capacity: Claims that the testator (the person making the will) did not possess the requisite sound mind, memory and understanding to create a valid will at the time of its execution are frequently raised.

• Disagreement over Joint Accounts/Property: Conflicts can arise concerning the principle of survivorship in assets held in joint tenancy. The key contention often revolves around whether the deceased joint owner truly intended for the surviving joint owner to inherit the entire share upon their death.

  
  

• Disagreement over Inherited Property: Even when all beneficiaries are keen to sell an inherited property, disputes can emerge over the preferred manner or price at which to sell it. A prominent example in Singapore is the dispute among the children of Singapore's founding father, Lee Kuan Yew, regarding whether to demolish the family home at 38 Oxley Road.  

  
  

• Family Dynamics and Unforeseen Circumstances: Pre-existing familial tensions, rivalries, or significant life changes such as divorce, remarriage, step-children, affair partners and children born outside of marriage, bogus marriages, unexpected gifts to people outside the family – all of these situations can significantly exacerbate and complicate inheritance matters.

  
  

• Business Interest and Succession Woes: Some of these inheritance disputes involve a family business that many of the family members either work in or own shares in. This adds another layer of complexity to the mix.  

Quarrels about money matters can occur in all families, not just in high-profile families. We hear more about the disputes in wealthy families simply because they are more well-known and also have the means to engage in long-term legal battles.

The human element sits at the centre of inheritance matters—psychological states, family relationships, and emotional vulnerabilities. Audio evidence of interactions between the involved parties serve as an unfiltered look into the testator's true wishes.

The Rise of Digital Communication as Evidence

The increasing prevalence of digital communication, particularly voice notes sent via platforms like WhatsApp or WeChat, means a growing demand for transcribing these often shorter audio clips as legal evidence. These seemingly brief snippets can contain critical expressions of intent, agreements or disputes, underscoring the evolving nature of admissible evidence.  

There is also a growing trend where individuals or their legal representatives are proactively capturing conversations that may become legally relevant in the future. This transforms the nature of evidence from purely historical documents to "real-time" captures of human interaction and intent.  

Recordings can also be made during discussions to mediate and settle the points of conflict between the parties. It is a quick and simple way of taking notes of what took place during such interactions.  

The Indispensable Role of Professional Transcription and Translation

For audio recordings to serve their purpose in court, they must be accurately transcribed. A professional translation agency like Wei.Trans.Create understands the unique demands of legal documentation in Singapore. With years of experience in legal translation and transcription for the Singapore courts, Wei.Trans.Create ensures that every word, repetition and nuance is precisely captured, preserving the integrity of the evidence. This meticulous attention to detail is crucial for lawyers, judges and all parties involved to understand the full context of the spoken word, enabling them to make informed decisions.

Audio recordings in inheritance cases may include emotionally fraught conversations. People may shout or talk over one another. Sometimes, people are seated at different distances from the recording device; or some of them may simply have a habit of speaking softly. Or some of the testators These situations present challenges during transcription and translation, as words are not articulated clearly enough to be transcribed without a doubt as to their meaning. A role of a professional transcriber-translator includes patient re-listening of audio files with the aim of identifying and separating the different voices of the parties captured in the recordings.

The Rojak in Singapore’s Audio Transcription Projects

In Singapore's multilingual and multicultural environment, conversations at home, in offices, and in various other settings rarely occur in purely monolingual forms. The common languages translated and transcribed in Singapore include English, Singlish, Mandarin, Cantonese, Teochew, Hokkien, Malay, and Indonesian. Furthermore, when individuals are highly emotional, their speech can become incoherent and messy. The role of a transcriber-translator is to act as a neutral party, accurately converting what was said from an audio format onto paper.

Understanding the Legality and Illegality of Recordings

A common question regarding such recordings is whether they are illegal in Singapore and their admissibility in the Singapore courts.

To understand when and under what circumstance your audio recording can be admissible in the Singapore courts, you will need to consult with an experienced lawyer on this.

Plan Ahead for Your Family’s Future

Finally, we just want to say that it is always good to do your planning early rather than later. Get your foundation right so that people you love and care for has less to worry about when the eventual day of your passing arrives.

Furnish yourself with the knowledge beforehand. You can check out this general guide on what to do in the event of death from government website My Legacy @ LifeSG. You may also like to consult with a professional will writer to discuss how to legally ensure that your wishes and care for your loved ones can be carried out.

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We hope that you have enjoyed reading about the role of audio transcription and translation for inheritance disputes in Singapore.

Stay tuned for our next article, where we will explore the role of audio transcription in cases involving harassment.