Holiday in Japan

Yes, I have been away from work and my blog. The family spent some time in Japan last week. It was a great holiday. Tokyo is awesome. The crowds in the street are amazing when you compare Perth WA.

I took a 6 day tour organised from Singapore. I actually met a couple of guys who were from my secondary school, Gan Eng Seng Secondary School. It was uncanny. Here's to Choy and Loo. It was great meeting up and talking about our alma mater.

I also met a couple of business prospects in Japan regarding trade mark applications.

Midori was most helpful. I also enjoyed talking to Mr Yajima and Mr Yuhara. They are the typical Japanese mid level management staff. Their outlook on Japanese life was most interesting.

Pictures of Midori, Mr Yajima and Mr Yuhara are here.

It was good discussing the different aspects of life experienced by the Japanese as compared to Australians.

What was most amazing was the food that you can taste in Japan. Each train stop usually leads to a Japanese supermarket which has several levels of food stalls which are frequented by commuters. These commuters logically do not have time to cook a meal and hence resort to takeaways. The only thing is that their takeaways are art compared to ours. Have a look at the picture and video of a typical stall.

The history and culture of the Japanese can only be rivaled by the Chinese. There are temples which are 2000 years old.

The gardens are the most impressive I have seen in my travels. I have added some pictures of the gardens as they are so beautiful.

However having said all that, it was good to return to Australia which is my home. There is nothing like the warmth of your own bed.

So until my next break, here's back to work.

Advice on Will

Advice on Wills


Have a look at my video blog re some questions regarding the preparation of wills.

A will is important at any time of your life. It ensures that your wishes regarding the distribution of your estate is carried out peacefully. It will stop family members from fighting if done properly. Have a listen and call me for an appointment if you want to know more about protecting your interest.

Article in Perth Woman Magazine

Have you ever felt apprehensive about making an appointment to see a lawyer?

You should not feel that way as the lawyer is there to protect your interest and save you money.

Please read the article in Perth Woman as it deals with the preparation that will help in saving you money when you see a lawyer for advice.

Old friends and clients going through separation

I had coffee with an old client and friend today. With a sadness in his eyes, he told me he was separating from his wife after years of marriage.

It is sad that in Australia, a high percentage of marriages end up in divorce.

This is from the Bureau of Statistics:

DURATION OF MARRIAGE OF DIVORCING COUPLES

In 2001, 17% of couples had divorced within the first five years of marriage, while a further 26% had divorced in the following five-year period. The most common single interval between marriage and divorce was between five and six years (6%). In 2001 the median duration of marriage to divorce was 12 years, up from 10 years in 1981.

I suppose you can only say that it may be in their best interest so that they can move on with their respective lives.

I suggest going through the following checklist if you are going through a separation:

1. Discuss with your spouse, if possible, what is to happen with your children.

2. Prepare a list of assets and liabilities so that when you see your lawyer, you have all the required information.

3. Obtain as many documents as possible to evidence your assets and liabilities.

4. Instruct a lawyer immediately to prepare a will. This is crucial to cover any eventualities prior to finalising your property issues.

5. Inform your superannuation trustee your updated wishes regarding your superannuation fund.

6. Speak to a lawyer asap so that they can advise you on your legal rights.


They may be basic steps but they could make the difference between a clean settlement and a messy one.

WHEN YOUR KID BEATS YOU AT SPORT

Today, the 26 Feb 2008 I was finally beaten by one of my boys at sports.

A father brings up his child knowing one day , that child will hopefully excel the father in all the father has done. Especially in sports, the father of the child first teaches the child for eg. to swim as a baby. Then the baby grows up and suddenly one day the baby becomes a young boy. The young boy today beat his old man at swimming.

The boy who beat me today was my youngest son Tyzton. He was never easy to teach. Always argumentative and temperamental. Being 2 years younger than his older brother, he was always trying to catch up on motor and sporting skills and comparing himself to Jazton his older brother.

It was a hot day today. When I came back from the office Tyzton kept bugging me to bring him swimming.

I was too lazy as it had been a long day. However Tyzton as always was persistent, which is one trait I always loved about him although it was always a test as to who could wear whom down.

He told me he would swim 10 laps with me?

10 laps? why, in all the times he went to the pool with me, he just wanted to fool around. I have seen him swim a lap at most but it was always after great persuasion.

I decided to humour Tyzton and bring him to the pool. I told him, if he decided after 1 lap that he did not want to swim any more, I would be disappointed.

So there we were, at the Wesley School pool.

At 9 yrs of age, he is a slight figure but muscular for his age. We jumped into the cool water after the hot day.

It was refreshing. I decided to use flippers as I am not a great swimmer. I did 2 laps freestyle and was surprised to see him finishing the laps behind me. And that was without him using flippers.

So I took out my flippers and told him we would swim a lap using breast stroke. We set off and guess what, he kept up with me. I had never seen him swim that well before.

I told Tyzton we would do a lap of free style. It was a real awakening. The moment when you realise your child has grown and learned all you have taught him. The moment you realise that not only has your child learned what he has been taught, he is now doing better than his teacher and father.

He beat me fair and square. And try as I may the next 7 laps, I could not beat him.

The feeling of pride in my youngest son was just so difficult to measure.

As I said earlier, I love sports. I have taught my 2 boys badminton, golf, swimming, tennis, cycling and anything sporty.

Today, I was beaten by my youngest son at swimming. It was a proud moment for me. My son has grown up.

What has that got to do with the law? Nothing, except that perhaps one day, my sons will take over the practice and bring Tan and Tan Lawyers to even greater prominence.

To my son Tyzton, if you read this blog, you will know how proud your dad is today.

Families and wills

It's nearly the end of the weekend. I am preparing a will for a client and thought it might be a good subject for the next blog.

Families and Wills

A husband and wife came to see me last week to make a will. They
were from Asia and had 1 son and 1 daughter. They wanted to leave all their properties to their son. They were from a very traditional and old fashion family.

I tried my best to explain that in this day and age, what they were proposing sounded most unfair. I took great pain to explain to them that it was not just the issue of leaving their properties to their son. I told them they had to consider how it would affect the relationship of the son and daughter after their death.

I have seen families broken up as a result of wills that favour different children.

I have acted for a 70 year old mother who had to sue her son because her husband did not make a will and finalise his affairs before his death.

There are lots of problems that can be caused by a failure to plan.

The law also has a set formula for distributing estates where there is no will. That formula may not be how you wish your estate to be distributed.

Failure to plan is tantamount to planning to fail.

So what needs to be considered if you want to make a will.

The first point is to decide who is to be your trustee/executor.

The term is used interchangeably. The job of the trustee is to obtain a piece of document from the Supreme Court. That document is the Grant of Probate. The Grant of Probate allows the trustee to sell the properties belonging to the estate.

The trustee is then to distribute the estate according to the instructions in the will.

Whom you appoint as the trustee is a very important matter. The trustee has to be someone you trust as they control your assets. They may well sell everything and disappear to the Bahamas.

So choose a trustee that you know will not disappear with your estate.


If you have young children, it is also important to choose a guardian who will agree to look after your children until the children are adults.

After you have decided who is to manage your estate, you have to decide how you wish to distribute your estate.

Do you wish to give everything equally to your children?

When do you wish them to receive their money?

What can the trustee spend your money on while your children are still infants?

What happens if your children and spouse do not survive you. Who gets your millions?

So many questions but it is best to get help as a will is a very important document.

So till the next time, enjoy the blog.

Chinese New Year Celebrations

Gong Xi Fa Cai

That's the traditional greeting for the Chinese New Year celebrations. We are on to the 4th day of the Chinese New Year. Traditionally, the celebrations lasts for 15 days. In China, a majority of the workers return to their home villages after working away from home for the whole year. The news this year of all the China workers getting caught in bad weather conditions that have prevented them from getting transport home shows how lucky we are.

The Chinese New Year is a time for us to take stock of what we have. Lets count our family blessings and our business related blessings.

Every year, for good luck, I get lion dancers to perform at my office. Here's a picture of one of the lions this year with my boys and their friend Ethan.

The new year is a good time to consider buying a business.

For those of you who are contemplating going into business or buying a business, I have the following 10 points to consider:

1. Never sign any offers to buy any business until you have received legal advice. The lawyer should help to draft your conditions of purchase that will protect you.

2. Always ensure there is a clause to allow your accountant to check the figures. That makes sure that the business income is as represented by the seller

3. Make a list of all assets that comes with the business. If the photocopier is supposed to be included, make sure it is listed in the schedule.

4. Ensure that you have a clause to allow you to opt out if the lease terms are not favourable. There is no point in buying a business if the lease for the premises is going to expire soon.

5. Ensure that any employees that are going to continue to work with you have all their long service and other leave benefits paid out.

6. Have a clause that allows you to check the business turnover just before you purchase the business.

7. If the business is a franchise, make sure that the contract is subject to your lawyer approving the franchise terms.

8. If you are financing the purchase make sure that you update the vendors regarding the finance approval.

9. Discuss with your accountant what business structure you are going to use. This should be done before you even make any offers.

10. Ensure that you are happy with your settlement date. Will everything be ready by then?

There are many other minor details which can make your purchase a breeze. When in doubt, speak to a lawyer.

Till my next blog. See you and enjoy the rest of the Chinese New Year.