Overview
What is a Will?
A will is a legal document that lets you decide what happens to your money, property and belongings after your death. Your will lets you say:
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how your assets will be distributed to the people you choose
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who you want to look after your children or dependants
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who you want to carry out your will
Not everything that you possess can be distributed by way of a will (e.g. property under joint tenancy). You are advised to get legal advice to be completely sure of the assets you can distribute through your will. Do note that CPF savings are excluded from your estate and therefore cannot be covered by a will. You will need to make a CPF nomination if you want to distribute your CPF savings according to your wishes.
Will Writing
Why should I write a will?
Writing a will is a crucial step in ensuring that your assets are distributed according to your wishes after you pass away. In Singapore, a valid will not only specifies who inherits your property, but also clarifies guardianship arrangements for minor children and appoints an executor to administer your estate. Without a properly executed will, your estate will be distributed according to the Intestate Succession Act, potentially leaving your loved ones without the provisions you intended.
How to write a Will
Your will should generally include:
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a list of all your assets ('Schedule of Assets');
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the people whom you want to benefit from your will ('Beneficiary');
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what and how much each beneficiary should receive from your estate;
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who should look after any children under 21 years of age ('Testamentary Guardian');
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who is going to manage your estate and carry out your wishes after your death ('Executor');
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a line to revoke any previous wills and codicils ('Revocation Clause');
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a line to state how you want to distribute any remainder of your estate ('Residuary Clause'); and
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what happens if your beneficiaries pass away before you
What Constitute a Valid Will?
A valid will is one that is created according to formal legal requirements.
The requirements for a valid will in Singapore are:
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The will must be committed to writing and in hardcopy ( i.e. printed out or handwritten on a paper document). (Important Notes: the First Schedule of the Electronic Transactions Act 2010, excluded matters includes the creation or execution of a will.)
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The testator (i.e. the individual writing the will) must be at least 21 years of age and above.
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The testator must sign the will in person (in wet ink) at the at the foot or end thereof of the will.
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The testator must have voluntarily made it.
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The testator must be be of sound mind.
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At the act of the testator signing the will in 3., the act of signing by the testator must be in the presence of 2 or more witnesses who are present, and having signed off as witness concurrently at the same time.
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The witnesses must not be (i) under 21 years of age, (ii) beneficiaries, or (iii) spouses of beneficiaries. (Important Notes: Under section 10(1) of the Wills Act 1838 that any disposition in favour of a witness is utterly null and void.)
Update or change your will
You should review your will every once in a while. This is to ensure it aligns with your current situation and assets.
You may want to review your will at least every 5 years and after any major life event.
For example, if you become separated or divorced as a will is not automatically revoked upon separation or divorce, or if you have a child or grandchild, etc. However, in the case of marriage, the reverse is true – any will made before your marriage will automatically become invalid unless you had indicated in your Will that it was made in contemplation of marriage. (Important Notes: You cannot amend your will directly after it has been signed and witnessed. To change your will, you can either execute a new will or an official document to amend your will (called a codicil). It is always generally advisable to execute a new will.)
Appointing an Executor
There are legal requirements to be an executor. Your executor must:
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be 21 years of age or older
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be of sound mind
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not be bankrupt.
An executor can also be named as a beneficiary under your will, as long as they fulfil the legal requirements. When choosing the executor for your will, think about whether they are able to carry out your wishes. Before naming someone as an executor, you should discuss your intention to do so with them. This helps to ensure that they are comfortable with the responsibility.
Your executor could be:
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a family member
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a friend
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your husband, wife or partner.
You may also engage a professional executor, such as a licensed trust company or a lawyer.
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Executor’s Duties:
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Probate Application: Submit the will to the High Court’s Probate Registry for a grant of probate.
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Asset Collection: Identify, gather, and secure the deceased’s assets (bank accounts, property, investments).
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Debt Settlement: Pay debts, taxes, and funeral expenses before distributing assets.
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Distribute Assets: Disburse the remaining estate per the will’s terms.
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Final Accounting: Provide beneficiaries with a statement of receipts and disbursements.
​The executor has to account for the distribution of the deceased's estate and may be held liable for not fulfilling their duties according to the law
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Storing your Will
It is important to keep and store your will safely. Your executor will need to have the original will and any codicil or codicils to apply for a Grant of Probate, in order to administer your estate according to your will. You can keep your will at your home or store it:
in a safe box or with your lawyer.
You should tell your executor or close family members where your will is. If you decide to keep your will in a safe box, make sure that your executor knows the access code.
Make it easier for your loved ones to find your will when they need it. You can store information about your will, such as the date of the will and where your will is kept, on:
Final Notes:
A will can be valid and not enforceable. This would be very stressful for your loved ones, especially in a time of grief. Any legal challenge to the will in court will also result in legal costs.
Additionally, even if you think you only need a simple will, it is not unusual to miss out on planning for unexpected scenarios. For example, some people may not consider providing for a situation where a child loses both parents.
Although you do not need a lawyer to prepare your will, you may wish to speak to a lawyer to draft your will. A lawyer will be most familiar with existing laws and other considerations that could affect your will. They can advise you on what should be included in your will based on your circumstances. They can also spot and resolve potential issues in your draft will.
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Lawyers are governed by the Law Society and must observe certain careful rules when drafting a Will. For example, a trained lawyer will determine if the instructions received are indeed from the client and are given without duress. Further, a lawyer is covered by insurance. Professional advice from a trained lawyer will thus help you devise the necessary content to include in a will, preventing unnecessary losses, conflicts or confusion in the long run.
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If you require assistance in drafting your will, you may enquire our services to get in touch with a lawfirm.
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