Notaries Public. Commissioners for Oaths
Many people put off making a will, often believing that it is only necessary later in life or only for those with substantial assets. This is a common misconception. A properly drafted will is an important planning tool that ensures your wishes are respected and your loved ones are protected after your passing.
In Singapore, Wills are governed by statute, and the legal consequences of not having a valid will can be significant.
This series consists of two articles. The first outlines why should you make a will, what should be included and not included in a will as well as what happens when a person passes away with a valid Will. The second explains why having a will is important and what makes a will legally valid.
Wills in Singapore are primarily governed by the Wills Act 1838. The Wills Act sets out who may make a will and the formal requirements that must be satisfied for a will to be legally valid.
Where a person passes away without a valid will, the distribution of their estate is governed instead by the Intestate Succession Act 1967. Under this Act, assets are distributed strictly according to fixed statutory proportions among surviving family members, regardless of the deceased’s personal intentions.
Understanding this legal framework highlights why making a valid will is crucial.
It is also important to note that under the Electronics Transactions Act 2010, Wills are excluded from the list of documentation that may be witnessed via video or electronically.
The Wills Act 1838 sets out several key requirements that must be satisfied for a will to be valid.
Under section 5 of the Wills Act 1838, a person must have the mental capacity to make a will. This means the person should understand:
If a will is made when a person lacks mental capacity, it may be challenged and declared invalid.
Section 6 of the Wills Act 1838 sets out strict formal requirements. A will must:
Even where a person’s intentions are clear, failure to comply with these formal requirements may render the will invalid.
Under section 7 of the Wills Act 1838, a Will is automatically revoked upon marriage, unless the will was expressly made in contemplation of that marriage.
This is a commonly overlooked issue. A Will made before marriage may cease to have effect once the person gets married, potentially resulting in intestacy if no new Will is prepared.
While online templates and DIY Wills are readily available, they often fail to comply fully with the requirements of the Wills Act 1838 or to account for individual circumstances.
Engaging a lawyer helps to ensure that:
A professionally prepared Will provides greater certainty that your wishes will be upheld.
A properly drafted Will typically includes:
An executor is the person responsible for administering the estate, including applying for a Grant of Probate, paying debts, and distributing assets.
The Will should clearly specify how assets such as property, bank accounts, investments, insurance proceeds, and personal belongings are to be distributed.
If you have minor children, your Will may specify who you wish to appoint as their legal guardian.
A Will may provide for alternative beneficiaries in case a primary beneficiary passes away before the person making the Will.
A residual clause ensures that any assets not specifically mentioned in the Will are still properly distributed, avoiding partial intestacy.
Certain assets and matters are generally not governed by a Will, including:
Where assets are held as joint tenants, the principle of right of survivorship applies. This means that upon the death of one joint owner, the asset automatically passes to the surviving joint owner(s), regardless of what is stated in the deceased’s Will. As such, these assets do not form part of the deceased’s estate and cannot be distributed under a Will.
Including unsuitable provisions may increase the risk of disputes or confusion.
The will-making process is generally straightforward. It typically involves:
For most individuals, the process can be completed within a few days to one or two weeks, depending on the complexity of the matter and the availability of appointments. If you wish to make or update a Will, you may arrange a consultation with our team via our hotline, 6553 4800. Information on our office locations are available here.
When a person passes away with a valid Will, the executor named in the Will applies to the court for a Grant of Probate. Once the grant is obtained, the executor is authorised to administer and distribute the estate in accordance with the Will.
This process is generally more straightforward than cases where no Will exists.
If a beneficiary passes away before the person who made the Will, the outcome depends on how the Will is drafted:
This highlights the importance of careful and forward-looking drafting.
If you or your loved one is contemplating matters pertaining to your Will, this article serves as a good summary guide on why you may want to consider making a will, what you should and should not include in a will as well as the due procedure that takes place after your passing with a valid Will.
Currently in the process of making a Will or reviewing an existing one? Our Wills and probate team can guide you through the process and help you put your affairs in order with clarity and peace of mind. Contact us via our hotline, 6553 4800 from 9am to 6pm on weekdays, excluding public holidays.
Yes, all witnesses must be present physically to sign the Will. Under the Electronics Transactions Act 2010, Wills are excluded from the list of documentation that may be witnessed via video or electronically.
Generally, no. A Will is automatically revoked upon marriage unless it was expressly made in contemplation of that marriage. If no new Will is made after marriage, the estate may be distributed under intestacy rules.
Yes. Under Singapore law, you are legally allowed to make your own will without engaging a lawyer, provided the will complies with the formal requirements under the Wills Act.
While it is possible to prepare your own will, many self-written or templated wills are later found to be invalid, unclear, or difficult to administer. Engaging a lawyer helps reduce these risks significantly.
Jointly owned properties which are held in joint tenancy pass automatically to the surviving owner(s) under the right of survivorship. It does not form part of the deceased’s estate and cannot be distributed according to a Will.
CPF monies are not covered by a Will in Singapore, instead they are distributed in accordance with CPF nomination rules.
Disclaimer: Statements in this article are not to be construed as legal advice and are meant for general information only. The writer and/or Hoh Law Corporation shall not be responsible or liable for any errors, mistakes, or misinterpretations of any statements found herein.
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