Wills are an inevitable process of one’s life and serve as your final message and intentions in life. To avoid any unnecessary problems or contestation, it is important to complete your will with propriety. In the first article, we covered what one should include in a will and what happens when you pass away. You can access the article here. Meanwhile, this second article will detail the importance of having a will, and how exactly issues can manifest with wills.

Why Is It Important to Have a Will?

A Will allows you to decide how your assets are to be distributed after your death. Without a Will, you lose control over how your estate is dealt with, and the law will determine who inherits your assets.

Having a Will allows you to:

  • Decide who receives your assets and in what proportions
  • Appoint trusted persons to administer your estate
  • Make provision for children, dependents, or vulnerable family members
  • Reduce the risk of disputes among family members
  • Minimise uncertainty, delays, and unnecessary legal costs

In many cases, intestacy can lead to unintended outcomes, particularly in blended families or where certain dependents require special consideration.

Illegitimate Children and Intestacy Considerations

Modern family arrangements can be complex, and intestacy laws do not always align with what a parent may have intended.

Under the Legitimacy Act 1934, the term “child” generally refers to a legitimate child and includes a child who has been legally adopted under an order of court. Children born out of wedlock are treated differently under the statutory intestacy framework.

Section 10(1) of the Legitimacy Act 1934 provides that where a mother of an illegitimate child passes away without a will, the illegitimate child may only inherit if the mother does not leave any legitimate children surviving her.

In practical terms, where a mother passes away intestate and leaves behind legitimate children, an illegitimate child may be excluded from inheritance, even if the child was financially dependent on her or lived under her care. This may not reflect the parent’s intentions.

A properly drafted will allows a person to provide clearly for all children and avoid unintended outcomes under intestacy laws.

Example: Illegitimate Children and Intestacy – Lim Weipin and another v Lim Boh Chuan and others

In Lim Weipin and another v Lim Boh Chuan and others [2010] SGHC 99, the court considered the distribution of a deceased mother’s estate where no will had been made and there were both legitimate and illegitimate children.

The illegitimate children argued that they should be entitled to inherit from their mother’s estate. However, the court examined section 10 of the Legitimacy Act and held that an illegitimate child may only inherit on intestacy where the mother does not leave any legitimate children surviving her.

As the deceased had legitimate children, the illegitimate children were not entitled to inherit under the intestacy laws. The case illustrates how intestacy rules can lead to outcomes that may not reflect a parent’s intentions, and why making a will is important to provide clearly for all children.

Scenarios Where Wills Have Been Challenged

A Will may appear valid on its face, but issues often only surface after the testator has passed away. By then, it is usually too late to correct any defects. Singapore courts have seen Wills challenged where concerns arose over mental capacity, undue influence, or vulnerability at the time of execution.

Mental Capacity and Vulnerability

In some cases, disputes arose over whether the testator truly had the mental capacity to make a Will at the time it was signed. Courts have examined situations where elderly individuals executed Wills while suffering from cognitive impairment or dementia.

Even where a Will was formally executed, the court assessed whether the testator genuinely understood the nature of the Will, the extent of their assets, and who ought reasonably to benefit from their estate. Where these elements were not established, the Will was set aside due to unsoundness of mind.

This underscores the importance of ensuring that mental capacity is properly assessed and documented, especially for elderly or medically vulnerable persons.

Example: Cognitive Decline and Vulnerability – XBP v XBO [2025] SGHC(A) 15

In XBP v XBO [2025] SGHC(A) 15, the court examined a Will made by an elderly testator who had been experiencing progressive memory problems and cognitive decline for several years before his death. Medical records showed that he had complained of deteriorating memory, had been diagnosed with minimal cognitive impairment and amnestic disorder, and later displayed signs consistent with Alzheimer’s disease, including episodes where he could not remember why he had called for emergency assistance.

As his condition worsened, the testator became increasingly physically frail and dependent on others. The court considered this medical history when assessing whether he was in a vulnerable position at the time the Will was made. Ultimately, the court found that the Will did not reflect the testator’s free and independent intentions and set it aside.

Undue Influence and Family Pressure

Wills have also been challenged where beneficiaries were deeply involved in the preparation or execution of the Will, particularly where the testator was elderly, isolated, or dependent on the beneficiary.

In such cases, courts scrutinised whether the Will reflected the free and voluntary intentions of the testator. Even where a solicitor or medical professional was involved, the court examined the surrounding circumstances. Where undue influence was established, the Will would be invalidated.

These cases highlight why independent legal advice and safeguards are critical, especially where one beneficiary stands to benefit significantly.

Why These Issues Cannot Be Fixed Later

Once a testator passes away, issues such as lack of mental capacity or undue influence cannot be remedied at the Grant of Probate stage. The court can only assess the evidence retrospectively, often based on conflicting accounts from family members.

Early and properly advised will-making helps reduce the risk of disputes, preserves the testator’s true intentions, and protects beneficiaries from costly and emotionally draining litigation.

Aligning a Will with a Lasting Power of Attorney (LPA)

For comprehensive planning, it may be helpful to prepare a Will alongside a Lasting Power of Attorney (“LPA”).

Where appropriate, appointing the same trusted individuals as donees under the LPA and as executors under the Will can provide continuity in financial decision-making during a person’s lifetime and after death. This alignment can simplify administration and reduce confusion for family members.

Conclusion

Making a Will is not merely a legal formality. It is a practical and responsible step that ensures your wishes are respected and your loved ones are protected. By complying with the requirements of the Wills Act 1838, you retain control over how your estate is distributed, instead of leaving matters to the default provisions of the Intestate Succession Act 1967.

If you are considering 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.

FAQ on Making a Proper Will in Singapore

Why is it important to have a will?

A Will allows you to decide how your assets are to be distributed after your death. It is a practical and responsible step that ensures your wishes are respected and your loved ones are protected.

Without a Will, you lose control over how your estate is dealt with, and the law will determine who inherits your assets by the Intestate Succession Act 1967. In many cases, intestacy can lead to unintended outcomes, particularly in blended families or where certain dependents such as legitimate children require special consideration.

A Will may be challenged or set aside in Singapore where concerns arise about the testator’s mental capacity, vulnerability, or exposure to undue influence at the time it was made. If the Will is found not to reflect the testator’s free and independent intentions, it may be invalidated.

Preparing a Will together with an LPA ensures continuity in decision-making during your lifetime and after death. Appointing the same trusted individuals can streamline administration and reduce confusion for family members.

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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