A will is a legal document that outlines how a testator’s estate will be managed and distributed after their death. It also appoints an executor to carry out the testator’s instructions. In Singapore, as long as a will complies with legal requirements, the courts will generally uphold it, even if some family members feel the distribution is unfair. Family members cannot contest a will solely because they are dissatisfied with its provisions.
Grounds for Contesting a Will in Singapore
Although wills are typically upheld, there are certain grounds on which they can be contested, but its also important to note that only individuals with an interest in the will or who were financially dependent on the testator can challenge it. This includes spouses, children, or other dependents. A will may be contested if it does not accurately reflect the testator’s intentions or fails to provide adequate maintenance for dependents. Below are some common grounds for contesting the Will:
(1) Invalid Will
A will is invalid if it does not comply with the formalities required under the Wills Act. To be valid, a will must:
- Be in writing.
- Be signed by the testator, who must be at least 21 years old.
- Be witnessed by at least two people who are not beneficiaries or spouses of beneficiaries. These witnesses must sign the will in the presence of the testator.
Failure to meet these requirements may render a will invalid, resulting in the estate being distributed according to intestacy laws.
(2) Fraudulent Will
A will may be contested if it was created or altered through fraud. Examples include cases where the testator was deceived into signing a document they believed to be something else, the will was forged, or alterations were made without the testator’s knowledge.
(3) Lack of Mental Capacity
A testator must have the mental capacity to understand the nature and consequences of making a will. If they were suffering from a condition such as dementia or were under the influence of drugs or alcohol at the time of making the will, it may be challenged on the grounds of unsound mind.
(4) Undue Influence
A will may be contested if it was made under undue influence, where the testator was coerced or improperly persuaded into making decisions that did not reflect their true wishes. The person contesting the will must prove, on the balance of probabilities, that undue influence was exerted on the testator.
Procedure for Contesting a Will
The process for contesting a will depends on whether a Grant of Probate has been issued:
- Before Grant of Probate: File a caveat with the Family Justice Courts to declare your interest in the estate. This prevents the grant from being issued until your challenge is resolved.
- After Grant of Probate: Contest the will within six months from the date of the Grant of Probate, unless the court grants an extension for valid reasons (e.g., discovery of a later will). Start a probate action by issuing a writ that outlines the grounds for contesting the will.
If the challenge is successful, the estate will either be redistributed according to a previous valid will or, in the absence of such a will, under the Intestate Succession Act.
Effect of Contesting a Will
If a will is successfully contested, the estate will be distributed according to the Intestate Succession Act or any earlier valid will. However, if the court determines that the will does not adequately provide for dependents, it may order a lump sum or periodic maintenance payment to be made to them.
Dependents under Singapore law include:
- A spouse.
- An unmarried daughter who cannot maintain herself due to a disability.
- An infant son.
- A son who cannot maintain himself due to a disability.
Applications for maintenance must be made within six months after the Grant of Probate is issued. This may be a less stressful and costly alternative to contesting the will.
We can assist you in contesting a Will
Our team of experienced lawyers specialises in contested wills and can help determine your eligibility to challenge a will, understand your rights and options, and provide representation throughout the process. We also offer expert guidance on estate planning, will drafting, and ensuring adequate provision for your dependents.