Creating a will is a crucial step in ensuring that your assets are distributed according to your wishes. In Singapore, the process of making a will is governed by the Wills Act, which provides guidelines for how a testator (the person making the will) can distribute their estate. Here, we cover key points about will writing in Singapore. Please note that this article is for general informational purposes; for advice specific to your situation, consult a qualified wills lawyer.
Requirements for a Valid Will
To create a legally valid will in Singapore, certain criteria must be met:
- The Will Must Be in Writing: A will must be documented in writing to be valid.
- Mental Capacity: Under Singapore law, the testator must be of sound mind when making their will. This means they understand the nature and effect of making a will, know the extent of their assets, and comprehend the claims of those who might expect to benefit.
- Free From Undue Influence: The will should be made voluntarily without any coercion or undue influence from others. If it is found that the testator was pressured into making the will, it can be declared invalid.
- Minimum Age Requirement: The testator must be at least 21 years old.
- Signature of the Testator: The testator must sign the will at the bottom to indicate their approval of its contents.
- Witness Signatures: Two witnesses must be present at the time of signing. Both witnesses must sign the will in the presence of the testator and each other.
- Witnesses Cannot Be Beneficiaries: The two witnesses should not be beneficiaries of the will.
Key Clauses to Include in a Will
When drafting a will, it is essential to incorporate the following clauses:
- Personal Information: Include your full name, identification details, and contact information.
- Revocation Clause: State that the new will revokes all previous wills and codicils.
- Marital Status: Clarify your current marital status.
- Appointment of Executors: Name one or more executors who will be responsible for administering your estate. An executor may also be a beneficiary.
- Guardianship of Minor Children: Appoint up to two guardians for any minor children.
- Beneficiary Details: Specify the names of the beneficiaries and what each will receive.
- Distribution of Assets: Clearly outline the percentage of assets each beneficiary will inherit.
- Residuary Clause: Include a clause stating how any remaining assets should be distributed.
Handling Central Provident Fund (CPF) Monies
It is important to note that CPF monies are not covered by a will. To allocate your CPF savings, you must nominate beneficiaries directly through the CPF Board. Each nominee will receive a portion of your CPF funds as per your instructions. If no nomination is made, the CPF funds will be transferred to the Public Trustee’s Office and distributed to your next of kin.
What to Do After Preparing a Will
After drafting your will, keep it in a secure place and inform your executor and family members about its location. You may wish to leave your will with a lawyer, in a safe deposit box, or with a trusted person. It is also worth highlighting the option to register your will with the Wills Registry in Singapore. Please note that the registration itself doesn’t make the will valid, but it does ensure that its easier to locate after the death of the testator.
The Impact of Marriage and Divorce on a Will
When you get married, any existing will is automatically voided unless the will explicitly states that it was made in contemplation of marriage. Conversely, a will made before a divorce remains valid after the divorce. Therefore, it’s advisable to review and, if necessary, update your will to reflect any changes in your personal circumstances.
What happens if I need to amend a Will?
It is important to review your Will regularly and update where appropriate. For simple changes you will need to update by executing a codicil. A codicil is a legal document that modifies, adds to, or revokes all or part of an existing will. It must meet the same requirements as a will in terms of signatures and witnesses.
For more significant changes it would be appropriate to create a brand new will. Your new will should explain that it revokes (officially cancels) all previous wills and codicils. You should destroy your old will by disposing it or tearing it up.
Assets not covered by a Will
If you have a property that is held as “joint tenants” these do not fall under the wills purview. Upon the testator’s death, such properties automatically pass to the surviving joint tenant, irrespective of the will’s provisions. Insurance policies, particularly life insurance policies will have designated beneficiaries. These policies are not covered by the will unless the estate is named as the beneficiary.
Can I exclude specific individuals in my Will?
There is the option to explicitly state if any individuals are to be excluded form benefitting from the estate and the reasoning for doing so, if you feel this is necessary. This can help prevent disputes or claims under the Inheritance (Family Provision) Act, where certain family members may claim reasonable provision from the estate if they feel unfairly left out.
How should I handle digital assets?
Lots of people now have digital assets such as online accounts, cryptocurrencies, digital photos etc and you may wish to state how they should be handled after your passing. Its important to consider adding specific instructions on how someone may access and manage such assets.
Professional Will Writing Services
Although hiring a lawyer is not mandatory, it is often beneficial to engage a reputable wills lawyer to draft your will. Lawyers are bound by the regulations of the Law Society and are required to follow strict protocols to ensure that the will is made voluntarily and without undue influence. Additionally, a lawyer’s professional advice can help you include all necessary provisions, thereby minimising the risk of disputes or misunderstandings after your death.
We have over 30 years of experience in estate planning. Our team works closely with clients to create personalised estate plans that meet their unique needs. Our services include drafting wills, creating trusts, preparing Lasting Power of Attorney (LPA) documents, and handling CPF nominations.
We are consistently recognised as one of the leading law firms in Singapore by prestigious publications such as the Straits Times, Benchmark Litigation, Asian Legal Business, Singapore Business Review, and Doyle’s Guide. With over 130 dedicated professionals and a long-standing history of excellence, our firm is well-equipped to handle all your estate planning needs.