Will writing is the process of creating a legal document, known as a will, that outlines an individual’s wishes for the distribution of their assets and liabilities after their death. In Singapore, a will allows you to decide what happens to your money, property, and belongings, and who will look after any children or dependants.
Why Write a Will?
Having a will ensures your assets are distributed exactly according to your preferences, rather than being determined by default legal provisions. Without a valid will, a person is said to have died “intestate”. In such cases, the distribution of assets follows the Intestate Succession Act, which dictates who receives what from the deceased’s estate. Thus, having a will helps mitigate potential legal battles and disputes among surviving family members over inheritance, ensuring peace of mind for your loved ones during a difficult time.
Formal Legal Requirements for a Valid Will
For a will to be legally recognised and enforceable in Singapore, it must adhere to specific formal requirements:
- Age and Capacity: The testator (the person making the will) must be at least 21 years old and of sound mind. The will must also be made voluntarily, without any coercion.
- Written Document: The will must be printed or handwritten on a paper document (hardcopy). Electronic wills are not sufficient.
- Signature of Testator: The testator must sign the will in-person (in wet ink) at the foot (end) of the will. If the testator is unable to sign, another person may sign on their behalf, in their presence.
- Witnesses: The testator’s signature must be made in the presence of at least two witnesses, who must both be present at the same time.
- Witness Signatures: The two witnesses must also sign the will in the testator’s presence. It is advisable to include the full date of signing and a statement declaring that the will was signed in the presence of witnesses.
- Witness Qualifications: The witnesses must be at least 21 years old and of sound mind. Crucially, the two main witnesses cannot be beneficiaries of the will, nor can they be spouses of beneficiaries. Witnesses should also not be mentally unsound or blind.
All parties mentioned in the will, including witnesses, should have their full name and identification number (e.g., NRIC number) included to ensure clarity.
Key Components of a Comprehensive Will
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A well-drafted will should be specific and address all possible scenarios to avoid ambiguity and potential disputes. It generally includes:
Schedule of Assets
Prepare a comprehensive list of all your assets. This should cover housing properties (if you are the sole owner), money in bank accounts, shares, stocks, insurance policies, jewellery, and vehicles. It is important to note that assets held under joint tenancy (e.g., a jointly-owned house or bank account) cannot be distributed by a will as they automatically pass to the other owner upon death.
Liabilities
Liabilities refer to a clear list of any outstanding debts and liabilities (such as home mortgages or bank loans), along with instructions on how they are to be paid off.
Beneficiaries
Beneficiaries are the people you wish to benefit from your will. You should specify what and how much each beneficiary should receive. It is good practice to name “reserve” or “backup” beneficiaries in case a primary beneficiary passes away before you.
Testamentary Guardian
If you have children under 21 years of age, you should designate who should look after them.
Executor
The person appointed to manage your estate and carry out your wishes after your death. The executor must be 21 years of age or older, of sound mind, and not bankrupt. An executor can also be a beneficiary. It is advisable to discuss your intention to appoint someone as an executor with them beforehand to ensure they are comfortable with the responsibility. Executors can be family members, friends, spouses, or professional entities like licensed trust companies or lawyers. It is also good practice to appoint an alternate executor in case your primary executor is unable or unwilling to act.
Revocation Clause
A line to formally revoke any previous wills and codicils, ensuring that your current will is considered your final one.
Residuary Clause
This clause specifies how any remainder of your estate should be distributed. This acts as a safety net for assets that might have been overlooked, or for gifts that become part of the remainder if a beneficiary dies before you.
Step-by-Step Will Writing Process in Singapore
To prepare a will in Singapore, create a written document listing your assets and beneficiaries, sign it with two independent witnesses present, and store the original safely with your executor.
Preparation Phase:
- Compile a comprehensive asset inventory, including properties, bank accounts, investments, and personal belongings
- Identify intended beneficiaries and their full legal names with identification numbers
- Select a trusted executor and testamentary guardian for minor children
- Gather contact details for two independent witnesses over 21 years old
Drafting Phase:
- Write will opening with personal identification and revocation of previous wills
- List specific asset allocations to named beneficiaries with clear descriptions
- Include residuary clause for the remaining estate distribution
- Add executor appointment and guardian designation clauses
Execution Phase:
- Print will on paper and review all content for accuracy
- Sign will at the bottom in the presence of two witnesses simultaneously
- Ensure witnesses sign the document after observing the testator’s signature
- Store the original will securely and inform the executor of location
Amending and Reviewing Your Will
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It is advisable to review your will periodically, ideally every five years, and particularly after any major life events. These events include marriage (which annuls previous wills), separation or divorce (as a will is not automatically revoked), or the birth of a child or grandchild.
You cannot directly amend a will after it has been signed and witnessed. To make changes, you have two primary options:
Engaging Professional Next of Kin Lawyers
While there is no legal requirement to engage a lawyer to prepare your will, it is highly recommended, especially if you have extensive assets or complex wishes. A lawyer is familiar with existing laws and other considerations that could affect your will, can advise on what should be included based on your circumstances, and can spot and resolve potential issues in your draft. Secure your family’s future with DLLC’s expert will-writing services in Singapore. Our experienced lawyers ensure legally compliant, personalised wills that protect your legacy.