What is a Will?

A Will is a written document that states who you want your assets and money ("the estate") to go to when you passed away. As it is a very important document the law specifies what will be recognised as a Will. It is a temporary document and can be changed at any time by a subsequent Will or a codicil during your lifetime.

It does not distribute your assets immediately upon the making of the Will, but takes effect after your demise.

The person making the Will is known as "the Testator", and those who inherit or benefit under the Will are called "Beneficiaries". The "Executor" is the person nominated by the Testator to administer and distribute his estate upon his death. Usually, the same person is appointed as executor and trustee.

If you died without a Will (known as "Intestate"), the person appointed by the Court to administer and distribute your assets is known as the "Administrator".

If you have beneficiaries who are minors (persons under the age of 21 years) in your Will, it will be advisable to appoint at least two Executors / Trustees to manage your assets or invest or use any money for the benefit of the minor beneficiaries. Where no Will was made and there are beneficiaries who are minors, there must be two administrators and trustees [section 6(1) of the Probate and Administration Act].  
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Why should I make a Will?

To ensure that your wishes of how your assets are distributed are carried out, it is advisable to make a Will.

Otherwise, you leave it to chance and have your assets being distributed in accordance with the Intestate Succession Act and in accordance with law of the country in which you were domiciled at the time of his demise. If you died intestate and domiciled in Singapore, for rules for distribute, please click here .

If you pass away without making a Will, your assets will be distributed according to the rules of intestacy as laid down in the Intestate Succession Act, and in which event, your estate may be distributed to persons to whom you do not intend to give anything.

Further, you cannot choose the persons (whom you trust) to manage your affairs and estate. They are called "Administrators" instead of "Executors" although they will have the same responsibilities. They have to apply to Court for "Letters of Administration" instead of the "Grant of Probate" and the procedure is generally more complicated. For example, the administrators will have to provide two guarantors (or sureties) unless they get approval from the Court for dispensation of such guarantors.

Therefore, if you want to provide especially for your family members, friends or a charity after your death, you should consider making a Will as it will be easier and more convenient.
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When do I need to make a Will?

If you are 21 years and of sound mind, you should make a Will to distribute your assets as soon as possible. Although most people die from old age, some unfortunate incidents such as plane crash, terrorism, war or natural disaster may prematurely terminate our respective lives.

You may make your own Will and change it at any time during your life without consulting a lawyer. But the risk is that your home made Will may be ineffective or invalid, causing your beneficiaries to suffer unnecessary expense in engaging lawyers to resolve the errors. It is therefore in your interest to consult a lawyer who can advise you and draft your Will for you according to law.

If you are a soldier in actual military service (NSman), or a mariner or a seaman at sea, you may make a Will even though you are under 21 years.
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Why do some people not make Wills?

Some do not wish to think about death. Surprisingly enough, making a Will does not bring your death forward. If you make your Will now, you will have less worry about how your assets will be distributed.

Some think they have nothing to leave to their love ones - if you own your own home, monies in bank accounts, cars, jewelleries, etc, you should consider making a Will. It all adds up to some value.
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When should I review my Will?

If you marry or re-marry, your Will is nullified or cancelled unless the Will was made in contemplation of your marriage.

You should review your Will if any of the following event happens:

1. if you change your name or anyone mentioned in the Will changes his;

2. if an executor or trustee dies or becomes unsuitable to act due to age or ill-health;

3. if a beneficiary dies;

4. if you subsequently sell or part with any property mentioned in the Will;

5. If there is any significant change in circumstances, for example, when you acquire property or assets which have not been mentioned in your Will.

It is advisable to review your Will regularly or where there is changes to your personal circumstances.
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Does my spouse have any inheritance right if I leave a Will?

A wife or husband may under certain circumstances apply to Court for reasonable provision for their maintenance under the Inheritance (Family Provision) Act even if they have been excluded under a Will.

What can I include in my Will?

You should state the person(s) or organisation(s) to whom you wish to give away your property and assets. For example, you may give away your house, car, shares, insurance policies, bank accounts, cash and jewellery to family members, friends or to charities.
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Do my children have any inheritance rights if I leave a Will?

Unmarried daughters, child with some mental or physical disability and incapable of maintaining himself/herself and an infant son can apply to Court for reasonable provision for their maintenance under the Inheritance (Family Provision) Act even if they have been excluded under a Will.
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What happens if my spouse and myself passed away simultaneously? For example, in a plane crash or tsunami scenario, where it is not known who died first?

If you are the older spouse, it is deemed that you died first, and therefore the share in which your spouse will take under your Will will go to his/her estate. As your spouse did not make a Will, his/her estate will be distributed in accordance with the Intestate Succession Act [click here for distribution rules for intestate estate] and not according to his/her wishes had a Will being made.

Money in your Central Provident Fund (CPF) and Nomination

If you have made a nomination under the CPF Act, your nominee shall be entitled to the funds in certain CPF accounts regardless of what is stated in your Will. If you have not made a nomination, your funds will be distributed under the law in accordance with the Intestate Succession Act, as explained below in the paragraph above.

Even if you have a Will, you need to nominate so that your CPF savings, DPS insured sum, Discounted Singapore Telecom shares, fixed deposits under CPF Investment Scheme-Special Account (CPFIS-SA) and Economic Restructuring Shares (ERS) will be paid to your nominees.

If you get married after making a nomination, your nomination made before marriage is automatically cancelled, unless you say that it was made in contemplation of marriage.

Therefore, you should nominate when:
 

If you have a valid CPF Nomination, the following items will be distributed to your Nominees in the proportion as stated in your Nomination upon your death:

The following items are not covered by CPF Nomination but instead form part of your estate:

Yes, you still need to nominate because the distribution of your CPF savings, DPS sum insured, shares in an approved corporation, fixed deposits under CPFIS-SA and ERS, is by way of nomination.

Divorce does not revoke your previous nomination. This is because you may still wish to provide for your ex-spouses and children. You may therefore wish to re-nominate when divorce takes place.

If you are a Non-Muslim, the Public Trustee will distribute your CPF savings in accordance with the Intestate Succession Act. Your CPF savings will be distributed to your next-of-kin.

If you are a Muslim, your CPF savings will be distributed in accordance with the Inheritance Certificate.

If the beneficiary of your unnominated CPF monies is under the age of 21 years, the Public Trustee will hold the minor's share in trust until he attains 21 years old. This is applicable to both Muslims and non-Muslims.

Changing your Will?

You should never attempt to change your Will by crossing parts out or adding words in or by attaching anything to it. If you do so your Will may become ineffective or invalid. If you wish to change your Will, either make a fresh Will or prepare a Supplemental Will (“a Codicil").
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Making Your Will Known 

Having made a Will, if your family members or your named Executor(s) do not know that you have made a Will or how to locate it, this will defeat the whole purpose of making a Will. It is therefore important to inform your Executor(s) and/or your close ones of the whereabouts of your original Will.

If you have engaged a lawyer to prepare your Will, you may also request your lawyer to lodge at the Wills Registry of the Public Trustee Department a requisite form. The form states brief particulars of your Will (without its contents), so that upon your death, your personal representatives can make a search at the Wills Registry on whether you have made a Will. This will facilitate your family members in locating your Will or finding out whether you have made one. 
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Administering Your Estate

As mentioned above, your Will only takes effect upon your death, and not before. Upon your death, your Executors will have to apply to Court for a Grant of Probate. The Court will only issue the Grant after the Estate Duty Officer has certified the following:

1. the value of your estate;

2. (a) the amount of estate duty payable and the fact that it has been paid; or
   (b) that no estate duty is payable.

However, the Executors have the power by virtue of your Will to act even before the Grant is issued. For example, your executors may pay or release debts and transfer property or assets, such as your car. But it is necessary to obtain the approval of the Commissioner for Estate Duty when dealing with landed property or major assets. In this case, it is also necessary to get a copy of the Grant of Probate.

Once the Grant of Probate is issued, the Will becomes a public document. The original Will is retained by the Court. The Executors will be given a copy of the Will together with the Grant. All your property and assets will then pass to your Executors, who will have the responsibility of administering and distributing the estate according to the instructions in your Will.
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What is the Costs of Making a Will?

It is difficult to ascertain the costs of the Will without having taking instructions from you, and if you wish to request for our quotation, you may use our quote form or submit your Will first at our submission page and we will revert to you on our estimated charges for your consideration. A rough guide of fees charged by professional lawyers is in the region of $200 to $500 depending on the complexity.
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This is a question of preference, and usually, a person may be influenced by the apparent lower costs offered by non-legal firms in offering Will drafting services. In fact, the costs of a Will drafted by professional law firms are usually not more than a couple of hundreds of dollars (for relatively straightforward Will), and the law firm will usually have 1 or 2 lawyers witnessing the testator's signature to the Will. Such solicitor's witnesses may be useful in the event of issues relating to the testator's signature to the Will or where there are disputes surrounding the Will.

Upon the death of the testator, the personal representative(s) of the testator may appoint a law firm to act in the administration of the estate, and that law firm will usually advise the personal representative(s) to advertise in the Law Society Gazette (circulated to practising solicitors only) for any Will previously prepared by other law firm(s) for the testator to contact that law firm.
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Muslim Testators

It is unfortunate that we are unable to take instructions from Muslims who intend to make a Will as we do not practise Syariah Laws. Please consult one who does practise Syariah Laws.
 
Please note that some of the issues mentioned above do not apply to Muslims. Under section 115(1) of the Administration of Muslim Law Act, the beneficiaries must apply to the President of the Syariah Court for an Inheritance Certificate to establish the share of each beneficiary. Muslims can only dispose off or give away 1/3 of their estate to persons who are not already entitled under the Inheritance Certificate mentioned above. 
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