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Can a Foreigner Make a Will in Singapore?

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A man in a suit sits at a desk with a laptop, pen and paper, and office supplies, looking thoughtfully at the screen, perhaps contemplating having a will prepared.

Estate Planning in Singapore: A Guide for Foreigners

Singapore is a popular destination for expatriates and foreign investors due to its stable economy, business-friendly environment, and high standard of living.

Many foreigners choose to make Singapore their long-term residence or even their permanent home.

As such, it is important for foreigners to understand the legal framework surrounding estate planning in Singapore, particularly when it comes to making a Will.

The Importance of Having a Will

Having a Will is crucial for foreigners residing in Singapore as it enables them to exercise control over the distribution of their assets according to their wishes.

Without a Will in place, the distribution of assets will be governed by the Intestate Succession Act, which may not align with the individual’s intentions.

By making a Will, foreigners can:

  1. Determine who will inherit their assets
  2. Appoint guardians for their minor children
  3. Specify any special instructions regarding their funeral arrangements or bequests to charitable organisations


This ensures that their loved ones and beneficiaries are provided for and that their wishes are respected.

Having a Will helps streamline the probate process in Singapore. Probate refers to the legal process of validating and administering a deceased person’s Will.

With a properly executed Will, the probate process is usually faster and smoother, saving both time and costs for the beneficiaries.

Furthermore, a well-drafted Will can minimise potential conflicts or disputes among family members or other interested parties.

This is particularly important for foreigners who may have complex family situations or complicated asset portfolios. By clearly outlining their intentions in a legally-binding document, they can reduce the risk of disagreements and ensure a harmonious distribution of their assets.

Understanding the Legal Framework for Wills in Singapore

In Singapore, the legal framework for making a Will is governed primarily by the Singapore Wills Act. This Act applies to both citizens and foreigners alike, meaning that foreigners can indeed make a Will in Singapore.

According to the Wills Act of Singapore, any person who is at least 21 years old and of sound mind can make a Will, regardless of their nationality or residence status . This means that foreigners have the same rights as Singaporeans when it comes to estate planning and can use a Will to distribute their assets according to their wishes.

Two people in business attire, one holding a coffee mug, the other writing on a document about having a will. A laptop is visible on the table.

Key Considerations for Foreigners Making a Will in Singapore

Foreigners wishing to create a will in Singapore must be aware of key considerations that can impact their estate planning and asset distribution.

Here are some crucial factors to keep in mind:

  1. Choice of law
    Foreigners should consider which jurisdiction’s law they want to govern their Will. While Singapore recognises Wills made in other countries, it is advisable for foreigners to have a separate Will drawn up under Singapore law to ensure clarity and compliance with local regulations.

  2. Assets in different countries
    When there are overseas assets (property, investments, etc.) located in more than one country, it’s essential to plan for the distribution after passing. Inheritance laws and tax regulations vary considerably by country. In some cases, this might necessitate creating separate Wills for each jurisdiction to ensure your wishes are fulfilled effectively.

  3. Tax implications
    Foreign beneficiaries may be subject to tax liabilities in their home country on the assets they inherit. It is important to consider any potential tax implications and seek professional advice to minimise the tax burden on your beneficiaries.

  4. Local regulations
    Foreigners should familiarise themselves with the local regulations and requirements in Singapore regarding the execution and validity of Wills. This includes understanding the formalities required for a valid Will, such as the need for witnesses and the appointment of an Executor.

Types of Assets and Properties Covered in a Will

When making a Will in Singapore, foreigners should take into account the various types of assets and properties that can be included in their Will. Here are some common examples:

  1. Real estate
    This includes properties such as houses, apartments, and land. Foreigners who own real estate in Singapore can specify in their Will how they want these properties to be distributed among their beneficiaries.

  2. Bank accounts and investments
    Foreigners can include their bank accounts, savings, investments, and other financial assets in their Will. By specifying the beneficiaries and their respective shares, foreigners can ensure a smooth transfer of these assets after their demise.

  3. Personal belongings
    Personal belongings such as jewelry, artwork, collectibles, and sentimental items can also be included in a Will. Testators can designate specific beneficiaries for these items or provide general instructions on how they should be distributed among their loved ones.

  4. Business interests
    If a foreigner owns a business in Singapore, they can make arrangements for the transfer of their business interests through their Will. This can include shares of a company, partnership interests, or any other form of business ownership.

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Methods of Will Creation in Singapore

Foreigners have several options for creating a Will in Singapore:

Engage a Qualified Will Writer:

This is highly recommended, especially for complex estates or those with assets in multiple jurisdictions. A Will writing professional provides personalised advice, ensures the Will is drafted and executed in accordance with Singapore law, and can offer guidance on related matters such as asset protection.

Utilise an Online Will-Making Service:

This can be a more cost-effective option for creating a basic Will, particularly for individuals with straightforward estates. However, it’s crucial to choose a reputable provider and carefully review the terms and conditions to ensure the service meets your specific needs. Online Wills may not be suitable for everyone.

Safeguarding and Updating Your Will

Safeguard your Will

Once a Will has been executed, it is crucial to store all relevant documents in a secure and easily accessible location, or entrust them to a reputable Will custody service. Inform your chosen Executor, beneficiaries, and family members of the Will’s existence and where it can be found.

Review and update your Will

Regularly review and update your Will, especially after significant life events like marriage, divorce, the birth of children, death of a beneficiary, acquisition or disposal of substantial assets, or changes in your financial or personal circumstances. This is especially important for foreigners who may have assets or beneficiaries in different countries.

Appointing Executors and Distribution of Assets

When making a Will in Singapore, foreigners can appoint an Executor to handle the administration of their estate. The role of the Executor is to carry out the instructions outlined in the Will and administrate the distribution of assets. It is crucial to select a trusted individual who is willing and capable of fulfilling this responsibility.

Foreigners can choose to appoint a family member, a close friend, a lawyer, or a professional Executor to act as the Executor of their Will. It is advisable to discuss the appointment with the chosen individual beforehand to ensure their willingness and availability to take on the role.

Engaging a Professional Executor or Trustee

While it is not a legal requirement, it is highly recommended for foreigners to engage the services of a professional Executor or Trustee who is familiar with the local laws and processes. This can help ensure that the Will is properly administered and executed according to Singaporean law.

Engaging an experienced Estate Planning service provider can be especially beneficial for foreigners who may not have close relatives or friends in Singapore to act as their Executor. This can provide them with peace of mind knowing that their assets will be handled appropriately after their passing.

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We understand that navigating through complex matters can lead to questions and sometimes, uncertainties. That’s why we’re here to provide clarity and support when you need it most.

Please take a moment to fill out the form below, and our experienced team will promptly respond to your inquiry. Rest assured, we are committed to addressing any issue with the attention and expertise you deserve.

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