A Will ensures your wishes are respected after your passing, giving your family clear direction on how to manage your estate. While it may seem easy to write a Will yourself, mistakes in self-written Wills can lead to expensive legal disputes for your beneficiaries. In fact, rectifying errors or contesting an unclear Will can cost far more than hiring a professional to prepare one from the start.
Depending on your unique situation—whether you have a large family, non-Singaporean beneficiaries, children, or even a business—certain considerations may require extra attention. A poorly written Will not only risks disputes among your loved ones but can also lead to delays or even invalidation of your last wishes.
Here are the top 10 common mistakes people make when writing a Will and tips to ensure you avoid them.
1. Forgetting to Appoint the Right Executor and Trustee
Many people don’t realise the importance of appointing a capable executor and/or trustee to manage their estate after they pass away. A wrong choice—someone who is unwilling, incapable, or unreliable—can result in delays, disputes, or mismanagement of your assets.
For Large Families or Complex Wills:
If disputes are likely, consider appointing an impartial professional executor to avoid family conflicts.
How to Avoid It:
Select someone trustworthy, competent, and ideally experienced in handling financial or legal matters. For larger estates, seeking professional executors may be prudent.
2. Ignoring Witness Requirements
For a Will to be legally valid in Singapore, it must be signed according to specific rules. The testator (the person creating the Will) must sign it in the presence of two witnesses, who must also sign it in the testator’s presence. These witnesses cannot be beneficiaries or their spouses. Failure to meet any of these requirements could result in the Will being invalidated.
A common error is signing the Will without the witnesses present, assuming their signatures can be added later. In some cases, individuals even sign under pressure or without fully understanding the document, which can lead to legal disputes.
Why This Matters:
It may seem trivial to rush the signing process, but even minor mistakes can render the entire Will invalid, regardless of its content.
How to Avoid It:
Ensure that everyone involved in the signing process is present in the same room, fully briefed on their roles, and that the proper sequence is followed.
3. Excluding a Residuary Clause
A residuary clause addresses assets that are not specifically named in the Will or acquired later in life. Without it, unallocated assets may fall under intestacy laws and be distributed according to default legal provisions, which may contradict your wishes.
For Households with Multiple Assets or Additions:
If you have a broad portfolio (e.g., real estate, shares, or business interests), this clause is critical.
How to Avoid It:
Always include a clause directing what should happen with any leftover or unspecified assets.
4. Failing to Plan for Unforeseen Contingencies
Life is unpredictable, and Wills should account for events such as the death of a primary beneficiary. Without listing alternate beneficiaries, assets could revert to intestacy laws, leaving your wishes unfulfilled.
For Young Families or Those with Dependents:
Contingency planning is essential if your primary beneficiaries include children, dependents with special needs, or elderly relatives.
How to Avoid It:
Always name backup beneficiaries for your important assets to handle unforeseen situations.
5. Leaving Out Non-Singaporean Beneficiaries
If any of your beneficiaries live overseas or are non-citizens, different inheritance laws may apply. Additionally, managing assets or transferring them overseas can create legal complications if not planned properly.
For Non-Singaporean Families or International Beneficiaries:
How to Avoid It:
Include clear instructions for non-Singaporean beneficiaries, and consult a lawyer with expertise in cross-border inheritance to ensure compliance with international laws.
6. Overlooking Digital and Intangible Assets
Today, much of our wealth lies in digital forms—cryptocurrency, intellectual property, email accounts, or even social media. Ignoring these assets could leave them inaccessible to your loved ones or expose them to theft.
For Tech-Savvy Individuals or Entrepreneurs:
People with unique online businesses or intellectual property must secure these digital valuables.
How to Avoid It:
Include a detailed inventory of digital assets, login instructions, and directions for their management or transfer.
7. Mistakes in Asset Distribution
Many Wills encounter problems because assets are not distributed correctly. In Singapore, CPF savings and properties held under joint tenancy cannot be distributed through a Will. CPF monies can only be assigned through a CPF nomination, while jointly owned properties automatically go to the surviving joint owner.
Attempting to include such assets in a Will often causes confusion or renders parts of the Will invalid. Incorrect or incomplete asset distribution may also delay the settling of your estate.
For Families with Jointly Held Properties or CPF Savings:
This is a common pitfall that must be avoided to prevent disputes.
How to Avoid It:
Ensure that your Will includes only distributable assets and double-check other nomination-based assets like insurance policies. Work with a professional to clarify what can and cannot be included.
8. Not Including Exclusion Clauses
Family disputes often arise when individuals feel unjustly excluded from a Will. Omitting an explicit exclusion clause may give them grounds to claim they were forgotten or attempt to contest the Will.
For Estranged or Complex Family Relationships:
If someone is intentionally left out, it must be stated clearly.
How to Avoid It:
Add a clause stating that certain individuals have been considered but intentionally excluded. For example, “I have chosen to exclude [Name] from my Will and leave him/her no part of my inheritance due to [Reason].”
9. Omitting No-Contest Clauses
Even a well-written Will can be challenged by unhappy beneficiaries. While no-contest clauses are generally not legally enforceable in Singapore, they can still serve as a deterrent by discouraging disputes.
For example, a clause could state that any beneficiary who contests the terms risks losing their inheritance, which may make them think twice before challenging it.
For Families with History of Legal Disputes or Frequent Disagreements Over Inheritance:
This clause is critical for large estates or when tension already exists among beneficiaries.
How to Avoid It:
Consult a professional to draft a carefully worded no-contest clause that, while not legally binding, can help discourage family conflicts and unnecessary legal battles.
10. Attempting DIY Wills Without Legal Guidance
Writing your own Will using templates often results in vague language, errors, or omissions of important details. Improper signing procedures, failing to update the Will after major life events, or not including critical clauses like contingency planning are common in DIY Wills.
For Everyone, Especially Large or Complex Estates:
A DIY approach may seem like a cost-saving idea, but it greatly increases the risks for families with multiple beneficiaries, cross-border issues, or unique circumstances like business ownership.
How to Avoid It:
Engage an experienced professional to draft and review your Will. They can customise it to your unique needs, avoiding long-term complications and disputes.
Final Thoughts
Writing a Will is more than just listing who gets what—it requires care, detail, and understanding of your unique situation. Depending on your family circumstances, you may need to include additional, customised clauses:
- Big families or multiple beneficiaries require extra clarity to avoid misunderstandings.
- Non-Singaporean beneficiaries need provisions to address cross-border inheritance and legal compliance.
- Children or dependents may require guardianship clauses or trust funds.
- Business owners must ensure succession planning for their business continuity.
Small mistakes in a Will can lead to costly legal disputes or unintentionally harm the people you want to protect. Investing in professional guidance ensures your Will is thorough, legally sound, and tailored to your needs. Take the time now to build a solid Will—it’s a priceless way to provide peace of mind for your loved ones.
After all, the price you pay to do a Will now will definitely be less expensive than leaving ambiguity and no clear directions for the ones that matter to you.
Disclaimer: This article provides general information and should not be considered legal or financial advice. Please consult with qualified professionals for personalised guidance tailored to your specific circumstances.
