A Will is a crucial legal document that ensures your assets are distributed according to your wishes after death.
In Singapore, Wills are governed by the Wills Act, which sets out the rules for validity.
Proper execution is essential — an invalid Will can cause confusion, disputes and distribution of your estate under intestacy laws instead of your true intentions.
1. Key Requirements for a Valid Will
To be valid, a Will must meet these basic criteria:
- Age and Mental Capacity:
You must be at least 21 years old and of sound mind.
You must understand:- What a Will is for
- The extent of your assets
o Who should inherit them
- Written Format:
Your Will must be handwritten or typed.
(Note: Digital Wills are not recognised in Singapore.)
2. Common Execution Mistakes
- Signature Requirements:
- Your signature must appear at the end of the Will.
- It must be witnessed by two people at the same time.
- Witnesses must also sign in your presence.
- Witness Problems:
- Witnesses must be at least 21 years old and mentally capable.
- Beneficiaries (or their spouses) cannot be witnesses — or their inheritance will be forfeited.
- Witnesses do not need to read your Will but must confirm that you have signed it willingly and clearly.
3. Assets That Cannot Be Willed Away
Not all assets can be distributed by the Will:
- CPF funds: Go through CPF nominations, not the Will.
- Insurance policies: If beneficiaries are nominated, proceeds bypass the Will.
- Joint property: Automatically passes to the surviving owner.
- Muslim estates: Governed partially by Shariah law.
4. Unclear Wording and Contradictions
Ambiguities can invalidate parts of a Will:
- Conflicting clauses
- Vague asset descriptions
- Unclear identification of beneficiaries
Tip:
Clearly state who gets what and avoid confusing or overlapping instructions.
Example:
Confusing wording:
"I leave my house to either my son, John, or my daughter, Mary, depending on who needs it more."
Why this is a problem:
- The Will does not specify clear criteria for deciding who inherits.
- It leaves room for disagreement, arguments, and possible legal challenges.
Clear wording:
"I leave my house located at [full address] to my son, John."
Why this is better:
- It removes any uncertainty.
- Executors can administer the Will smoothly without interpreting your intentions.
- Beneficiaries have clarity, reducing the risk of conflict.
5. Life Events That Affect a Will
- Marriage:
Automatically revokes previous Wills. - Divorce:
Does not revoke a Will. Update it after divorce.
Following these major life events, it is necessary to update your Will through a proper legal process.
- Amendments
Any changes to your Will must be formally executed and properly witnessed.
Informal alterations — such as crossing out sections or writing notes in the margins — can render your Will invalid.
6. Consequences of an Invalid Will
- Legal:
- Estate distributed according to intestacy laws.
- Court appoints an administrator.
Case Example: Consequences of an Invalid Will:
After a husband’s passing, the family discovered that his Will was invalid because it had not been properly witnessed.
Without a valid Will, the estate was distributed under Singapore’s intestacy laws, which did not reflect his true intentions of giving a part of it to his parents.
Additionally, the wife and children faced significant delays in accessing important funds and properties.
Disagreements soon arose among the children over how the estate should be divided. What should have been a time of mourning and healing turned into a prolonged and painful legal battle — a situation that could have been avoided with a properly executed Will.
How to Avoid Common Will Mistakes
- Engage a qualified estate planning professional.
- Choose witnesses carefully.
- Understand what assets fall outside a Will.
- Review and update your Will after major life changes.
- Store your Will safely and inform your executor.
Final Thoughts
Drafting a valid Will requires careful attention to legal requirements and proper execution. While it may seem complex, a good Professional Estate Planning & Succession Practitioner can help navigate these complexities and ensure your wishes are properly documented. Remember to review your Will regularly, especially after big life changes, to make sure it still reflects your wishes.
A Personal Message
Writing a Will is more than just paperwork – it’s a way to care for your family’s future. We know it’s not easy to think about these matters, but taking this step now can give you and your loved ones peace of mind.
The time you spend getting your Will right today can save your family from worry and confusion later. Whether this is your first Will or when updating an existing one, you’re making an important choice to protect those you care about.
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.
