Frequently Asked Questions About Making a Will in Singapore

Making a will is one of the most important steps you can take to protect your family and ensure your assets are distributed according to your wishes. A will allows you to:

• Control how your assets are distributed after your death
• Appoint executors to manage and administer your estate
• Appoint guardians for your minor children (under 21 years old)
• Make specific bequests of sentimental or valuable items to particular individuals
• Provide for dependants with special needs through trust provisions
• Reduce the potential for family disputes over your estate

Without a will, your estate will be distributed according to the fixed rules of the Intestate Succession Act 1967, which may not reflect your wishes. For example, if you wish to leave a particular item to a close friend, or provide for a charity, you cannot do so without a will.

Anyone aged 21 and above who has assets in Singapore should consider making a will. It is particularly important for:

• Property owners (including HDB flat owners and private property owners)
• Parents with minor children, to appoint guardians
• Those with specific wishes about how their assets should be distributed
• Business owners, to ensure continuity of their business interests
• Those with assets in multiple countries
• Married couples who wish to provide for each other and their children
• Single individuals who wish to provide for particular family members, friends, or charities

Under section 4 of the Wills Act 1838, a person must be at least 21 years old to make a valid will in Singapore. Section 27 of the Act makes an exception for persons in actual military service and for mariners or seamen at sea, who may make a will below the age of 21.

The fee depends on the type of will (simple will, comprehensive will, or mirror wills for couples) and on how complex your estate and instructions are. Loh Eben Ong LLP confirms the fee after reviewing your instructions.

For an estimate, use our online will quote tool, or call us at +65 6338 1810.

How long it takes depends on how complex your instructions are and on when you can attend the signing appointment. After you submit your instructions online, our lawyers review them and prepare the draft will, and we let you know when it is ready for signing.

It is not a legal requirement to engage a lawyer to make a will. However, it is strongly recommended. A lawyer ensures that your will is legally valid, properly drafted, and covers all necessary provisions. Common mistakes in DIY wills include improper execution (failing to comply with the signing requirements under the Wills Act 1838), ambiguous language that leads to disputes, and failure to consider all assets and contingencies.

Engaging a lawyer provides peace of mind that your will accurately reflects your wishes and will be upheld.

Yes, you may write your own will. However, the risks of doing so include improper execution formalities, ambiguous or unclear language, failure to consider all your assets, failure to account for legal restrictions (such as CPF savings and HDB eligibility rules), and potential invalidity of the will.

A professionally drafted will by an experienced lawyer provides certainty that your will is valid and that your wishes will be carried out.

Singapore does not recognise holographic (handwritten) wills as a separate category with relaxed execution requirements. A handwritten will must still comply with all the requirements of Section 6 of the Wills Act 1838: it must be signed by the testator in the presence of two witnesses who are present at the same time, and both witnesses must sign the will in the testator's presence.

You can submit your will instructions online through our online will submission form. Our lawyers will then prepare your will based on your instructions. However, the will must still be physically signed and witnessed at a signing appointment at our office, in accordance with the requirements of the Wills Act 1838. A will that exists only in electronic form, without physical signing and witnessing, is not valid under Singapore law.

Before making your will, you should prepare the following information:

• Your NRIC or passport details
• Details of your assets: property (HDB, private), bank accounts, investments, shares, insurance policies, vehicles, and other valuable items
• Full names and NRIC numbers of your intended beneficiaries
• Details of your chosen executor(s): full name, NRIC, and contact details
• Details of guardians for minor children, if applicable
• Details of any specific bequests you wish to make
• Information about your CPF nominations (CPF savings cannot be distributed by will)

You may include in your will:

• Real property (HDB flats, private residential property, commercial property, land)
• Bank accounts and fixed deposits
• Investments, shares, and unit trusts
• Vehicles
• Personal belongings, jewellery, and other valuable items
• Business interests

Important exceptions:

• CPF savings cannot be distributed by will. They are distributed according to your CPF nomination.
• Insurance policies with a nomination under the Insurance Act are paid to the nominee and do not form part of the estate.
• Jointly held assets (eg. joint bank accounts, property held as joint tenants) may pass to the surviving joint owner by right of survivorship and may not form part of the estate.

No. CPF savings cannot be distributed by will. Under the Central Provident Fund Act, CPF savings are distributed according to the CPF nomination made by the member with the CPF Board. If no CPF nomination has been made, CPF savings are distributed under the intestacy laws.

It is therefore important to make a separate CPF nomination with the CPF Board if you wish to direct the distribution of your CPF savings.

Yes, you may include your HDB flat in your will. However, HDB eligibility conditions apply. The person inheriting the HDB flat must satisfy HDB's eligibility criteria. If no eligible person can inherit the flat, it may need to be sold on the open market. You should take these eligibility restrictions into account when making your will.

It depends on whether a nomination has been made under the insurance policy. If a nomination has been made under the Insurance Act 1966, the insurance proceeds are paid directly to the nominee and do not form part of the deceased's estate. If no nomination has been made, the insurance proceeds form part of the estate and can be distributed by will.

An executor is the person you appoint in your will to carry out your instructions after your death. The executor's duties include applying for a grant of probate, collecting your assets, paying your debts, and distributing your estate to the beneficiaries named in your will.

When choosing an executor, consider the following:

• The person should be someone you trust, who is responsible and willing to take on the role
• The person should be at least 21 years old
• The person can be a family member, a close friend, or a professional (such as a lawyer or trust company)
• Consider appointing a substitute executor in case your first choice is unable or unwilling to act

Yes, you may appoint more than one executor. It is common to appoint two executors. Under section 6 of the Probate and Administration Act 1934, probate cannot be granted to more than four persons for the same property. Appointing more than one executor can provide a safeguard in case one executor is unable or unwilling to act.

A guardian is a person you appoint in your will to care for your minor children (under 21 years old) in the event that both parents pass away. If you are a parent with young children, appointing a guardian in your will is essential. Without a guardian appointment, the court will decide who cares for your children, which may not be the person you would have chosen.

If your sole executor predeceases you and no substitute executor has been named in your will, the court may need to appoint an administrator to manage your estate. This can cause delays and additional costs. For this reason, it is advisable to name a substitute executor in your will. It is also important to review your will periodically to ensure that your appointed executors are still alive, willing, and able to act.

Under Section 6 of the Wills Act 1838, the following requirements must be met for a will to be validly executed in Singapore:

1. The will must be in writing.
2. The will must be signed by the testator (or by some other person in the testator's presence and by the testator's direction).
3. The testator's signature must be made or acknowledged in the presence of two or more witnesses present at the same time.
4. Each witness must attest and sign the will in the presence of the testator.

You need at least two witnesses. Both witnesses must be present at the same time when the testator signs (or acknowledges the signature on) the will. Both witnesses must then sign the will in the presence of the testator. When you sign your will at Loh Eben Ong LLP, our office provides the two witnesses, so you do not need to bring your own.

A beneficiary can technically act as a witness, but this has serious consequences. Under Section 10 of the Wills Act 1838, if a beneficiary (or the spouse of a beneficiary) attests the will as a witness, the gift to that beneficiary becomes void. The will itself remains valid, but the beneficiary-witness loses their inheritance. For this reason, beneficiaries and their spouses should never act as witnesses to the will.

Yes, a family member may act as a witness, provided that the family member is not a beneficiary under the will and the family member's spouse is not a beneficiary under the will. However, to avoid any potential complications, it is generally advisable to use independent witnesses who have no interest in the will.

There is no legal requirement for a will to be signed in front of a lawyer. However, signing in the presence of a lawyer is strongly recommended. A lawyer can ensure that all execution formalities under the Wills Act 1838 are properly observed, explain the contents of the will to the testator, confirm that the testator understands and approves the will, and provide a professional record of the signing.

Your original will should be kept in a safe, accessible place. You should inform your executor(s) of the location. Common options include:

• With your lawyer (many law firms offer will storage services)
• In a fireproof safe at your home

Important: Avoid keeping the original will in a safe deposit box. Your executors may find the box difficult to access after your death, when they need the will to apply for probate.

Yes. You may change your will at any time while you are alive and of sound mind. You have two options:

1. Make a new will that expressly revokes all previous wills. This is usually the preferred option, especially for significant changes.
2. Execute a codicil, which is a supplement to the existing will that amends specific provisions. A codicil must be executed with the same formalities as a will (signed, two witnesses).

For significant changes, making a new will is generally recommended to avoid confusion or potential inconsistencies between the will and the codicil.

A codicil is a legal document that amends, supplements, or partially revokes an existing will. It is typically used for minor changes, such as changing an executor, updating a specific bequest, or adding a new provision. A codicil must be executed with the same formalities as a will under Section 6 of the Wills Act 1838: it must be in writing, signed by the testator in the presence of two witnesses, and both witnesses must sign in the testator's presence.

Under the Wills Act 1838, a will may be revoked in the following ways:

1. By making a new will that contains a clause expressly revoking all previous wills and codicils.
2. By destruction of the will with the intention of revoking it. The will must be burnt, torn, or otherwise destroyed by the testator, or by some other person in the testator's presence and by the testator's direction.
3. By subsequent marriage. Under Section 13 of the Wills Act 1838, marriage revokes any will made before the marriage, unless the will was made in contemplation of that particular marriage.

Yes. Under Section 13 of the Wills Act 1838, a will is revoked by the testator's subsequent marriage, unless the will was expressly made in contemplation of that particular marriage. If you marry after making a will, you should make a new will as soon as possible to ensure your wishes are properly recorded.

No. Under the Wills Act 1838, marriage (including remarriage) revokes an earlier will, but divorce does not. If you divorce, your existing will may still benefit or appoint your former spouse, so you should review it promptly and make a new will if your wishes have changed.

You should review your will in the following circumstances:

• After marriage (marriage revokes a prior will)
• After divorce
• After the birth or adoption of a child
• After acquiring or disposing of significant assets (eg. purchasing property)
• After a change in your family circumstances (eg. death of a beneficiary or executor)
• Periodically, every 3 to 5 years, to ensure the will still reflects your current wishes

If you die without a valid will, you are said to have died "intestate". Your estate will be distributed according to the fixed rules of the Intestate Succession Act 1967. These rules determine which family members receive your estate and in what proportions, regardless of your personal wishes. You will have no say in who receives your assets, who manages your estate, or who cares for your minor children.

For full details on intestacy distribution, see our Intestacy page.

Under the Intestate Succession Act 1967, distribution depends on your surviving family members:

• Survived by spouse only: Spouse receives the entire estate.
• Survived by spouse and children: Spouse receives half; children share the other half equally.
• Survived by spouse and parents, but no children: Spouse receives half; parents share the other half equally.
• Survived by children only: Children share the entire estate equally.
• Survived by parents only: Parents share the entire estate equally.
• Survived by brothers and sisters only: They share the entire estate equally.
• Survived by grandparents only: Grandparents share the entire estate equally.
• Survived by uncles and aunts only: Uncles and aunts share the entire estate equally.
• None of the above: The estate passes to the Government.

No. The Intestate Succession Act 1967 does not apply to Muslims, whose estates are governed by Muslim law under the Administration of Muslim Law Act 1966. Loh Eben Ong LLP does not prepare wills for Muslims or advise on Muslim estates.