Types of Wills in Singapore

Singapore law does not divide wills into formal types. Terms such as simple will, comprehensive will and mirror wills describe how much a will covers. A simple will appoints an executor and leaves the estate to named beneficiaries. A comprehensive will adds provisions such as guardians, trusts for young beneficiaries and specific gifts. Mirror wills are two separate wills, made by a couple, with matching terms. Every will must be signed and witnessed as section 6 of the Wills Act 1838 requires.

Simple Will

A simple will is the most common type of will prepared in Singapore. It is designed for individuals with straightforward estates who wish to ensure their assets are distributed according to their wishes upon death. A simple will provides clarity and legal certainty, removing the need for your estate to be administered under the Intestate Succession Act.

With a simple will, you appoint an executor to carry out the administration of your estate and specify the standard distribution of your assets to named beneficiaries. This may include your spouse, children, parents, siblings, or any other persons you wish to benefit.

A simple will is ideal for single individuals or couples with uncomplicated asset structures. If your estate consists primarily of a residential property, bank savings, CPF nominations, and insurance policies, a simple will is typically sufficient to address your testamentary needs.

The simple will also covers the distribution of your residuary estate, that is, all remaining assets not specifically dealt with elsewhere in the will. This ensures that nothing is left unaccounted for and that your entire estate passes according to your stated intentions.

Comprehensive Will

A comprehensive will is suited for individuals and families with more complex estates or specific requirements that go beyond a standard distribution of assets. If you have significant holdings, business interests, or a blended family, a comprehensive will provides the flexibility needed to address these circumstances.

One of the key features of a comprehensive will is the ability to include trust provisions for minor beneficiaries. A testamentary trust ensures that assets intended for children or young beneficiaries are held and managed by appointed trustees until the beneficiaries reach a specified age. This safeguards their inheritance and ensures it is used for their benefit.

A comprehensive will also allows you to appoint guardians for your minor children. In the event that both parents pass away, the appointed guardian assumes responsibility for the care and upbringing of the children. This is one of the most important decisions a parent can make, and it must be documented in a legally valid will.

You may also include specific bequests (for example, leaving a particular piece of jewellery to a named individual, or making a charitable donation), as well as conditional gifts that take effect only if certain criteria are met. The comprehensive will further allows for the appointment of multiple executors and substitute executors, providing continuity in estate administration should your primary executor be unable or unwilling to act.

This type of will is particularly suitable for those with significant assets spread across different classes, blended families with children from prior relationships, or individuals with business interests that require careful succession planning.

Mirror Wills

Mirror wills are specifically designed for married couples or partners who share matching testamentary wishes. Rather than a single joint document, mirror wills comprise two separate but complementary wills, one for each partner, that typically mirror each other's provisions.

In a typical arrangement, each partner leaves their estate to the surviving partner in the first instance. Upon the death of the surviving partner, the combined estate is then distributed to the couple's chosen beneficiaries, usually their children or other family members. This coordinated distribution on first and second death ensures that the couple's shared intentions are honoured regardless of the order in which they pass away.

Mirror wills may also include guardian appointments, trust provisions for minor beneficiaries, and specific bequests, depending on the couple's circumstances. They are recognised as two distinct wills under Singapore law, meaning each partner retains the right to amend or revoke their own will independently at any time.

Will Review and Amendment

A will is not a static document. As your personal and financial circumstances change over time, it is prudent to review and update your will to ensure it continues to reflect your wishes accurately. Major life events, such as marriage, divorce, the birth or adoption of a child, the acquisition of significant assets, or changes in your relationship with named beneficiaries, may require amendments to your existing will.

Minor changes to a will can be effected through a codicil, which is a supplementary document that amends specific provisions without replacing the entire will. A codicil must be executed with the same formalities as the original will to be legally valid. However, where the changes are substantial or numerous, it is generally advisable to revoke the existing will and prepare a new one to avoid ambiguity and potential disputes.

It is important to be aware that under Section 13 of the Wills Act 1838, marriage automatically revokes any will previously made by the testator, unless the will was expressly made in contemplation of that marriage. This means that if you marry after making a will, your prior will is no longer valid, and you must make a new will to ensure your estate is distributed according to your wishes.

Loh Eben Ong LLP offers will review services to help you assess whether your current will remains fit for purpose, and to advise you on the most appropriate course of action, whether that is a simple codicil or a complete redrafting of your testamentary documents.

Comparison of Will Types

Common Questions