Why You Need a Will in Singapore

A will is a written legal document that says who receives your assets when you die, who will administer your estate (your executors) and, if you have children under 21, who will look after them (their guardians). In Singapore, wills are governed by the Wills Act 1838. If a non-Muslim dies without a valid will, the estate is distributed under the Intestate Succession Act 1967 instead.

What a Will Can Do

1. Many people put off making a will because they believe it is something that only the elderly or the wealthy need to think about. This is a common misconception. Regardless of your age or the size of your estate, a properly drafted will gives you control over what happens to your assets, your dependants, and your legacy after your passing.

1.1 Under Singapore law, a will is governed by the Wills Act 1838. It is a legally binding document that takes effect upon the testator's death and is revocable at any time during the testator's lifetime. A will allows you to:

• Appoint executors to manage and administer your estate. An executor is the person you trust to carry out the instructions in your will, collect your assets, settle your debts, and distribute the remainder to your beneficiaries.
• Distribute your assets to your chosen beneficiaries. Without a will, you have no say in who receives your property, savings, investments, or personal belongings. A will allows you to specify exactly who gets what, in what proportions, and under what conditions.
• Appoint guardians for your minor children. If you are a parent of children under the age of 21, a will is the only reliable way to nominate the person you wish to care for your children in the event that both parents pass away.
• Provide for dependants with special needs. If you have a family member who requires long-term care or financial support, a will enables you to set up appropriate arrangements, including the establishment of a trust, to ensure that their needs continue to be met.
• Make specific bequests of sentimental or valuable items. You may wish to leave particular items (a family heirloom, a piece of jewellery, a collection) to a specific person. A will enables you to do so with legal certainty.
• Appoint trustees for assets held on trust for minors. Where beneficiaries are below the age of 21, you may appoint trustees to hold and manage the assets on their behalf until they attain the age of majority or such later age as you may specify.
• Reduce the potential for family disputes. A clearly drafted will that sets out your wishes in unambiguous terms significantly reduces the risk of disagreements among your surviving family members. Without a will, disputes over entitlement can arise, sometimes resulting in costly and protracted litigation.

1.2 In short, a will is not merely a document for distributing assets. It is a comprehensive instrument that allows you to protect your family, express your wishes, and ensure that the people and causes you care about are looked after when you are no longer able to do so yourself.

What Happens If You Die Without a Will?

2. When a person dies without a valid will, he or she is said to have died "intestate." In Singapore, the distribution of a non-Muslim intestate estate is governed by the Intestate Succession Act 1967. The Act prescribes a fixed set of rules that determine who inherits and in what proportions. These rules apply regardless of what the deceased may have wished or verbally expressed during his or her lifetime.

2.1 The rules of distribution under the Intestate Succession Act are summarised as follows:

2.2 It is important to understand the practical implications of intestacy. The rules under the Intestate Succession Act are rigid and do not accommodate individual circumstances. Consider the following scenarios:

• If you wish to leave a larger share of your estate to one child who has greater financial needs, the Act does not permit this. All children inherit equally.
• If you are in a long-term relationship but are not legally married, your partner receives nothing under the Act. Only a legally recognised spouse is entitled to a share.
• If you wish to leave a gift to a close friend, a charity, or a religious organisation, the Act makes no provision for such bequests. Only prescribed categories of relatives may inherit.
• If you have a child from a previous marriage, the Act does not distinguish between children from different marriages. All children share equally, which may not accord with your intentions.
• If both parents pass away without a will and without appointing a testamentary guardian, the court will decide who cares for your minor children, and the court's decision may not align with your preference.

2.3 Furthermore, the process of administering an intestate estate is generally more cumbersome and time-consuming than administering an estate where the deceased left a will. Without a will, the next-of-kin must apply to the court for Letters of Administration rather than a Grant of Probate. The application for Letters of Administration typically requires the applicant to furnish two sureties (guarantors) for the administration bond, which can cause delay and inconvenience.

Who Should Make a Will?

3. The short answer is: almost everyone. Under the Wills Act 1838, any person who is at least 21 years of age and of sound mind may make a valid will in Singapore. While there is no legal obligation to make a will, it is strongly advisable for anyone who falls into one or more of the following categories:

• Property owners. If you own an HDB flat, a private condominium, or any other immovable property in Singapore, whether solely or as tenants-in-common, a will ensures that your share of the property passes to the person or persons you choose. (Note: property held as joint tenants passes to the surviving joint tenant by right of survivorship and does not form part of your estate for distribution under a will.)
• Parents of minor children. If you have children under the age of 21, a will is the proper instrument for appointing a testamentary guardian. Without a testamentary guardian, the court will determine who is responsible for your children's welfare.
• Business owners. If you own a business, whether as a sole proprietor, a partner, or a shareholder of a private company, a will can provide for the orderly succession or disposal of your business interests, thereby minimising disruption to the business and protecting the interests of your family and business partners.
• Persons with assets in multiple jurisdictions. If you hold assets in Singapore as well as overseas, you should consider making a Singapore will to cover your Singapore-situated assets and a separate will for your foreign assets. This is particularly important as the laws of succession differ from country to country.
• Persons with specific wishes. If you wish to leave a bequest to a friend, a charity, a religious organisation, or any person who would not automatically inherit under the Intestate Succession Act, a will is the only way to give effect to those wishes.
• Persons with dependants who have special needs. If you support a family member with a disability or long-term illness, a will allows you to establish a trust or make other arrangements to ensure that their care continues after your death.

3.1 It is a common misconception that only persons with substantial wealth need a will. In reality, even a modest estate (a savings account, an insurance policy or a share in an HDB flat) can give rise to complications and disputes if the owner dies intestate. The cost of making a will is modest in comparison to the peace of mind it provides.

When Should You Review Your Will?

4. Making a will is not a one-time exercise. Your will should be reviewed and, if necessary, updated whenever there is a significant change in your personal or financial circumstances. The following life events should prompt a review of your will:

• Marriage. Under Section 13 of the Wills Act 1838, a will is automatically revoked upon the marriage of the testator, unless the will was expressed to be made in contemplation of that marriage. This means that if you made a will before getting married, that will is no longer valid once you marry. You must make a new will after your marriage to ensure that your wishes are given effect.
• Divorce. Under the Wills Act 1838, marriage (including remarriage) revokes an earlier will, but divorce does not, so an existing will may still benefit or appoint your former spouse. You should review your will promptly after a divorce and make a new will if your wishes have changed.
• Birth or adoption of a child. The arrival of a new child is a significant event that should prompt a review of your will. You may wish to include the new child as a beneficiary, adjust the shares allocated to your existing beneficiaries, or appoint or update the testamentary guardian for your children.
• Acquisition or disposal of significant assets. If you purchase a new property, start a business, receive a substantial inheritance, or dispose of a major asset, you should review your will to ensure that it accurately reflects your current asset position and your wishes regarding those assets.
• Change in relationships. If your relationship with a named beneficiary, executor, trustee, or guardian changes materially (for example, a falling out with a sibling or the death of a named executor), you should update your will to substitute an alternative or remove the appointment.
• Change in the law. From time to time, the law governing wills and succession may be amended. While such changes are infrequent, it is prudent to have your will reviewed periodically by a qualified lawyer to ensure that it remains valid and effective under the current law.

4.1 As a general guide, we recommend reviewing your will at least once every three to five years, even if no significant life events have occurred. Circumstances change, and a periodic review ensures that your will continues to reflect your wishes accurately.

4.2 If you need to make changes to your will, you may do so by executing a codicil (a supplementary document that amends specific provisions of your existing will) or by revoking your existing will and making an entirely new one. For substantial changes, it is generally preferable to make a new will rather than a codicil, as this avoids potential confusion.

Common Questions