Will Signing Requirements in Singapore

Will signing, also called execution, is the step that makes a will legally valid. Under section 6 of the Wills Act 1838, the will must be in writing and signed by the testator (or by another person in the testator's presence and at the testator's direction). The signature must be made or acknowledged before two witnesses who are present at the same time, and each witness must then sign the will in the testator's presence.

Legal Requirements Under the Wills Act 1838

For a will to be valid in Singapore, it must be executed in accordance with the formalities prescribed by Section 6 of the Wills Act 1838. The key requirements for valid execution are as follows:

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

Failure to comply with any of these requirements may render the will invalid and unenforceable.

Testamentary Capacity

In addition to the formal requirements under the Wills Act 1838, the testator must possess testamentary capacity at the time the will is executed. This means:

• The testator must understand the nature of making a will and its effects.
• The testator must know the extent of their property being disposed of.
• The testator must understand the claims of those who might expect to benefit from the will.
• The testator must not be suffering from any disorder of the mind that influences their decisions regarding the distribution of their estate.

If there are concerns about the testator's mental capacity, it is advisable to obtain a medical opinion confirming that the testator possesses testamentary capacity at the time of signing.

Absence of Undue Influence

The will must reflect the testator's true intentions. For the will to be valid:

• The will must be made freely and voluntarily, reflecting the testator's genuine wishes.
• No person should coerce or unduly pressure the testator into making the will or including specific provisions.

A will that is procured through undue influence may be challenged and set aside by the courts.

Role of Witnesses

Witnesses play a crucial role in the valid execution of a will. The requirements for witnesses are as follows:

• Two witnesses are required for the valid execution of a will.
• Both witnesses must be present at the same time when the testator signs the will.
• Both witnesses must see the testator sign the will (or acknowledge their signature).
• Both witnesses must then sign the will in the presence of the testator.
• Witnesses should not be beneficiaries named in the will, nor the spouses of beneficiaries.

What Happens at the Signing Appointment at Loh Eben Ong LLP

When you attend a will signing appointment at our office, the process is carried out methodically to ensure full compliance with the Wills Act 1838:

1. The lawyer explains the will to the testator, going through each clause to ensure it is fully understood.
2. The testator confirms that the will accurately reflects their wishes and instructions.
3. The testator signs the will in the presence of two witnesses provided by our office. You do not need to bring your own witnesses.
4. Both witnesses sign the will in the presence of the testator.
5. The will is formally executed and the signing process is complete.

Our lawyers ensure that all legal formalities are strictly observed so that the will is properly executed and enforceable.

Common Mistakes That Invalidate a Will

The following are common mistakes that can render a will invalid or cause unintended consequences:

• Signing without two witnesses present: the will must be witnessed by at least two persons.
• Witnesses not present at the same time: both witnesses must be present simultaneously when the testator signs.
• Beneficiary or spouse of beneficiary acting as witness: the gift to that beneficiary becomes void under Section 10 of the Wills Act 1838.
• Testator not signing every page: while not strictly required by statute, it is best practice to sign every page to prevent disputes over the integrity of the document.
• Making amendments after execution without proper formalities: any alterations to an executed will must comply with the same formalities as the original execution, or be made by way of a codicil.
• Not having testamentary capacity: the testator must possess the mental capacity to understand the nature and effect of making a will at the time of signing.

Common Questions