Wills

Upon death without a will, you have effectively given up your right to decide how your assets are distributed. Your loved ones may be burdened because:

1. An administrator, usually a next-of-kin, must step forward to apply for the Letter of Administration before he/she can distribute the estate according to the Intestate Succession Act. As such, there may be serious disagreements as to whom should do so.
2. The process may be more time-consuming as the administrator may not be ready with the required information on the estate, have no time or find it too complicated. There are cases where no one is willing to step forward to be the administrator due to uncertainties in the estate’s liabilities. There are also cases where several people want to be the administrator due to the large amount of assets at stake, sometimes for the wrong reasons.
3. If there are young children involved or if your estate’s value is above a certain threshold, 2 sureties are needed before the court would grant the letter. The sureties must swear an affidavit certifying their worth is equal or more than the total value of your estate.
4. On the unfortunate occasion that both parents pass on at the same time, there may be great uncertainty as to whom should take on the responsibilities of guardianship to your children.

* “issue” - includes children and the descendants of deceased children.

You need to be at least 21 years old and of sound mind to write a will. There is no need for your will to be drafted, approved or witnessed by a lawyer as long as your will fulfils the legal requirements. To be of a sound mind or have the testamentary capacity:

1. You should understand the nature of the act and what the consequences are;
2. You know and approve the contents of the will, nature and extent of properties;
3. You know who your beneficiaries are and can appreciate their claims on your properties; and
4. You are free from an abnormal state of mind that might distort feelings or judgements relevant to making the will.

All you have to do is print it out and sign off at the end of the Will and at the bottom of every page and have your witnesses sign the same as well. Beneficiaries under the will and their spouses are prohibited from signing as witnesses. Remember, you must ensure that all signatures are witnessed in person by all parties (ie your two witnesses and yourself must all sign in the presence of one another at one sitting). Date the will immediately thereafter. You will then have a valid will!

The following assets cannot be distributed via a will:

1. CPF balances will be distributed according to your CPF Nomination if you have made one. If you do not make a CPF nomination, your money will be paid to the Public Trustee in Singapore, who will pay it out in accordance with the Intestate Succession Act. Read more on the CPF website and download the form here https://www.cpf.gov.sg/Members/Schemes/schemes/other-matters/cpf-nomination-scheme
2. Proceeds of insurance policies will go to the beneficiaries nominated in the insurance policies. If you do not make a nomination, the proceeds will form part of your estate to be distributed according to your will or if no will is done, it will be distributed in accordance with the Intestate Succession Act.
3. Property under Joint Tenancy – the property will be passed over to the survivor joint tenant. For example, if you own a property as joint tenants with your spouse, in the event that you pass on, your spouse will inherit the property wholly. For real-estate properties that are held as joint tenants, these properties cannot be passed on through the operation of a will.
4. Generally-speaking, the assets in joint-bank accounts and joint-stock brokerage accounts would also be payable to the surviving account holder. However, due to different clauses with regards to these accounts, in some cases, these assets may form part of the estate to be distributed according to your will or the Intestate Succession Act.