The maintenance and distribution of your assets upon death is covered by a will. 

In principle, your estate is what you own; it includes your assets, savings and possessions. A will ensure that you provide for your loved ones according to your wishes. 

You should also include in your will how you want your body to be handled upon death (e.g. funeral, burial, cremation, or for medicinal purposes).

Who can make a Will?

As long as you are 21 years and above, you can write your own will in Singapore, of sound mind and free from fraud, intimidation or undue influence.

What if you have no Will?

If you don’t have a Will, your assets will be divided in accordance to Singapore’s Intestate Succession Act.

The priority of distribution is as follows: (1) Spouse, children (2) Parents (3) Siblings (4) Grandparents (5) Aunts and Uncles.

A beneficiary who has a prior right under the Intestate Succession Act will be allowed to apply for a Letter of Administration grant to the court. This is to enable the courts to nominate personal representatives to handle and distribute the estate of the deceased.

Disadvantages of not having a Will

• Your property will not be divided according to your wishes. 
• You would not have the preference of the person who will distribute and manage your assets ( i.e. your executor(s)). The courts would appoint personal representatives instead. 
• You can’t decide who the guardian of your children is. 
• If you are in the process of divorcing without a final judgement, your surviving partner could be entitled to a large portion of your estate.

How to Gift your Beneficiaries?

You can provide for: 

1. Relevant gifts (relevant objects and properties) 
2. Residual gifts (remnants of your estate after distribution of particular gifts and payment of debts) 
3. Substitutional gifts (where the original beneficiary can not receive his or her portion to which the gift may be offered) 
4. Joint Gifts (gifting to two individuals of a single asset)
5. Trusts (where your appointed trustees help to retain or use a certain portion of your property to support your unique beneficiary(s) that may include minors or people without mental ability)

How to Gift your Beneficiaries?

You can provide for: 

1. Relevant gifts (relevant objects and properties) 
2. Residual gifts (remnants of your estate after distribution of particular gifts and payment of debts) 
3. Substitutional gifts (where the original beneficiary can not receive his or her portion to which the gift may be offered) 
4. Joint Gifts (gifting to two individuals of a single asset)
5. Trusts (where your appointed trustees help to retain or use a certain portion of your property to support your unique beneficiary(s) that may include minors or people without mental ability)

Alterations to your Will

Once every few years, it is good practice for you to review your Will to ensure that it really represents your most recent intentions in the management and distribution of your assets. 

Adjust your Will to represent new relationships or relationships that you have come to trust more over time should be considered.

It is necessary to remember that once you get married, unless you have stated your intention to marry in your Will, any Will done prior to your marriage will immediately be invalidated. However, in the case of a divorce, any Will that was made prior to the divorce will remain intact.

Contesting a Will

With regard to the Singapore Inheritance (Family Provision) Act, you will contest a Will if you are dependent on the deceased and the Will of the deceased or the Intestacy Act does not provide for you sufficiently. By making an application to the court for a maintenance order to alter the distribution of the estate of the deceased, you will contest the Will:

1.   The Act does not apply to Muslims
2.   The Act specifies who qualifies as a dependent
3.   The Act specifies that such an application has to be made no longer than 6 months from the time of the execution of the will subjected to the court’s discretion
4.   The courts will use their discretion to determine whether a maintenance should be allowed, taking into consideration (a) your past, present or future financial situation (b) your conduct in relation to the deceased (c) whether or not the deceased intentionally refrained from apportioning a part of his estate to you (d) any other relevant matters.

Legal services in Singapore with regard to Wills

MAKING OF WILL

Instead of writing your own, you are strongly encouraged to employ a lawyer to write your will. This is because your handmade will could be rendered ineffective due to errors in writing or because its validity is contested.

Employing Law Firms as Professional Executors

You may want to rely on professional executors, such as law firms, to be your executors, if you can not find anyone responsible and whom you completely trust to handle and distribute your assets.

Legal Advice

• In regards to how the courts can alter the ability to pay out maintenance, an estimation of the payment and the methods of payment from the estate of the deceased.

• With regard to the application for Grant of Probate and Grant of Letters of Administration as they involve complex legal procedures and issues.
• With regard to the alteration of your will. Your lawyer will be in a position to advise you about whether a codicil is appropriate or whether you can make a new will. You are advised against modifying your will by cancelling those sections or adding clauses, as if the modifications do not comply with the legitimate process, the will may be invalidated.