Making a will in Singapore is fundamental to responsible estate planning. While the general concept of drafting a will to distribute assets according to your wishes is understood, many first-time testators overlook critical nuances. Standard will-writing services in Singapore often focus solely on basic legal requirements.
Without a valid will, your assets will be distributed under Singapore’s Intestate Succession Act, potentially bypassing your true intentions or leaving loved ones inadequately provided for.
At Bhavini S Law Practice, we empower clients with comprehensive knowledge. This article explores five essential, yet frequently misunderstood, legal facts about making a will in Singapore. These insights offer a more profound understanding, helping you avoid common pitfalls and ensuring your estate planning is truly reliable.
Key Takeaways
- A Codicil offers a flexible way to amend your will without rewriting it entirely.
- Registering your will with the Wills Registry maintained by the Singapore Academy of Law, is optional, but it can help your loved ones discover your Will if you have not shared it with them prior to your death.
- A Letter of Wishes allows for personal guidance to your executor, beyond legal mandates.
- Jointly-owned assets often bypass your will due to the rule of survivorship.
- A Residuary Clause ensures all your remaining assets are distributed according to your wishes, preventing partial intestacy.
1.The Codicil: Will Amendments
When considering will writing in Singapore, many assume that any change to an existing will necessitates the creation of an entirely new legal document. This is not always the case. You can amend an existing will by way of a Codicil without revoking your original will.
What exactly is a Codicil?
A Codicil is a supplemental legal document that serves to explain, alter, or add to a previously made will. It forms part of the original will and must be executed with the same legal requirements as the will itself, meaning it must be in writing, signed by the testator, and attested by two witnesses who are not beneficiaries or spouses of beneficiaries.
When is a Codicil appropriate?
A Codicil is best suited for minor changes, such as altering a specific gift, updating an executor’s details, or adding a small beneficiary. For instance, if you wish to include a new grandchild as a minor beneficiary for a specific sum, a Codicil can achieve this efficiently. It offers a more cost-effective and less time-consuming solution than completely redrafting your will.
However, caution is paramount. While Codicils offer flexibility, they can lead to confusion if the amendments are extensive or complex. A poorly drafted Codicil, or multiple Codicils, can create ambiguities or even contradictions with the original will, potentially leading to disputes among family members or challenges during probate.
It is also important to note that when your Executor applies for probate, he or she must produce the original Will and Codicil to the Court.
Note: For significant life changes, such as marriage (which automatically revokes a prior will unless made in contemplation of that marriage), divorce, or the acquisition of substantial new assets, it is almost always advisable to draft a new will with the help of a wills lawyer.
2.The Wills Registry in Singapore: To Register or Not to Register?
Is it mandatory to register particulars of your will with the Singapore Academy of Law (SAL), which maintains the Wills Registry? No, it is not. This is a common misconception among those looking to write a will in Singapore.
The Wills Registry, managed by SAL under the Ministry of Law, provides a secure and confidential service for individuals to deposit information about their will, such as the date it was made, the name of the will-writing service in Singapore or the lawyer who drafted it, and its physical location. Crucially, the Registry does not store the will itself, nor does registration affect its validity. Failure to register does not invalidate the Will.
Why consider a registration in the Wills Registry in Singapore?
The primary benefit of registering your will particulars is to ensure your loved ones or appointed executor can easily locate your will after you pass away. This is particularly useful in situations where:
- Family members may be unaware that you have made a will, or where it is stored.
- You wish to maintain privacy about your will’s contents during your lifetime.
- You have no close relatives, or your executor resides outside of the country.
Imagine a scenario where you have diligently made a will, clearly outlining how you want to distribute your assets according to your instructions. Still, your executor or next of kin cannot locate the Original Will you made.. This can result in your estate being considered intestate, meaning your assets will be distributed according to the Intestate Succession Act in Singapore, regardless of your actual wishes.
The SAL Wills Registry offers a practical solution to prevent such an oversight, ensuring your carefully considered estate planning efforts are not in vain.
3.The Letter of Wishes: Guiding Your Executor Beyond the Will’s Legal Scope
While your will is a legally binding instrument for the distribution of your assets, certain personal wishes and instructions are best communicated through a separate, non-legally binding legal document known as a Letter of Wishes.
What is a Letter of Wishes?
It is a private document, often addressed to your executor or trustee, providing guidance on how you would like certain non-legal matters handled or offering additional context to decisions made in your will. Unlike a will, a Letter of Wishes is not subject to probate, and its contents are generally not legally enforceable. Instead, it relies on the goodwill and discretion of your executor to carry out your wishes.
When is a Letter of Wishes useful?
This document shines in its ability to provide flexible, personal instructions for matters that are too informal, too sensitive, or too subject to change to be included in a rigid legal document like a will. Examples include:
- Funeral Arrangements: Specific requests for your funeral, burial, or cremation.
- Care of Pets: Detailed instructions for the ongoing care of your beloved pets.
- Distribution of Sentimental Items: Guidance on how to distribute items of sentimental value that don’t have significant monetary worth (e.g., family photos, specific trinkets).
- Reasons for Dispositions: Explanations for specific bequests in your will, which can help reduce potential friction among loved ones.
- Digital Assets: Instructions and access details for digital accounts, social media, and online subscriptions.
- Minor Children’s Upbringing: Preferences regarding the upbringing, education, or religious instruction for your minor children (though the will legally appoint a guardian to take care of them).
A Letter of Wishes mustn’t contradict your will. If there’s a discrepancy, the will, as the legally binding document, will always take precedence. It’s a tool for nuance and personal guidance, not for overriding legal instructions.
Example from Bhavini S Law Practice’s experience
We often advise clients seeking professional will-writing services to consider a Letter of Wishes in addition to their will. For instance, where a client wants to ensure a specific charity received funds from his estate for r a particular project or cause within the charity. While the will stipulates the charitable gift, the Letter of Wishes can provide detailed instructions regarding the specific project and how the estate funds should be used, , trusting the appointed trustee to carry out his wishes..
4.Joint Assets: How Does the Rule of Survivorship Affect Your Will?
A common misconception when making a will in Singapore is that your will dictates the distribution of all your assets, whether you own the assets solely or in joint names. However, this is not always the case, especially for jointly owned property. In the absence of a trust, the “rule of survivorship” takes precedence over your will by default.
What is the Rule of Survivorship?
For assets held in joint names, e.g. property or bank account, when one owner passes away, their share automatically passes to the surviving joint owner(s). This transfer happens outside the probate process and is not governed by your will.
Consider this scenario: You hold a bank account in the joint names with your spouse.. When you pass away, your spouse will automatically become the sole owner of all the funds in that account. Even if your will explicitly states that the monies in this joint account should be gifted to your mother as a beneficiary, the bank will not allow your mother to claim those funds. The rule of survivorship applies, bypassing your will.
This principle extends to HDB flats or private property held as joint tenants. Upon the death of one joint tenant, the property automatically vests in the surviving joint tenant(s). Your will cannot override this legal mechanism unless the rule of survivorship is set aside by establishing a trust.
What can be done?
- Identify Joint Assets: Review all your assets, including bank accounts, investment portfolios, and properties, to determine if they are held in joint names or for immovable properties under joint tenancy or tenancy-in-common.
- Tenancy-in-Common: If property is held as tenancy-in-common, each owner holds a distinct share, which can be bequeathed through their will.
- Severing Joint Tenancy: For property, it is possible to “sever” a joint tenancy to convert it into a tenancy-in-common during your lifetime, allowing you to distribute your share via your will. This is a significant legal step that requires legal advice and agreement from all joint owners.
- Trust Declarations: For joint bank accounts, if you intend for your share to be distributed differently, you might need to establish a specific trust declaration during your lifetime to clarify beneficial ownership.
Understanding how property under joint tenancy operates is critical for effective estate planning. Failing to account for this can lead to unintended consequences, where your assets will be distributed contrary to your express wishes, potentially causing distress among family members. We guide clients through these complexities, ensuring that the distribution of your assets are effectively carried out according to your wishes by drafting a comprehensive and legally binding will
5.The Residuary Clause: What Happens to “Everything Else” in Your Estate?
When drafting your will in Singapore, it’s natural to focus on specific gifts. For example, who gets your house, your car, or a particular sum of money? However, a frequently underestimated, yet fundamentally crucial, component of any well-drafted will is the “residuary clause.”
What is the Residuary Clause?
The residuary clause is the catch-all provision in your will that deals with the “residue” of your estate, which essentially is everything that remains after all specific gifts have been distributed, debts and taxes have been paid, and funeral expenses have been settled. It ensures that no part of your estate is left unaddressed.
Why is the Residuary Clause so important?
- Prevents Partial Intestacy: Without a residuary clause, any assets not specifically mentioned in your will (or those that cannot be distributed due to a beneficiary predeceasing you without a substitute named) would be treated as if you passed away without a will, becoming partially intestate. These remaining assets will be distributed according to Singapore’s Intestate Succession Act, which is unlikely to align with your intentions.
- Covers Future Assets: It automatically encompasses any assets you acquire after the date you draft your will. This saves you the trouble of continually updating your will for every new acquisition.
- Avoids Disputes: By clearly designating who receives the remainder of your estate, it significantly reduces the likelihood of arguments among loved ones over unaddressed assets or those with unclear ownership.
Imagine you made a will years ago, listing specific gifts. Since then, you’ve accumulated significant new investments, received an inheritance, or perhaps a named beneficiary has passed away. Without a residuary clause, these new assets or the portion intended for the deceased beneficiary would fall outside your will’s control, leading to an intestate distribution for that portion of your estate.
A well-structured residuary clause is a hallmark of comprehensive estate planning, providing clarity and ensuring that your final intentions for your entire estate are honoured, according to your wishes.
Make a Will in Singapore with Bhavini S Law Practice
Creating a will is a responsible act of estate planning, but simply having one is often not enough. Understanding crucial details, such as Codicils, the Wills Registry, Letters of Wishes, joint assets, and the residuary clause, transforms basic will-writing in Singapore into a truly robust strategy.
Navigating these nuances requires expertise. While many will-writing services in Singapore offer templated solutions, your situation is unique.
Bhavini S Law Practice provides precise and comprehensive legal advice on will writing in Singapore. Our experienced lawyer guides you from the initial drafting of your Will to ensuring your estate is distributed according to your wishes. Schedule a consultation today to begin drafting your will and secure your future, as well as that of your loved ones.
FAQs on Making a Will in Singapore
What are the key legal requirements for making a valid will in Singapore?
To ensure your will is legally valid and enforceable in Singapore, you must:
- Meet eligibility: Be at least 21 years old, of sound mind, and acting voluntarily.
- Follow formalities: Your will must be in writing, signed at the end by you (the testator), and witnessed by two individuals who are not beneficiaries or spouses of beneficiaries.
- Appoint an executor: Choose one or more trusted persons (or a professional) to administer your estate.
- Understand exclusions: CPF savings, joint property, and insurance with named nominees are not covered by a will.
- Review regularly: Update your will after major life events, such as marriage, divorce, childbirth, or the acquisition of new assets.
For peace of mind, working with Bhavini S Law Practice ensures your will is drafted correctly and complies fully with the Wills Act.
Are CPF savings included in my will?
No. CPF monies do not fall under your estate and cannot be distributed through your will. You must make a separate CPF nomination with the CPF Board. At Bhavini S Law Practice, we guide clients in handling both will drafting and CPF nominations, ensuring their entire estate is accounted for.
Does marriage or divorce affect the validity of my will?
Yes. Marriage automatically revokes an existing will. Divorce does not revoke a will, which means your ex-spouse could still inherit if not updated. Bhavini S Law Practice regularly advises clients to review their wills after major life changes.
What happens if I die without making a valid will in Singapore?
If you pass away without a valid will, your assets will be distributed under the Intestate Succession Act. This may not reflect your true wishes and can create unnecessary stress for your family. By engaging Bhavini S Law Practice, you ensure your estate is protected and your loved ones are provided for.