Who will take care of the kids if one, or even both, of us pass away? And, who will get the house, or the money we have in the bank? It’s important to think about these kinds of questions, and know where to get a will drawn up. Making a will in Singapore ensures that everything can be settled smoothly if anything were to happen to you or your partner. Here, some top lawyers answer our questions about will writing and how wills work here.
#1 Do I need a will even if I haven’t had kids?
Making a will in Singapore is important, even if you don’t have children. If you pass away unexpectedly, there may be other people who you’d like to inherit your assets. If you don’t have a will, your assets will be distributed according to the provisions of the Intestate Succession Act. This may result in your assets being inherited by certain family members who you may not wish to inherit them. Similarly, it could mean that those people you want to inherit your assets can’t do so.
Also, even if you have no issues with your assets being distributed according to the Intestate Succession Act, the court process for the relevant beneficiaries to get access to your assets can be much more cumbersome than if you had left a will.
– Suang Wijaya, Partner, Eugene Thuraisingam LLP
#2 Can I change my will? And, how often should it be updated?
You can change your will at any time. Generally, your will should be updated whenever there are significant developments in your personal life – for example, if you get divorced or have children – or your financial situation.
– Suang Wijaya, Partner, Eugene Thuraisingam LLP
Eugene Thuraisingam LLP
#07-06 The Adelphi, 1 Coleman Street
6557 2436 | thuraisingam.com
#3 What’s the difference between a living will and a trust?
A trust is an arrangement set up through professional trust firms or wealth managers; it outlines how an individual’s assets are to be distributed subject to specific terms and conditions. A trust goes into effect as soon as it is created, and can be used to manage or distribute assets at any time before or after death. Conversely, a will can only take effect after your death.
– Sarah-Mae Thomas, Managing Director, Sarah-Mae Thomas LLC
#4 What are Letters of Administration and when are they needed?
If your loved one has passed on in Singapore without a will (intestate) and there is property (known as the estate) left behind, it will be distributed according to intestacy laws in Singapore, or according to Muslim inheritance laws for Muslims. If the deceased has property overseas, immovable property like houses should be distributed according to the intestacy law of the relevant country. You will need to apply for a document called a Letter of Administration from the Family Justice Court in Singapore in order to handle your loved one’s assets.
The Court may appoint up to four administrators for the Letter of Administration. If one or more of the beneficiaries of the estate is below 21 years, at least two administrators must be appointed. As there can be a fair amount of paperwork involved, it’s best to get lawyers to handle the process.
– Sarah-Mae Thomas, Managing Director, Sarah-Mae Thomas LLC
Sarah-Mae Thomas LLC
#08-168 The Central (Soho 2), 12 Eu Tong Sen Street
6602 9588 | sarahmaethomasllc.com
#5 My spouse and I wish to draft identical wills so our assets can be given to each other. Can we create a will together?
A joint will is a single will executed by both parties. Upon the death of one spouse, the surviving spouse is bound to the effects of the joint will to ensure that the assets are distributed according to the joint wishes stated in the will. An individual in a joint will would not be able to revoke or amend the will, unless with the consent of both parties. Even if a new individual will is created by one of the parties, it would not supersede the joint will.
Alternatively, you can get individual wills that mirror one another. This will allow each party to revoke or amend his or her personal will at any time.
– Spencer Chew, Senior Legal Associate, Consilium Law Corporation
Consilium Law Corporation
#16-02 Shaw Centre, 1 Scotts Road
6235 2700 | consiliumlaw.com.sg
#6 Can my will cover property and assets across different countries?
Wow, this is a difficult question. The simple answer would be no, unless it meets certain criteria – and even then, only maybe. The world has two legal systems: common law and civil law. In common law countries, wills are followed as long as they are made correctly and are witnessed by the right number of people. Most (but not all) would accept a will made in another common law country as long as it meets that country’s criteria. In civil law countries, the distribution of assets tends to be laid down in that country’s law. Some would recognise wills from another country as long as it doesn’t override local law.
If you have assets in different countries or jurisdictions, it’s best to get advice from professionals. They will let you know if you need a separate document for your specific asset. In some cases, each will or document must be mentioned in both so they don’t make the other invalid.
– Chris Potter, Director and Financial Planner, Chartwell Associates
Chartwell Associates
48A Circular Road
9 Raffles Place, Level 58, Republic Plaza
6225 5707 | chartwell-associates.com
This article does not constitute legal advice or a legal opinion on any matter discussed; accordingly, it should not be relied upon, as each case is fact-specific.
For more helpful tips, head to our Living in Singapore section.
