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 What is a will and why do I need to write one?
A will governs the distribution of a person’s assets after they have passed on. The person making the will would be able to specify the following:
- Who he or she wants to execute his or her wishes (the executor);
- what monies/assets he or she wishes to distribute under the will;
- the recipients of the assets (the beneficiaries) after he or she passes on; and
- the manner of distribution – in other words, what percentage of his or her assets each beneficiary will be given.
Additionally, if you have minor children, you can appoint a guardian to take care of your children as part of the will.
It’s important to write a will because it is an expression of your wishes. You will be able to dictate in precise terms your wishes for the distribution of your assets. Without a will, your estate will be distributed according to the rules on intestate succession. Typically, this is to your immediate family members.
– Nithya Devi, Family Law Practitioner, Kalidass Law Corporation
#2 Why would I need a will if I intend for my estate to be distributed to my immediate family members anyway?
Your immediate family members will certainly get a portion of your estate. It is, however, the rules on intestate succession which govern who among your immediate family members will get a portion of your estate, and in what proportion.
Drafting a will accords you the freedom to decide exactly how to distribute your estate. Unless you are completely in agreement with how the intestacy laws work, it is best to write a will, and to do it early.
– Nithya Devi, Family Law Practictioner, Kalidass Law Corporation
Kalidass Law Corporation
#19-10 SBF Center, 160 Robinson Road
6345 5001 | daslaw.com.sg
#3 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
#4 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
#5 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
#6 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
#7 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.
