Making a will in Singapore – which lawyers?

Lawyers answer key questions about making a will in Singapore

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 about making a will in Singapore. Getting a good will lawyer when will writing ensures that everything can be settled smoothly. Here, some top lawyers for wills answer some key questions.

#1 LP Law Corporation in Singapore

How to navigate estate administration?

Administering a loved one’s estate can feel overwhelming, especially during such an emotionally challenging time. However, understanding the process in Singapore can help ensure a smoother experience.

• If the deceased left a valid will, the executor named in the document must apply for a Grant of Probate from the Singapore courts. This legal document authorises the executor to manage and distribute the deceased’s assets in accordance with the will.
• When there is no will, an administrator must step in to handle the estate. In these cases, Letters of Administration are required. Priority to apply is given to immediate family members, such as the spouse or children. The estate will be distributed according to the Intestate Succession Act.

For individuals dealing with cross-border estates, the process will be different. If the original Grant of Probate or Letters of Administration was issued in a Commonwealth country or Hong Kong, the Singapore courts can reseal the grant, making it valid locally. Resealing validates the foreign document, enabling the executor or administrator to manage Singapore-based assets. For grants from non-Commonwealth or non-Hong Kong jurisdictions, a fresh court application is necessary.

Proper legal authorisation is crucial to accessing and managing the deceased’s assets. Without it, delays, disputes or legal complications may arise, further complicating an already difficult time. By understanding and adhering to the necessary procedures, you can ensure that the estate administration process is carried out lawfully and efficiently, providing peace of mind to all involved.

– Timothy Wu, Director, LP Law Corporation  

LP Law Corporation, Advocates & Solicitors
#19-06 Parkway Parade, 80 Marine Parade Road
6970 4184 | lplaw.com.sg

#2 Legal Expat Singapore

Why do I need a will for assets in multiple countries?

If you have a cross-border footprint, having a valid will is essential for ensuring your assets are distributed according to your wishes after you pass. Otherwise, your estate could be subjected to different inheritance laws in each jurisdiction.

It may be appropriate to have separate wills in each country, ensuring local laws are complied with. Common law jurisdictions like the UK or Australia tend to recognise foreign wills more easily than civil law jurisdictions like France or Indonesia. Separate wills for each country helps avoid conflict.

If you pass away in Singapore without a will, your assets will be distributed according to Singapore’s intestacy laws or the local equivalent where the asset is based. This can result in unintended consequences. A clear, legally valid will gives your family certainty and control during an already difficult time.

Your will can cover a wide range of assets including personal possessions, investments and shares, digital assets like crypto, trusts and provisions for business interests. Will lawyers can provide advice on how assets like joint bank accounts are held, ensuring that everything is properly covered.

We recommend reviewing your will every three to five years, or whenever there’s a major life event such as marriage, divorce, the birth of a child, relocating to a new country or a significant change in your assets. It’s also worth revisiting your will if the laws in your home country or country of residence change. A will lawyer can help you assess whether a full rewrite is needed or if a simple amendment will do.

– will lawyers at Legal Expat Singapore  

Legal Expat Singapore
#13-26 Vision Exchange, 2 Venture Drive
8093 4393 | info@legalexpat.sg | legalexpat.sg

#3 Phoenix Wills

As an expat in Singapore, what are the practical considerations around setting up wills?

A will must be in writing, signed by the testator, and witnessed by two independent adults. It should clearly identify beneficiaries, appointed executors and, if applicable, guardians for minor children.

Many expats hold property or investments outside of Singapore. It’s important to ensure that a Singapore will complements any foreign wills and complies with local rules in each jurisdiction. Ideally, you would use a will writer who can set up your wills across all jurisdictions where you have assets. This ensures that all your wills work with one another. It’s also important not to neglect other ancillary documents, such as your “estate details” or “list of assets” so that your executors know what constitutes the estate that they are to manage.

For parents of minor children, appointing guardians and trustees is a key consideration. This ensures children are cared for according to your wishes and that any inheritance is managed responsibly until they reach adulthood.

Life changes, such as marriage, the birth of children or property purchases, can affect your will. Regular reviews help ensure it reflects your current circumstances and intentions.

While drafting a will can feel daunting, breaking it down into these practical steps can make the process much clearer. Understanding what’s involved and planning ahead is the best way to protect your family and assets.

– Lucy d’Ambrumenil, Director, Phoenix Wills

Phoenix Wills
Levels 6-8 Afro-Asia i-Mark, 63 Robinson Road
8669 6345 | phoenix-wills

#4 Kalidass Law Corporation

Why do I need to write a 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, your immediate family members will certainly get a portion of your estate. However, the rules on intestate succession govern who among your immediate family members will get a portion of your estate, and in what proportion. Making 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.

Kalidass Law Corporation
daslaw.com.sg

#5 Quahe Woo & Palmer LLC

After making a will, can I change it? 

You can change your will at any time as long as you have mental capacity. If the amendments are substantial, you are encouraged to write a fresh will which will revoke all of your previous wills. If the amendments are minor, you can consider writing a codicil, which instead serves as a supplement to your original will. Ultimately, there is no hard and fast rule on updating or making a will. Your will should nevertheless be updated whenever your wishes change to avoid any potential dispute amongst your loved ones and beneficiaries upon your demise.

Quahe Woo & Palmer LLC
quahewoo.com

This roundup on making a will in Singapore does not constitute legal advice or a legal opinion on any matter discussed. Accordingly, it should not be relied upon for will writing or making a will, as each case is fact-specific. For more helpful tips, head to our Living in Singapore section. And don’t miss our expat’s guide to where to live in Singapore!