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. Good will writing ensures that everything can be settled smoothly. Here, some top lawyers for wills answer some key questions.
#1 Quahe Woo & Palmer LLC
Can I change my will? And, how often should it be updated?
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.
Your will should be updated whenever you wish to reconsider your affairs. This is likely to be in tandem with significant developments in your personal life. Some examples of such developments are:
- if your marriage is dissolved – a marriage or remarriage will automatically revoke any existing will, a divorce will not;
- if you have a child or more children;
- upon the death of a loved one who was previously named as an executor or beneficiary to your will; and/or
- major changes to your financial situation such as receiving a substantial windfall.
Ultimately, there is no hard and fast rule on the frequency at which you should be 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.
– Michelle Woodworth, Director, Quahe Woo & Palmer LLC lawyers in Singapore
Quahe Woo & Palmer LLC
#02,02 Haw Par Centre, 180 Clemenceau Avenue
6622 0366 | quahewoo.com
#2 Kalidass Law Corporation
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.
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 lawyers in Singapore
Kalidass Law Corporation
#19-10 SBF Center, 160 Robinson Road
6345 5001 | daslaw.com.sg
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 the expat guide to where to live in Singapore.
