Writing a will is one of the most important financial decisions you can make for your family. Yet, studies show that over 70% of Singaporeans do not have a valid will. This comprehensive guide walks you through everything you need to know about creating a legally valid will in Singapore.
What is a Will and Why Do You Need One?
A will is a legally binding document that specifies exactly how you want your assets distributed after your death. Without one, your estate will be distributed according to Singapore's Intestate Succession Act - which may not align with your wishes at all.
Consider this scenario: Mr. Tan, a 45-year-old Singaporean, passes away without a will. He has a wife, two children, and elderly parents who depend on him financially. Under intestate rules, his wife receives only half of his estate, while his children share the other half equally. His parents - whom he had been supporting - receive nothing. Had Mr. Tan written a will, he could have ensured his parents were provided for.
Key Reasons to Write a Will
- Control over asset distribution: You decide who gets what, in what proportions, and under what conditions
- Appoint guardians for minor children: Perhaps the most critical reason for parents - you choose who raises your children if both parents pass away
- Minimize family disputes: Clear instructions reduce the likelihood of costly and emotionally draining legal battles
- Faster estate settlement: With a valid will, the probate process is typically faster and smoother
- Protect vulnerable beneficiaries: Set up trusts for children, elderly parents, or beneficiaries with special needs
- Tax and financial planning: Structure your estate to minimize costs and maximize what your beneficiaries receive
Legal Requirements for a Valid Will in Singapore
Under the Wills Act (Chapter 352), a will must meet specific requirements to be legally valid in Singapore. Failure to meet any of these requirements can render your entire will invalid.
1. Age Requirement
You must be at least 21 years old to make a valid will in Singapore. There is one exception: individuals below 21 who are or have been married can make a will.
2. Mental Capacity (Testamentary Capacity)
You must be of "sound disposing mind" when making your will. This means you must:
- Understand that you are making a will and its effects
- Know the nature and extent of your assets
- Be aware of the people who might have claims on your estate
- Be free from any mental disorder that affects your judgment
If there are concerns about mental capacity (for example, if you have been diagnosed with dementia), it's advisable to obtain a medical assessment before making your will.
3. Written Form
Your will must be in writing. This can be typed or handwritten - there is no requirement for it to be typed. However, typed wills are generally clearer and reduce the risk of disputes over illegible handwriting.
4. Signature Requirements
You must sign your will at the foot or end of the document. If you are physically unable to sign, you can direct someone else to sign on your behalf in your presence. A thumbprint is also acceptable.
5. Witness Requirements
Your signature must be witnessed by two witnesses who are present at the same time. Both witnesses must then sign the will in your presence. Critical rules for witnesses:
- Must be at least 21 years old
- Must not be beneficiaries of the will (or their gifts become void)
- Must not be spouses of beneficiaries
- Should be of sound mind
- Should be able to see (to witness the signature)
Important Warning
If a beneficiary or their spouse acts as a witness, the gift to that beneficiary becomes void - though the rest of the will remains valid. This is one of the most common mistakes in DIY wills.
What to Include in Your Will
A comprehensive will should address all of the following elements:
1. Appointment of Executor(s)
Your executor is the person responsible for carrying out the instructions in your will. They will:
- Apply for the Grant of Probate
- Identify and collect all your assets
- Pay any outstanding debts, taxes, and funeral expenses
- Distribute assets to beneficiaries according to your will
Choose someone trustworthy, organized, and ideally younger than you. Many people appoint their spouse, an adult child, a trusted friend, or a professional (such as a lawyer or trust company). You can appoint up to four executors, and it's wise to name an alternate in case your first choice is unable or unwilling to act.
2. Beneficiaries and Asset Distribution
Clearly identify who will receive your assets and in what proportions. Be as specific as possible:
- Use full legal names and relationship (e.g., "my daughter, Sarah Tan Li Ling, NRIC S9012345A")
- Specify percentages or specific items (e.g., "50% of my estate" or "my property at 123 Orchard Road")
- Include contingency beneficiaries (e.g., "If my daughter predeceases me, her share shall go to her children equally")
3. Guardians for Minor Children
If you have children under 21, you can appoint a guardian to care for them if both parents pass away. Consider:
- Someone who shares your values and parenting philosophy
- Their age, health, and financial stability
- Their relationship with your children
- Whether they are willing to take on this responsibility
Always discuss this with potential guardians before naming them in your will.
4. Trusts (If Applicable)
You may want to set up a testamentary trust for:
- Minor children: To hold their inheritance until they reach a specified age (e.g., 25 or 30)
- Beneficiaries with special needs: To provide ongoing care without affecting their eligibility for government benefits
- Spendthrift beneficiaries: To protect assets from being quickly depleted
5. Specific Gifts and Legacies
You can leave specific items or sums to individuals or organizations:
- Jewelry, artwork, or family heirlooms
- Specific cash amounts
- Donations to charities
6. Residuary Clause
This crucial clause covers everything not specifically mentioned elsewhere in your will. Without it, unmentioned assets may be distributed according to intestate rules.
Will Writing Costs in Singapore: Complete Breakdown
Will writing costs vary significantly based on complexity and the type of service you choose:
| Service Type | Cost Range | Best For |
|---|---|---|
| Online DIY Platforms | $0 - $199 | Simple estates, single property, straightforward distribution |
| Will Writing Services | $200 - $500 | Moderate complexity, some guidance needed |
| Law Firm (Simple Will) | $300 - $800 | Legal advice, straightforward needs |
| Law Firm (Complex Will) | $800 - $2,500+ | Multiple properties, trusts, business interests, overseas assets |
| Comprehensive Estate Planning | $2,500 - $10,000+ | High-net-worth individuals, complex family structures, tax planning |
Factors That Affect Cost
- Number of properties: Multiple properties, especially overseas ones, add complexity
- Business interests: Shares in companies require careful structuring
- Trusts: Setting up testamentary trusts increases costs
- Family complexity: Blended families, dependents with special needs
- Cross-border issues: Assets or beneficiaries in multiple countries
Step-by-Step Process to Write Your Will
Step 1: Take Stock of Your Assets
Create a comprehensive list including:
- Real estate (HDB, private property, overseas property)
- Bank accounts and fixed deposits
- CPF savings (note: requires separate nomination)
- Insurance policies (check if they have nominations)
- Investments (stocks, unit trusts, bonds)
- Business interests
- Vehicles
- Valuable personal items (jewelry, art, collectibles)
- Digital assets (cryptocurrency, online accounts)
Step 2: Decide on Beneficiaries
Think carefully about who should receive your assets and in what proportions. Consider:
- Immediate family (spouse, children, parents)
- Extended family members
- Friends
- Charitable organizations
Step 3: Choose Your Executor and Guardian
Have honest conversations with the people you want to appoint. Being an executor is a significant responsibility - they should understand and accept the role.
Step 4: Draft the Will
You can use an online platform, will writing service, or engage a lawyer depending on your situation's complexity.
Step 5: Execute the Will Properly
Sign your will in the presence of two witnesses, who then sign in your presence. Keep the original in a safe place.
Step 6: Store Safely and Inform Your Executor
Store options include:
- Home safe (tell executor the location)
- Bank safe deposit box (can cause access issues)
- With your lawyer
- Singapore Academy of Law's Wills Registry
Common Mistakes to Avoid
1. Not Updating Your Will
Review your will every 3-5 years or after major life events:
- Marriage or divorce
- Birth or adoption of children
- Death of a beneficiary or executor
- Significant change in assets
- Change in relationship with beneficiaries
2. Forgetting About CPF
Your CPF savings are not covered by your will. You must make a separate CPF nomination at cpf.gov.sg. Without a nomination, your CPF goes into your estate and is distributed according to intestate rules.
3. Using Beneficiaries as Witnesses
This invalidates their gift. Always use independent witnesses.
4. Vague Language
Be specific. Instead of "my jewelry to my daughters," specify which items go to whom, or state "to be divided equally."
5. Not Considering Joint Tenancy
If you own property as joint tenants, your share automatically passes to the other owner(s) upon death - regardless of what your will says.
6. DIY for Complex Situations
If you have business interests, overseas assets, or complex family situations, invest in professional legal advice.
Frequently Asked Questions
Can I write my will myself?
Yes, you can write your own will in Singapore. However, DIY wills carry risks of errors that could invalidate the will or create ambiguities. For simple estates, a reputable online platform can be sufficient. For anything complex, professional help is recommended.
Do I need a lawyer to make a will in Singapore?
No, it's not a legal requirement. However, a lawyer can ensure your will is properly drafted and valid, which can save your beneficiaries significant costs and stress later.
How often should I update my will?
Review your will every 3-5 years or after any major life event (marriage, divorce, birth of children, significant asset changes).
What happens to my will after I die?
Your executor will need to apply for a Grant of Probate from the court. Once granted, they can collect your assets and distribute them according to your will.
Can my will be contested?
Yes, wills can be contested in Singapore, typically on grounds of lack of mental capacity, undue influence, or improper execution. A properly drafted and witnessed will reduces these risks.