Will Writing for Parents: Protecting Your Children

As a parent, you would do anything to protect your children. Yet many parents overlook one of the most important protective measures: writing a will. If both parents pass away without a will, the court - not you - decides who raises your children and how their inheritance is managed. This guide covers everything parents need to know about will writing in Singapore.

Why Every Parent Needs a Will

Parenthood changes everything about estate planning. A will is no longer just about distributing assets - it's about ensuring your children are cared for by people you trust, in the way you want.

The Stakes Are Higher

• Guardianship: Without a will, courts decide who raises your children if both parents die
• Financial protection: Children under 21 cannot legally inherit directly - their money must be managed by someone
• Values and upbringing: Your will can include guidance on how you want your children raised
• Education: You can earmark funds for schooling and specify educational wishes
• Preventing family disputes: Clear instructions reduce fighting over custody and money

Appointing a Guardian: The Most Important Decision

If both parents of minor children die, someone must care for those children. Without a will, the court appoints a guardian based on legal criteria - not on what you would have wanted.

How to Choose a Guardian

This is one of the most difficult decisions parents face. Consider these factors:

Values and Parenting Style

• Do they share your views on education, discipline, and religion?
• Would they raise your children in a way you'd approve of?
• Are they emotionally equipped to handle children (especially grieving ones)?

Practical Considerations

• Age and health: Will they be able to care for children long-term?
• Location: Would your children need to move? Change schools?
• Financial stability: Can they afford additional children? (You can help by leaving money for your children's care)
• Existing family: Do they already have children? Would the dynamic work?
• Career and time: Do they have time for children?

Relationship with Your Children

• Do your children know and like them?
• Have they spent significant time together?
• Would the transition be as smooth as possible?

Guardian vs. Trustee: They Can Be Different People

Many parents assume the guardian should also manage their children's money. But you might have a family member who would be a wonderful parent figure but isn't great with finances. In that case, appoint:

• Guardian: The person who raises your children day-to-day
• Trustee: The person who manages their inheritance

This separation provides checks and balances and ensures each role is filled by the most suitable person.

Have the Conversation First

Never name someone as guardian without asking them first. This is a massive responsibility, and they need to:

• Understand what's being asked
• Discuss it with their spouse if applicable
• Genuinely agree to take on the role
• Understand your wishes for how your children should be raised

Name Backup Guardians

Your first choice might be unable or unwilling to serve when the time comes. Name at least one alternate guardian.

Testamentary Trusts: Protecting Your Children's Inheritance

In Singapore, children under 21 cannot legally own property or receive inheritance directly. If you leave money to a minor without setting up a trust, the Public Trustee manages the funds - with limited flexibility and standard rules that may not suit your family's needs.

What is a Testamentary Trust?

A testamentary trust is created by your will and comes into effect upon your death. It holds assets for your children until they reach an age you specify, with a trustee managing the funds in the meantime.

Key Decisions for Your Trust

1. Distribution Age

When should your children receive their inheritance outright? Common options:

• Age 21: The legal minimum for direct inheritance
• Age 25: More common; children have typically finished education and gained some life experience
• Age 30: For larger inheritances or if you want to ensure greater maturity
• Staged distribution: e.g., 1/3 at 25, 1/3 at 30, 1/3 at 35

2. What Can the Trustee Use the Money For?

Specify what expenses the trustee can pay from the trust:

• Education (school fees, university, enrichment)
• Healthcare and medical expenses
• Housing and daily living expenses
• Reasonable recreation and travel
• Starting a business (often with conditions)

3. Trustee Powers and Restrictions

Define what your trustee can and cannot do:

• Can they invest aggressively or should they be conservative?
• Can they distribute capital or only income?
• Can they make loans to beneficiaries?
• What approval is needed for major decisions?

Choosing a Trustee

Your trustee should be:

• Financially competent: Able to manage investments and accounts
• Trustworthy: Will act in your children's best interests
• Available: Has time to manage the trust properly
• Younger than you: Will likely outlive you and be able to serve

Options include family members, trusted friends, professional trustees (banks, trust companies), or a combination.

Age-Specific Considerations

Parents of Infants and Toddlers (0-5)

• Guardian choice is paramount - focus on who will provide daily care
• Consider whether guardian can handle the demands of young children
• Set trust distribution age conservatively (25-30)
• Include provisions for childcare and early education

Parents of Primary School Children (6-12)

• Children have established relationships - consider continuity
• Think about school disruption if guardian lives elsewhere
• Children may have opinions (though not legally binding)
• Include provisions for enrichment activities, tuition, etc.

Parents of Teenagers (13-20)

• Teenagers may resist a guardian they don't know well
• Consider their input when choosing
• Focus on education provisions (university is expensive)
• You might set earlier distribution ages since they're closer to adulthood

Special Situations

Children with Special Needs

If your child has a disability or special needs, standard will provisions are inadequate. You need:

• Special needs trust: Structured to provide for your child without affecting their eligibility for government benefits
• Letter of wishes: Detailed document about your child's care, preferences, routines, and medical needs
• Lifetime trust: The trust may need to last your child's entire life, not just until a set age
• Professional trustees: Often advisable for long-term management

This is an area where professional legal advice is essential.

Blended Families

If you or your spouse have children from previous relationships:

• Consider each child's needs separately
• Be explicit about who gets what - don't assume
• Think about how stepparents and step-siblings fit in
• Address potential conflicts proactively

Single Parents

For single parents, a will is even more critical:

• You are likely the sole provider - what happens without you?
• Consider the other biological parent's role (if any)
• Guardian choice may be more complex without a co-parent
• Life insurance becomes especially important

Beyond the Will: Complete Protection for Your Children

Life Insurance

Your will distributes what you have - life insurance creates what you need. Calculate how much your children would need for:

• Daily living expenses until adulthood
• Education (including university)
• Housing (if needed)
• Emergency fund

Name your estate (not your minor children) as beneficiary, and let your will direct the funds into a trust.

CPF Nomination

Your CPF savings can be substantial. Make a nomination at cpf.gov.sg - without one, your CPF goes to your estate and is distributed according to your will or intestate rules.

Letter of Wishes

While not legally binding, a letter of wishes can provide guidance to your guardians about:

• Your parenting values and philosophy
• Religious or cultural upbringing
• Education preferences
• Family traditions you want continued
• Messages for your children to read when older

Common Mistakes Parents Make

1. Not Having a Will at All

This is the biggest mistake. Even a simple will is infinitely better than nothing.

2. Assuming Family Will "Work It Out"

Family disputes over children and money are common and devastating. Don't assume goodwill - put it in writing.

3. Choosing Guardians Based on Obligation

Don't name your sister because she'd be offended otherwise. Choose based on what's best for your children.

4. Setting Distribution Age Too Young

A 21-year-old with a large inheritance may make poor decisions. Consider 25 or staged distribution.

5. Not Updating the Will

Your circumstances change. Review your will when:

• You have another child
• Your chosen guardian's circumstances change
• You divorce or remarry
• Your assets significantly increase or decrease

Getting Started

Don't wait for the "perfect" time - there isn't one. A basic will covering guardianship and simple trust provisions can be done relatively quickly and affordably.

What You Need to Decide

1. Who will be your children's guardian?
2. Who will manage their inheritance (trustee)?
3. At what age should they receive full control?
4. What can the trustee use the money for before then?
5. Who are your backup choices?

Once you've thought through these questions, you're ready to create your will - whether through an online platform (for simpler situations) or with a lawyer (for complex families or larger estates).