Welcome to will writing 101, Singapore version. Chances are, you’ve clicked on this article because you’re thinking far into the future. Even if you’re just curious, it’s always a good idea to learn the details of writing your own will.
Most of us might have the misconception that the whole will writing sitch is mega tedious, but drafting a will is actually quite simple. We’ve compiled everything you need to know, from the details to be included and what requirements have to be fulfilled when drafting the will.
Let’s get this out of the way – why is it important to have a will prepared before you pass on? There are various perks of writing a will in Singapore, but simply put, it’s the most straightforward solution to distributing all your assets according to your preference.
In case you’re wondering, your assets don’t get “discarded” if you don’t have a will. But, the distribution of items will follow the Singapore Intestate Succession Act, which can take more time to process as compared to a will – meaning your family might have to wait for a long period of time before inheriting your assets.
Many of us have watched K-dramas where children fight over their parents’ inheritance. Having a will helps to mitigate a situation like this and reduce any potential legal battles between your surviving family members. After all, you wouldn’t want them to fight over your property in your absence.
It’s also important to note that any wills written while you were single will be annulled once you get married – so newlyweds, you might want to draft a new one after signing your ROM. Don’t wait till you’re pushing up daisies to write a new will.
Most of us might assume that a lawyer or solicitor has to be involved when it comes to will writing. In actual fact, anyone above the age of 21 can draft and prepare a legal will, so long as they fulfil all the requirements. Your appointed executor will then have to bring it to court for a grant of probate, so it is recognised by Singapore law.
Moving on to the mechanics. You can start by listing all the assets you have on hand. This might take awhile, so take your time to gather everything so you don’t miss out any important items. For those who need prompting, here are some examples of what you should include:
Additionally, those who’d like to distribute their CPF savings will require a CPF nomination – this can easily be done on the CPF website.
For all you Mr. and Mrs. Worldwide with assets abroad, you’ll need to check if the respective countries recognise legalised Singapore wills. While most countries do accept our wills, laws may change over time so it’s always safe to double check. For places that don’t, you’ll have to write a separate will for those assets in accordance with the country’s current rules.
Examples of your beneficiaries include your spouse and children.
Once you’re done listing everything out, you’ll need to allocate them to your beneficiaries. We recommend splitting it in percentages so you can be as specific as possible. Should you be listing children under 21 years of age as your beneficiary, you’ll also need to appoint a testamentary guardian for them.
Outstanding debts include home mortgages and bank loans.
Aside from the details of assets, you’ll also need to include other relevant items tied to you. For example, any outstanding debts and liabilities have to be stated with instructions on how these are to be paid off and by whom.
You’ll also have to include 2 clauses – the Revocation Clause and Residuary Clause.
The former acts as a protection for the current will, stating that it is to be taken as the final word so all other wills are considered invalid.
The latter is akin to your safety net – it’s for assets that might have been left out or had vague instructions. This clause allows you to choose one or more residuary beneficiaries who will inherit these “leftover” items. It’s also useful in the event where your appointed beneficiary has unfortunately kicked the bucket.
After you’re done identifying your assets and beneficiaries, you’ll have to decide who’s going to be your executor. He or she is basically the person who ensures your will is carried out. When appointing your executor, do note that they have to fulfil the following criteria:
Your executor can be a family member, a trusted friend, or a professional from a law firm or trust company.
This person can also be a beneficiary, as it’s not an either or situation for this. Take extra care in appointing your executor as your beneficiaries are legally allowed to sue the executor should he or she not carry out their duties properly. So if you’re considering someone who tends to be flaky or a family member that’s careless, you’ll want to think again.
Once you’ve listed out the relevant assets, you’ve basically completed the bulk of the work. To ensure that all your hard work doesn’t go down the drain, you’ll need to fulfil a few requirements to guarantee the legality of your will.
Firstly, the will can be handwritten – with legible handwriting – or printed. You’ll also need to include the full name and identification number – such as the NRIC number – for every party mentioned. Just think about it, how many Johns and Samanthas do you know? So being specific is vital.
While there isn’t a fixed template on how you should list out your details, it’s encouraged to include a liner at the start that declares this will as your last and final version.
An example you can consider would be: “I, [Full name], holding Singapore Identity Card Number [NRIC number], hereby revoke all my former wills and testaments formerly made by me and declare this to be my last will and testament.”
Following this, you can then declare who you’ve appointed as your executor and list out your assets and beneficiaries.
The will also requires 3 parties’ signatures – the testator, AKA the person drafting the will, and at least 2 other witnesses. These witnesses cannot be beneficiaries or spouses of beneficiaries. The will also has to be completed in one go, so you can’t have 1 party signing today and another signing tomorrow.
The signatures can be presented at the bottom of the will. Remember to include the full date of when the will was signed, and you can include another statement declaring that this will was signed in the presence of witnesses.
Here’s an example you can follow:
Signed by the above named testator [Your full name] as and for my last will before 2 of my witnesses, [1st witness’ full name and NRIC] and [2nd witness’ full name and NRIC], who in my presence and in the presence of each other have set their names as witnesses.
You can then include and label the signatures below this declaration.
Image credit: Wayfair
This information is extremely important, so you’ll want to guard it with your life. Hardcopies can be kept in a safe box at home or at a secured storage space. You can also leave it with your family lawyer if that helps you rest easier at night.
There’s also the option to convert it into softcopy and store it online with My Legacy Vault, a government website. Just remember to let your executor or a trusted family member know the final location so they can access it when needed.
Of course, for those who find it mafan to write your own will, there are professional lawyers and will writers who provide this service for $200-$600. Here are some you can consider:
Will writing might seem daunting, especially since it’s not a commonly talked about topic amongst friends and family. Heck, we don’t even have classes in school that address this. Either way, it’s good to plan ahead and kickstart your will writing process before you, well, kick the bucket.
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Cover image adapted from: Wayfair
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