Frequently Asked Questions

A Will is a document by which a person (known as a testator) gives instructions to a person (known as the executor) nominated by the testator to carry out those instructions on how his properties are to be distributed upon his death. The person who benefit under his will are called beneficiaries.

Assuming that you are not a Muslim (If you are please see the Question below), all the properties which you own at the time of your death can be distributed under a Will except:-

• properties which are held under a "joint-tenancy" with other persons. "Joint-tenancy" is a special legal term to mean that where the property is held by 2 or more persons, upon the death of one person, ownership of the property will automatically vest in the surviving owners. Not all properties held by 2 or more persons are in joint-tenancies. It is best that you check with lawyers.
• moneys in your Central Provident Fund (CPF) Account. If you have made a nomination, the moneys will be distributed according to your nomination. Otherwise it will be distributed according to the rules in the Intestate Succession Act. For details of the Intestate Succession Act, please see related Question below.
• properties which you are holding as trustee. This is a fairly technical area of law and you should check with lawyers.

The short answer is anybody, even people you do not know or who do not know you. You can even will your property to persons who may not have been born when you signed your will, say your grandchildren. Your favourite charities can also benefit under your will.

Yes you can. To change a will, you can either prepare an addition (called a codicil) to the will or revoke your existing will and prepare a new one. Marriage also automatically results in your former will being revoked unless the will is prepared with the marriage in mind.

You can do so at any time. Just ensure that the old will is destroyed. The best way of ensuring this is to physically tear it. The requirements for making a will set out below.

Often you would want to make specific provisions for some of your beneficiaries, say someone who has a particular liking for a painting that you have or for a piece of furniture. Or you may want to provide for a handicapped next-of-kin. A will allows you to do this. You can also state in your will who the executors will be. In this manner you can have more confidence that your intentions will be carried out.

In the unfortunate event that you die without a will, your assets will be divided according the rules set out in the Intestate Succession Act. Only in the event that you do not have any next-of-kin at the time of your death will your assets go to the state (in lawyer lingo, bona vacantia).

Your next-of-kin will have to administer your estate and ensure that proper distribution takes place. Without a will, the court may require your next-of-kin to provide to the court 2 sureties whose assets are equal to or exceed in value the value of your estate to "guarantee" that your administrators carry out their duties diligently. From experience, it is difficult to find such sureties

You must be at least 21 years of age and be of sound mind before you can make a will. The will itself:-

• must be in English;
• must be in writing; and
• must be signed by you in the presence of 2 witnesses who also sign in the presence of one another (your beneficiaries and their respective spouses should not be witnesses).

If you are a soldier in actual military service or a seaman at sea, you may make a will even if you are below 21 years old. If any of the beneficiaries are minors (ie below the age of 21 years), there must be a least 2 trustees/executors.

The will takes effect only upon your death. Your executors will apply to court for Grant of Probate. The Grant of Probate when allowed by the court cannot be extracted (issued) by the court until the estate duty to your estate has been cleared. Once the Grant of Probate is issued, your will becomes a public document. The original will is retained by the court. You assets will then pass to your executors who will then put into effect your wishes as stated in your will.

Some of the above will not be applicable. Generally, Muslims can only dispose of a third of their estate. The balance will have to be distributed according the Muslim school/sect they belong to. An inheritance certificate issued by the Syariah Court will have to be obtained. This sets out the manner the estate is to be distributed.

The answer is simple - you should make a will now. Don't put it off.

After having considered:-
(a) how you want your assets divided and to whom;
(b) whom do you trust to make the executors of your will;
(c) whether you wish for any special funeral arrangements; or
(d) any special instructions you wish to leave your next-of-kin
see a lawyer to help you prepare a will.

The executor is the person who takes charge of your assets after your death to ensure that they are distributed according to your wishes.

A lawyer is not necessary but a good lawyer will be able to assist you clarify your thoughts and ensure that your wishes are expressed in a manner that is clear to reduce the possibility of your will being challenged after your death.