Last Updated March 12, 2024
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What is a Last Will and Testament?
A Last Will and Testament is a legal document you can use to control the distribution of your estate and protect your loved ones after you pass away.
The purpose of a Last Will is to leave clear instructions on how to pass on your property and finances to family members and friends. In effect, a Last Will and Testament:
- Accelerates the probate process
- Reduces confusion for the executor of your estate
- Makes your final wishes known
Why is a Last Will important?
A Last Will is important if you wish to control how your property, assets, and finances will be distributed after your death. If you’re a parent with minor children, this document is also crucial for appointing a legal guardian to care for your kids in your absence.
Anyone over the age of 21 should use a Last Will and Testament to help avoid potential disputes or confusion regarding their estate.
After you die, your estate must go through probate whether you have a Will or not. Probate is the legal process of authenticating a person’s Will (if applicable) and appointing someone (an executor or administrator) to manage the distribution of their estate. A Last Will and Testament accelerates the probate process because it gives executors a set of instructions to follow when gathering assets, paying off debts, and distributing inheritances.
If you die without a valid Will, a court-appointed administrator distributes your estate according to the law (defined in Singapore’s Intestate Succession Act or in accordance with Muslim law for Muslim estates). Without a Will, you wouldn’t be able to gift property to a non-relative or exclude certain relatives from claiming an inheritance. If you leave no instructions and have no surviving family members, the government may collect your property.
What’s the best way to create a Will?
It’s best to create your Last Will and Testament when you have time to carefully consider the distribution of your estate.
It’s also important to adhere to the laws for creating a valid Will. Often, this means creating your Will in writing and signing it in the appropriate places in the presence of at least two competent witnesses.
To avoid legal challenges to the validity of your Will, you must create it when you are of legal age (at least 21 years old) and sound mind. Having the legal capacity to make a Will means you understand:
- What a Will is
- That you’re making a Will
- Your relationship to the people mentioned in your Will
- The types and amount of property you own
- How you want to distribute your property
Use LawDepot’s Last Will and Testament template to ensure you cover all aspects of your estate. Our questionnaire guides you through the process and saves your work, so you can update your Will anytime you need. We’ll also provide instructions to help you execute your Last Will and Testament properly.
How do I write a Last Will and Testament?
You’re known as the testator (or testatrix) when you write a Will. Include your full name, address, and NRIC number. If you're married, you should also include your spouse's full name and NRIC number.
2. Name an executor
The executor of your estate is the person who oversees the distribution of your property and assets. This person is legally bound to follow the instructions left in your Will. You can also name a backup executor in case your original choice is unavailable.
3. Add beneficiaries
List the people or organizations you wish to inherit your estate once your debts are settled. This may include any living children, extended family members, friends, or charities that are meaningful to you.
For Muslim estates, you can use a beneficiary calculator to figure out inheritances based on Muslim law.
4. Provide for children
Appoint a legal guardian for your children and allocate funds for their upbringing. You can include an additional clause with instructions for specific levels of care.
State if you want to delay the inheritance of any minor children until they reach a certain age. If you do want to delay, specify the age your children must be to receive their inheritance.
5. Add final details
You can include information about your pets, wishes for funeral arrangements, or any other specific details you'd like to address. However, keep in mind that funeral arrangements often take place before family members review a person's Last Will and Testament. If you include funeral instructions in your Will, be sure to tell your family in advance.
6. Sign the document
Review your Will to ensure it’s free of errors and accurately reflects your wishes. Sign the document with at least two competent witnesses.
7. Store it in a safe place
Decide on a secure location to store your Will and make sure that your executor knows where to find it. If you choose to register your Will, you’ll need to provide a description of the original copy’s location (e.g., in the testator’s home office, in the top drawer of the filing cabinet).
8. Register your Will
You can register your Last Will and Testament with the Singapore Academy of Law. Registering your Will helps people locate the original copy during the probate process.
Can I give away all of my property in a Will?
You can give away most, but not all, of your property in a Last Will. Typically, you cannot use a Will to give away:
Your life insurance, retirement plan, and Central Provident Fund (CPF) will allow you to specify a beneficiary (also known as a nominee), which is why these assets do not go through a Will.
Keep in mind, if you’re Muslim, you must disperse your estate according to Muslim law, known as faraid. In this case, inheritance rights vary for different members of your family. If you give away property without abiding by faraid, someone with a right to inheritance could make a legal claim against your estate. Muslim law also states that you can only allocate up to one-third of your estate to a non-faraid beneficiary.
Can I make a gift to a charity in my Will?
People often create what’s known as a legacy gift when designating a charity as a beneficiary in a Last Will and Testament. You can gift certain items, property, a sum of money, or a percentage of your estate.
To add a non-profit organization as a beneficiary, you’ll need its Registered Charity Number, also known as a Unique Entity Number (UEN). This is a unique combination of numbers and letters that identifies the organization. You can contact the charity for more information on how to leave them a legacy gift.
Do I need to notarize my Last Will and Testament?
Singapore estate laws do not require you to notarize your Last Will and Testament in order for it to be valid.
When should I change or revise my Last Will and Testament?
You should create a new Will and revoke any prior documents if you need to make extensive changes (like adding several new beneficiaries). This helps avoid confusion when authorities need to administer your Will. Note that, in Singapore, a Last Will and Testament is typically revoked when you get married.
You should revise your Will when:
- Your relationship status changes (married, separated, or widowed)
- You have children
- You gain/lose a significant amount of property or assets
- You wish to disinherit someone
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