Singapore Wills FAQ

Based on our experience, it is common for Testators (including Singapore Citizens and Singapore Domiciled) to make a Singapore Will covering worldwide assets, as it is convenient to do so.

Even if a Testator does not have any assets outside Singapore, it is common to state in his Will that he is disposing worldwide assets, in the event he has such assets at the time of his death.

For example, he may not have any assets in Malaysia at the moment, but upon his death, he might have RM100,000 in a bank account in Kuala Lumpur, Malaysia.

In essence, a Singapore Will can cover the Testator’s worldwide assets, including Singapore, which is common scenario for Singapore Citizens and Permanent Resident. However, this doesn’t necessarily mean that a Singapore will would necessarily be recognised by a foreign jurisdictio in which the property is situated, either for the purposes of dealing with property there and/or for succession purposes. In certain foreign jurisdictions, there may be forced heirship, or for immovable properties (real estate), the foreign law may be applicable for succession purposes.

A Testator may do a Singapore Will covering worldwide assets first, and later on, he may after having gotten legal advice, do another Will in the country in which a specific asset is situated covering only the assets in that country. In making a later Will in another country, if he wishes to retain the validity of the Singapore Will for assets in certain juridictions, he should not revoke his Singapore Will and careful drafting on the later Will is of paramount importance.

There is no simple answer to the question of whether a foreign jurisdiction will “accept” a Singapore will. There are a number of different elements to consider, for example:

• Will the jurisdiction accept the formal validity of the will?
• Will the jurisdiction accept the substantive terms of the will? A jurisdiction may accept that a will is formally valid, but refuse to accept the substantive validity of its terms to the extent that they conflict with forced heirship provisions. Some jurisdictions apply different rules to movable and immovable assets
• What are the procedures for recognising a foreign will? A jurisdiction may accept that a will is formally and substantively valid, but the procedures for recognising this may be so complicated that it is preferable to make a local will for this reason alone

If you have foreign assets or may have them in the future, please note that we may not be able to advise you on foreign succession laws relating to your assets situated overseas, or the applicability of the Singapore Will for used in any foreign jurisdiction. You should consult a lawyer in that jurisdiction where the asset is situated.

CAUTION: Note that this FAQ is for general guidance and information and provided on “as is” basis, and not to provide any legal advice whatsoever. The contents herein may contain errors and/or inaccuracies. You should always seek professional advice on your legal scenario.

A Will is a written document that states who you want your assets and money (“the estate”) to go to when you passed away. As it is a very important document the law specifies what will be recognised as a Will. It is a temporary document and can be changed at any time by a subsequent Will or a Codicil during your lifetime.

It does not distribute your assets immediately upon the making of the Will, but takes effect after your demise (death).

It is unfortunate that we are unable to take instructions from Muslims who intend to make a Will as we do not practise Syariah Laws. Please consult a Singapore Lawyer who does practise Syariah Laws.

Singapore Wills need not be registered in Singapore with any authority to be valid. However, you may wish to submit your Will information at the confidential Wills Registry, Insolvency and Public Trustee’s Office of Singapore by paying the relevant fee (wef 1 March 2014, S$50), which merely contains brief particulars of your Will such as date of Will, but not the contents. Your original Will or copy thereof cannot be deposited at the Wills Registry. To deposit your Will information at the Wills Registry, please login to www.iptoonline.gov.sg.

What happens if my spouse and me passed away simultaneously? eg. a plane crash scenario, where it was not known who died first.

In the event of simultaneous death, the older is deemed to have died first. The following examples may illustrate the various scenario (not exhaustive) and effects.

Example 1: Where you and your spouse have made identical Wills and give the whole of the Estate to the other

If you are the older spouse, it is deemed that you died first, and therefore your estate will go to your spouse’s estate under your Will and will be distributed under your spouse’s Will.

Example 2: Where I have made a Will and my spouse has not made a Will, and I have given my estate or part of which to my spouse?

If you are the older spouse, it is deemed that you died first, and therefore the share in which your spouse will take under your Will will go to his/her estate. As your spouse did not make a Will, his/her estate will be distributed in accordance with the Intestate Succession Act and not according to his/her wishes had a Will being made.

This is a question of preference, and usually, a person may be influenced by the apparent lower costs offered by non-legal firms in offering Will drafting services.

In fact, the costs of a Will drafted by professional law firms are usually not more than a couple of hundreds of dollars (for relatively straightforward Will), and the law firm will usually have 1 or 2 lawyers witnessing the Testator’s signature to the Will. Such solicitor’s witnesses may be useful in the event of issues relating to the Testator’s signature to the Will or where there are disputes surrounding the Will.

Upon the death of the Testator, the personal representative(s) of the Testator may appoint a law firm to act in the Administration of the estate, and that law firm will usually advise the personal representative(s) to advertise in the Law Society Gazette (circulated to practising solicitors only) for any Will previously prepared by other law firm(s) for the testator to contact that law firm.

Unless you are making specific gift to certain person, you need not state or list out your assets in your Will.

However, it is good practice to have an Inventory List of your Assets and Liabilities attached to your Last Will, so that your Executor will know what your Assets comprised of. You should also update your Inventory List from time to time to reflect changes to your asset list.

You should state the person(s) or organisation(s) to whom you wish to give away your property and assets. For example, you may give away your house, car, shares, insurance policies, bank accounts, cash and jewellery to family members, friends or to charities.

Some do not wish to think about death. Surprisingly enough, making a Will does not bring your death forward. If you make your Will now, you will have less worry about how your Assets will be distributed.

Some think they have nothing to leave to their love ones – if you own your own home, monies in bank accounts, cars, jewelleries, etc, you should consider making a Will. It all adds up to some value.

If a person dies without leaving a will, the distribution of his/her assets in Singapore will be governed by Singapore intestacy law.

A will does not need to be governed by Singapore law to be recognised as a valid will in Singapore. However, it is generally recommended to have a Singapore will covering Singapore assets.

If a foreign domiciled person dies intestate:

• his movable property that is located in Singapore will be distributed according to the laws of the country in which he was domiciled at the time of his death
• his immovable property located in Singapore will be distributed according to the laws of Singapore, regardless of where he was domiciled at the time of his death.