The Complete Guide to Making Your Will in Singapore
Are you an unmarried single, married with children or a divorcee?
No matter who you are, and which stage of life you’re at, writing a will is every adult’s personal responsibility to ensure that our loved ones are properly taken care of, when we pass away.
For example, you may want to allocate monies to family members who may require financial support, sell off a property to make loan repayments, and/or appoint a testamentary guardian to continue caring for your children after your passing.
But first, let us take you through what exactly is a will? And, hopefully provide you with a few convincing reasons on why you should make a will.
What is a Will?
A will is a legal document that sets out your wishes for the distribution of your estate (i.e. everything you own, including your assets and monies), as well as for the care of any minor children (i.e. children below 21 years old) you may have, upon your death.
Why Should I Make a Will?
Having a testamentary guardian is especially important in a simultaneous death situation, in the event that both you and your spouse pass away at the same time.
For example, if you and your spouse pass away in the same car accident, a testamentary guardian could step in to protect your children and have custody over them.
If a testamentary guardian is not appointed, anyone may apply to the court to be a guardian for your children.
And, in the case where no persons apply to be the guardian of any of your children who are below 16 years old, they will be placed in a home under the care and protection of the Ministry of Family and Social Development (MSF).
Or, if you’re married with no children, but you have left behind a mortgage signed under your sole name, you could make a will to account for the mortgage repayment.
For example, you could write in your will that you wish to sell a certain property to pay off the mortgage. This will remove the burden off your spouse to assume the mortgage loan.
What Happens If I Die Without Making a Will?
On the other hand, should you choose not to make a will, you will have much less control over what happens to your estate after you pass away.
This is because your estate will be distributed, by default, following the rules in Singapore’s Intestate Succession Act (ISA), and such distribution may not be according to your wishes.
For example, if you are married with children and pass away without a will, your estate will be inherited by your spouse and children (50% each). This is perfectly fine if you intended for your estate to be distributed to your spouse and children only.
However, if you had wanted your estate to also be distributed to other people, such as any parents or siblings who are struggling financially, unfortunately this will not happen.
This is because under the ISA, if you were survived by your spouse and children, your estate will be distributed entirely between these parties. This is even if you were also survived by other family members.
As a result, neither your parents nor your siblings will receive any portion of your estate.
Hence, it may be wise to make a will to avoid such situations and ensure that all your loved ones receive the portions of your estate as you wish.
If you’re still reading, we take that we’ve convinced you on why you should make a will.
But hold on, before you dive into making a will (which you should soon after), take a few minutes to read our complete will-making guide that may have just the right answers to some of your burning questions:
- What are the assets I can distribute under a will?
- How do I distribute these assets?
- Do I need a lawyer to make a will?
- What happens if my beneficiaries (i.e. the persons to inherit my assets) pass away before me?
- Where should I store my will?
Download our wills guide to gain a comprehensive look into these questions on will-making:
Then, if you have simple requirements for your will, you can make your will online using WillMaker, our convenient and affordable online will-making service.
- Fiduciaries and Fiduciary Law in Singapore
- Muslim Inheritance Law in Singapore
- What Happens to Your Debts When You Die?
- How to Donate your Assets to Charity
- Organ Donation in Singapore (under HOTA, or For Science)
- Can I Use My Will to Distribute Insurance Proceeds?
- 8 Tools You Must Know for Estate Planning in Singapore
- Who Pays for the Mortgage Debts and Medical Bills After Death?
- Complete Guide to CPF Nominations and How to Make One in Singapore
- Is Inheritance Tax/Estate Duty Payable When You Die in Singapore?
- Missing Persons Singapore: Legal Steps to Find and 'Presumed Dead'
- How Do I Make a Will?
- Choosing an Executor for Your Will in Singapore
- Get An Affordable Will Made By Experienced Lawyers
- Where Should You Store Your Will?
- Why Should You Make a Will?
- What is a Mutual Will, Mirror Will and Joint Will?
- How Can I Change My Will?
- Checklist for Drafting a Comprehensive Will in Singapore
- Appointing a Guardian for Your Children in Your Will in Singapore
- The Complete Guide to Making Your Will in Singapore
- How to Plan for Mental Incapacitation
- What is a Lasting Power of Attorney and How to Make One in Singapore
- Advance Medical Directives in Singapore
- Appointment of Deputies under the Mental Capacity Act
- Revocation of a Lasting Power of Attorney
- How to Appoint a Deputy for a Loved One Lacking Mental Capacity in Singapore
- Advance Care Planning in Singapore: Why and How to Get Started
- Mental Capacity Assessment for LPAs and Wills
- An Executor’s Checklist to Executing a Will in Singapore
- What Happens If You Die Without a Will in Singapore?
- How Do I Contest a Will?
- Wills, Probate, and Executors: What to Do When a Loved One Passes Away in Singapore
- Applying for Letters of Administration: Intestacy Laws in Singapore
- Unfair Maintenance: What Can Singapore's Law Do for You?
- Applying for a Grant of Probate in Singapore
- Can a half-brother be considered a next of kin? (when distributing the assets of the deceased)
- What happens to property when a deceased’s next-of-kin or named personal representative is uncontactable?
- Obtaining a Fresh Grant of Probate and Resealing a Foreign Grant of Probate
- What happens to residuary property not accounted for?
- What happens to a Singapore expatriate's assets when he passes on?
- How to Access the Bank Account of a Deceased Spouse
- What happens to my assets overseas when I pass on?
- What Happens to the HDB Flat When One Owner Passes Away?
- Simultaneous Death: How are Assets Distributed When Family Members Die at the Same Time?
- What to Do If the Will Cannot be Found
- What to Do If There are Disputes With or Between the Executors of a Will in Singapore
- What If a Beneficiary Dies Before Receiving His Inheritance?
- What Happens to the Car When the Owner Passes Away?
- How Can Your Minor Beneficiaries Receive Their Inheritance?