How Do I Contest a Will?
View this post on Instagram
Anyone who has a stake in the will can contest its validity! If you believe that the will’s formalities were not complied with, it’s possible for you to challenge it. ?? A will can also be challenged if you believe the testator was not mentally sound when making their will, they didn’t know of or approve the contents of the will, or if they were under undue influence (eg. pressured into making one). – Wanting certain assets (or more assets) to be distributed to you could drive one to contest a will. In fact, the law explicitly allows the deceased’s spouse and children to challenge the will, if they’re not reasonably provided for in it. In such a case, the court may order a reasonable sum of maintenance to be paid to them from the deceased’s estate.?? – If the will is successfully challenged, it will be considered as invalid.?♂️ The assets of the deceased would then be distributed to their family members according to the rules of the Intestate Succession Act. Don’t be greedy though – what you pay to contest the will might be more than what you get out of it! ? #SingaporeLegalAdvice
Under certain circumstances, a will may be treated as invalid by a court. In such cases, a claimant can challenge the validity of the will. If a will is invalidated, the deceased’s assets will not be distributed according to the will, and such assets may instead be distributed according to the Intestate Succession Act.
A will may be invalid when the formalities are not complied with. For more information on the formalities of writing a will, find out how to make a will.
Alternatively, download our free guide to will-making in Singapore:
In addition, a will is also invalid if it can be proven that at the time of making the will, the deceased was of an unsound mind.
Furthermore, if the deceased was under undue influence, the will is also invalid. Undue influence can refer to the unconscientious use of one’s power over another for selfish purposes. For example, coercion, threats, harassments or persistent persuasion may amount to undue influence by one party in causing the testator to err in the making of his will.
Finally, Singapore’s Inheritance (Family Provision) Act also allows the spouse and children of the deceased to apply to the court for monetary maintenance, in either a lump sum or monthly allowance, if the deceased did not so provide in his will.
On a related note, the lawyer who draws up a defective will which does not reflect the true wishes of the testator, may be liable for negligence to the potential beneficiary. For instance, if the testator instructed his lawyer to make a provision in his will to bequeath $10,000 to his son, and the lawyer negligently failed to do so, the son may be able to sue the lawyer for negligence.
- 8 Tools You Must Know for Estate Planning in Singapore
- Guide to CPF Nominations & How to Make One In Singapore
- What Happens to Your Debts When You Die?
- Who Pays for the Mortgage Debts and Medical Bills After Death?
- Is Inheritance Tax Payable When You Die in Singapore?
- Is Stamp Duty Payable When Inheriting Property in Singapore?
- How to Donate your Assets to Charity
- Organ Donation in Singapore (under HOTA, or For Science)
- Finding Missing Persons in Singapore (or ‘Presumed Dead’)
- How Do I Make a Will?
- The Complete Guide to Making Your Will in Singapore
- Why Should You Make a Will?
- Checklist for Drafting a Comprehensive Will in Singapore
- Get An Affordable Will Made By Experienced Lawyers
- Choosing an Executor for Your Will in Singapore
- How to Prepare a Schedule of Assets for Your Will in Singapore
- Appointing a Guardian for Your Children in Your Will in Singapore
- What is a Mutual Will, Mirror Will and Joint Will?
- How to Give Away Overseas Assets in a Will in Singapore
- Can I Use My Will to Distribute Insurance Proceeds?
- Where Should You Store Your Will?
- How Can I Change My Will?
- How to Plan for Mental Incapacitation
- Mental Capacity Assessment for LPAs and Wills
- Appointment of Deputies under the Mental Capacity Act
- How to Appoint a Deputy for Mentally Incapacitated Persons in Singapore
- Advance Medical Directives in Singapore
- Making a Lasting Power of Attorney in Singapore
- Revocation of a Lasting Power of Attorney
- Advance Care Planning in Singapore: Why and How to Get Started
- Can the Public Trustee Administer Your Loved One's Estate?
- Managing a Loved One's Estate After Their Death in Singapore
- Applying for a Grant of Probate in Singapore
- Intestacy: Applying for Letters of Administration in Singapore
- Obtaining a Fresh Grant of Probate and Resealing a Foreign Grant of Probate
- Comprehensive Guide to Probate Fees in Singapore
- Dispute with Executor of Will in Singapore: What to Do
- What Happens If You Die Without a Will in Singapore?
- An Executor’s Checklist to Executing a Will in Singapore
- What to Do If the Will Cannot be Found
- How Do I Contest a Will?
- What Happens to the HDB Flat When One Owner Dies?
- How to Access the Bank Account of a Deceased Spouse
- What Happens to the Car When the Owner Passes Away?
- Simultaneous Death: How are Assets Distributed When Family Members Die at the Same Time?
- 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?
- What happens to residuary property not accounted for?
- What happens to a Singapore expatriate's assets when he passes on?
- What If a Beneficiary Dies Before Receiving His Inheritance?
- How Can Your Minor Beneficiaries Receive Their Inheritance?
- Unfair Maintenance: What Can Singapore's Law Do for You?