• Who will inherit your assets when you pass away?
• Will the people you want to benefit actually receive what you intended for them?

Many people assume that their assets will automatically pass to their closest family members or to those who have been most involved in their lives.

However, when someone dies without a valid Will in Singapore, the distribution of their estate is determined by law, rather than by their personal wishes or family circumstances.

This can lead to unexpected outcomes, particularly where relationships have broken down, family members are estranged, or there has been a divorce or remarriage.

Making a Will allows you to decide who should inherit your assets, appoint someone you trust to administer your estate and make important provisions for your loved ones.

In this article, we explain why making a Will in Singapore is important, what happens if you die without one, the legal requirements for a valid Will and when you should consider reviewing or updating it.

A Family Situation That Illustrates Why a Will Matters

Consider the following family circumstances, drawn from an example previously discussed in a GJC Law presentation on Wills and inheritance.

A married couple had two sons. After 14 years of marriage, the father left the family and ceased contact with his wife and children.

Six years later, the mother commenced divorce proceedings. She subsequently passed away.

Some time afterwards, one of the sons, aged 22, also passed away. He was unmarried, had no children and had not made a Will.

The surviving family members included his estranged father and his brother.

Who would inherit the young man’s estate — his father, his brother, or both?

The answer may surprise many people.

Under section 7, Rule 5 of Singapore’s Intestate Succession Act 1967, where a person dies without a Will and leaves no spouse or descendants, the surviving parent or parents inherit the estate.

In this situation, assuming the father was the only surviving legal parent, he would inherit the young man’s entire distributable estate.

The brother would not inherit simply because he had maintained a closer family relationship with the deceased.

This is an important distinction. Intestacy law does not generally take into account whether a parent had abandoned the family or whether another relative had provided greater emotional or financial support.

Had the young man made a valid Will, he could have made different arrangements, including leaving his estate to his brother.

The example demonstrates a fundamental reason for making a Will: without one, the people who inherit your estate may not be the people you would have chosen.

What Is a Will?

A Will is a legal document that sets out how you wish your estate to be managed and distributed after your death.

Through a Will, you can identify the people or organisations you wish to benefit, determine what each beneficiary should receive and appoint an executor to carry out your instructions.

A Will may also include provisions relating to guardianship for minor children and arrangements for beneficiaries who require additional protection or financial support.

Importantly, a Will takes effect upon your death. Making one does not ordinarily prevent you from selling, transferring or otherwise dealing with your assets during your lifetime.

A properly prepared Will gives your family and executor clearer directions about your intentions, helping to reduce uncertainty during the administration of your estate.

What Happens If You Die Without a Will in Singapore?

When a person dies without a valid Will, they are said to have died intestate.

For non-Muslim estates governed by Singapore’s Intestate Succession Act, assets forming part of the distributable estate are allocated according to a statutory order of inheritance.

For example, if a person dies leaving a spouse and children, the spouse generally receives half the estate, while the children share the remaining half equally.

If there is no surviving spouse or descendant but a surviving parent, the parent or parents generally inherit the estate.

Siblings ordinarily inherit only where there is no surviving spouse, descendant or parent.

These rules provide a legal framework for inheritance, but they cannot accommodate every family’s personal circumstances or preferences.

A Will therefore becomes especially important for individuals who wish to provide for particular relatives, support dependants, leave gifts to charities or make different arrangements from the statutory distribution.

The Intestate Succession Act does not govern the distribution of Muslim estates, which are subject to Muslim inheritance law.

What Are the Legal Requirements for Making a Valid Will?

In Singapore, Wills are principally governed by the Wills Act 1838. For an ordinary Will made under the Act, the person making it must generally be at least 21 years old and have the necessary testamentary capacity.

The Will must be in writing and signed by the person making it, or by another person in their presence and at their direction.

The signature must be made or acknowledged in the presence of at least two witnesses who are present at the same time. Those witnesses must then sign the Will in the presence of the person making it.

Beneficiaries and their spouses should not act as witnesses because gifts to an attesting witness or their spouse may be invalid under the Wills Act. It is also important that the person making the Will understands the nature and effect of the document, the general extent of their assets and the claims of people who might reasonably expect to benefit from their estate.

Although a person can prepare their own Will, unclear wording, inappropriate witnesses or failure to comply with execution requirements can create difficulties later.

Professional legal assistance can help ensure that the document accurately records the person’s intentions and satisfies the relevant legal requirements.

What Assets Can You Include in Your Will?

A Will can generally deal with assets forming part of your estate, including money in bank accounts, investments, personal belongings and property interests held in your sole name.

However, not every asset will necessarily be distributed according to your Will. For example, CPF savings are not covered by a Will.

They are distributed through the CPF nomination framework or, where there is no valid nomination, through the applicable statutory arrangements.

Property held under a joint tenancy will generally pass to the surviving joint owner by the right of survivorship, rather than under the deceased joint owner’s Will.

Certain insurance proceeds may also pass under valid nominations or trust arrangements, while assets held on trust for someone else may not form part of the estate available for distribution.

Where a person owns overseas property or other foreign assets, the laws of the relevant jurisdiction may affect how those assets can be transferred or inherited. It is therefore useful to review your assets and ownership arrangements when preparing a Will, rather than assuming everything you own will automatically be covered.

Read more: What Happens to a Deceased Person’s Singapore Assets?  

Can You Change Your Will After Making It?

Yes. A Will is not necessarily a document that must remain unchanged for the rest of your life.

You can revise your estate planning arrangements when your circumstances or intentions change, provided you have the necessary legal capacity and comply with the applicable formalities.

Changes may be made through a properly executed codicil or by preparing a new Will that revokes an earlier one.

For significant changes, preparing a new Will is often clearer and may reduce the risk of conflicting provisions. It is advisable to review your Will periodically and particularly when major changes occur in your family, finances or personal circumstances.

Should You Review Your Will After Marriage or Divorce?

Marriage and divorce are important events that should prompt a review of your estate planning arrangements. Under Singapore’s Wills Act, marriage generally revokes an existing Will, subject to statutory exceptions, including certain Wills expressly made in contemplation of a particular marriage.

Divorce, however, does not automatically revoke an existing Will merely because the marriage has ended.

This means a former spouse could potentially remain named as a beneficiary or executor under an earlier Will unless appropriate changes are made.

Anyone going through a divorce should therefore consider whether their existing Will still reflects their intentions.

This is particularly relevant where the parties have children, jointly owned property, substantial assets or new partners. Reviewing your Will alongside other financial and family arrangements can help avoid unintended inheritance consequences.

Who Should You Appoint as Executor of Your Will?

An executor is the person appointed in your Will to administer your estate after your death.

An executor’s responsibilities may include identifying and collecting assets, dealing with creditors, arranging payment of debts and expenses, applying for a Grant of Probate where required, and distributing the estate to the beneficiaries in accordance with the Will.

The executor may also need to deal with financial institutions, property transactions, tax matters and other administrative requirements.

It is therefore important to appoint someone who is trustworthy, capable of handling financial and administrative matters and willing to undertake the responsibilities involved.

You may also wish to appoint a substitute executor in case your first choice is unable or unwilling to act. Where an estate is complicated or there is a risk of disagreement between beneficiaries, professional advice may assist the executor in understanding and carrying out their duties.

What Happens After Someone Dies Leaving a Will?

Having a Will does not necessarily mean that the estate can be distributed immediately.

In many cases, the executor must first apply for a Grant of Probate from the Singapore Courts.

A Grant of Probate legally recognises the executor’s authority to administer the deceased’s estate. The executor can then gather and deal with estate assets, settle outstanding liabilities and distribute the remaining estate to the beneficiaries in accordance with the Will.

Where there is no valid Will, a suitable person may instead need to apply for a Grant of Letters of Administration. The procedure and documents required depend on the circumstances of the estate.

Can Muslims Make a Will in Singapore?

Yes. Muslims in Singapore may make a Will, commonly referred to as a Wasiat, but the distribution of their estate is governed by a different legal framework.

Muslim inheritance arrangements are subject to applicable Muslim law, including the principles of Faraid, and particular restrictions may apply to testamentary gifts.

Generally, a Muslim’s ability to dispose of assets by Will is subject to the one-third principle, with additional rules relating to gifts to Faraid heirs and the consent of other heirs.

Because these arrangements differ from the rules governing non-Muslim estates, individuals planning a Muslim estate should obtain advice relevant to their particular circumstances.

When Should You Consider Making or Reviewing a Will?

There is no need to wait until retirement or until you have accumulated substantial wealth to consider making a Will.

Even a relatively modest estate may involve savings, investments, personal possessions and family arrangements that matter to the people you leave behind.

A Will is particularly worth considering when you marry, have children, acquire property, experience a divorce, enter a subsequent marriage or wish to provide for relatives who are not automatically entitled to inherit under intestacy law. It may also be necessary to revisit your Will if a named beneficiary or executor dies, if your financial position changes significantly or if your relationships and priorities change.

The important question is not simply how much you own, but whether the arrangements for your estate reflect your intentions.

Taking the Next Step

Making a Will is an opportunity to consider how your assets should be distributed, who should be responsible for administering your estate and what provisions may be necessary for your family.

Although Singapore law provides rules for distributing an estate where no valid Will exists, those rules may not produce the outcome you want.

Taking time to prepare and periodically review a Will can provide clearer directions for your executor and reduce the possibility of uncertainty or disagreement among beneficiaries.

How GJC Law Can Help

At Gloria James-Civetta & Co, our lawyers can assist with the preparation and review of Wills, estate planning considerations and legal matters relating to probate and estate administration.

Whether you are preparing your first Will, reviewing arrangements following a marriage or divorce, or dealing with the administration of a deceased person’s estate, our team can help you understand the legal considerations and available options.

Contact GJC Law to arrange a consultation about your Will or estate planning requirements.

Disclaimer: This article provides general information about Singapore law and does not constitute legal advice. The applicable law and appropriate arrangements will depend on individual circumstances.