Do you need a will in Singapore? What happens if you don't have one

Most people put off making a will, and many never make one. The law does not require you to have one. But when someone dies without a will, their family has less say over what happens next, and the process of sorting out the estate is usually harder.

This article is general information, not legal advice.

What a will does

A will is a written document setting out what should happen to your estate (your money, property and possessions) when you die. According to MoneySense, a will can:

• say who receives your assets, and in what shares,
• name an executor, the person who will manage your estate and carry out your wishes,
• appoint a guardian for children under 21,
• give instructions on how particular assets should be dealt with, and
• set out a back-up plan if a beneficiary dies before you.

After a death, the executor named in the will applies to court for a Grant of Probate. Without a will, a family member instead applies for Letters of Administration. Our guide Probate or letters of administration explains the difference.

What happens if there is no will

When a person dies without a will, their estate is distributed under fixed rules. MoneySense describes these intestacy laws as “inflexible”, and says the settlement process is long.

The Intestate Succession Act, in outline

For non-Muslims domiciled in Singapore, the Public Trustee’s Office summarises the distribution under the Intestate Succession Act 1967 like this:

• Spouse, no children or parents: the spouse receives everything.
• Spouse and children: the spouse receives half; the children share the other half equally.
• Children, no spouse: the children share everything equally.
• Spouse and parents, no children: the spouse receives half; the parents receive the other half.
• Parents only: the parents share equally.
• Siblings only: the siblings share equally, with the children of a sibling who has died taking that sibling’s share.
• None of the above: the estate passes to more distant relatives, such as grandparents, then uncles and aunts.

These rules take no account of who actually looked after the person, who depended on them, or what they said they wanted. Anyone outside the listed family relationships, such as a close friend, has no place in them.

Muslim estates

If the person who died was Muslim, the estate is distributed under the Administration of Muslim Law Act 1966 rather than the Intestate Succession Act. The shares are set out in a certificate of inheritance from the Syariah Court.

What a will does not cover

Some assets pass outside a will altogether.

CPF savings

CPF Board says CPF savings cannot be included in a will because they do not form part of your estate. They are distributed through a CPF nomination, or, if there is none, through the Public Trustee’s Office under intestacy law. Our guide to CPF nomination explains how to make one.

Property held as joint tenants

MoneySense explains that where property is held as joint tenants, the surviving owner gets 100% of the property when one owner dies, regardless of whether the deceased owner left a will.

Insurance with a nomination

Under the Insurance Act, life policy owners can nominate who receives the policy money. According to MoneySense, a trust nomination takes precedence over a will. A revocable nomination allows the insurer to pay according to whichever came last, the nomination or the will. If you have both, make sure they point the same way.

What makes a will valid

The rules on how a will must be made are set out in the Wills Act 1838. A will that does not meet them is not valid, and the estate may then be dealt with as if there were no will at all.

The main requirements are:

• Age. Generally, a will made by anyone under 21 is not valid. The Wills Act has narrow exceptions for people on actual military service or at sea.
• In writing. The Act says no will is valid unless it is in writing.
• Signed at the end. The will must be signed at the foot or end by the person making it, or by someone else in their presence and at their direction.
• Two witnesses, present together. The signature must be made or acknowledged in front of two or more witnesses who are present at the same time. The witnesses must then sign the will in the presence of the person making it.

MoneySense adds that the person making the will must be of sound mind, and that the witnesses should be over 21.

Choose witnesses carefully

Under the Wills Act, if a witness, or the husband or wife of a witness, is a beneficiary under the will, the gift to them is void. The will itself still stands, but that person loses what you meant to leave them. The simplest approach is to use two witnesses who receive nothing under the will and are not married to anyone who does.

Keeping your will up to date

A will speaks at the date of death, so it needs to fit your life as it is then, not as it was when you signed it.

• Marriage cancels a will. Under the Wills Act, a will is revoked by marriage, unless the will is expressed to be made in contemplation of that particular marriage. If you marry, you will usually need a new will.
• Changing a will. A will can be revoked by a later will, by a signed and witnessed document revoking it, or by deliberately destroying it. Handwritten changes made after signing generally have no effect unless they are themselves signed and witnessed in the same way as the will.
• Other life events. Divorce, a new child, a death in the family or buying property are good moments to review your will.

Keep the original somewhere safe, and tell your executor where it is.

Do it yourself, or get help?

Nothing in the law requires a lawyer to draw up a will, and some people with simple affairs make their own. The risk is that a signing mistake or unclear wording only comes to light after death, when it can no longer be fixed.

Professional help is sensible if:

• you own property, a business or assets overseas,
• you have children from more than one relationship, or dependants who need long-term care,
• you want to leave assets in trust, or to someone outside your immediate family,
• you expect someone may challenge the will, or
• you are unsure how your will fits with your CPF nomination, insurance nominations or jointly held property.

Whichever route you choose, check your CPF and insurance nominations at the same time. Together with your will, they decide where almost everything goes.