Why is a Will essential?

What is a Will?

A Will is a legal document that says who receives your property when you die, and who is responsible for carrying that out. In Singapore it is governed by the Wills Act 1838.

A Will only takes effect on death. Until then it changes nothing — you can amend it, replace it, or revoke it at any time while you have the mental capacity to do so.

A Will also only controls the assets that form your estate. Several significant assets in a typical Singapore household pass outside the estate entirely, and a Will cannot redirect them:

1. CPF savings: these go to your CPF nominees under your nomination, not under your Will.
2. Property held as joint tenants: this passes automatically to the surviving joint owner by right of survivorship.
3. Insurance policies with a nomination or trust: these are paid to the named beneficiary.

Everything else — bank accounts, investments, property held in your sole name or as tenant-in-common, vehicles, personal belongings — forms your estate and is dealt with by your Will.

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Why everyone should write a valid Will

1. A valid Will reflects your choices, rather than defaulting to the state formula

Without a Will, Singapore law applies a fixed formula under the Intestate Succession Act 1967. That formula does not consider what you would have wanted, who depended on you, or who cared for you. A Will replaces the formula with your actual decisions.

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2. Wills help to prevent disputes amongst your loved ones

Most family conflicts over estates come from ambiguity — who was promised what, who should get the flat, who should be in charge. A clear Will removes most of that.

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3. Wills create a more straightforward process for estate distribution

A Will does not avoid the court process, but it materially shortens it. With an executor already named and no bond required, the application is more straightforward. Intestacy adds steps, cost, and delay to an already difficult period.

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4. You choose who administers your estate

In a Will you appoint an executor. Without one, your family must apply to be administrators, and Singapore law generally requires an administrator to provide an administration bond with two sureties — people willing to stand behind the full sworn value of the estate. That is often difficult to arrange, and it falls on your family at the worst possible time.

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5. You need a Will to name a guardian for young children

Under section 7 of the Guardianship of Infants Act 1934, a parent may appoint a testamentary guardian for their children in a Will. The court retains discretion and always treats the child's welfare as paramount, but your appointment carries real weight. Without it, there is no record of your wishes at all.

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6. A Will is the only way to provide for certain groups of people after your death

The Intestate Succession Act recognises only legal spouses, legitimate and legally adopted children, and blood relatives. It does not recognize other groups of individuals, such as unmarried partners, stepchildren, close friends, helpers, charities, and religious organizations. A valid Will is the only way you can provide for these groups, if they are applicable to you.

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What happens if you die without a valid Will?

One common situation where Wills are not recognized is in the act of marriage: under section 13 of the Wills Act, marriage automatically revokes an existing Will, unless the Will was expressly made in contemplation of that marriage. Many people who married after making a Will are intestate without knowing it.

Dying without a valid Will is called dying intestate. In practice, this includes situations where no Will has been made, and also other circumstances such as when a Will has been revoked, or if a Will does not cover all of one's assets (known as partial intestacy).

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1. Estate distribution defaults to preset rules applied by the state

For non-Muslims, the Intestate Succession Act applies preset rules regarding the distribution of estates based on which family members survive the deceased. For example, if only a spouse is left, the entire estate is provided for the spouse. In situations where are there children, the default distribution provides half of an estate for the spouse, while the remaining children share the other half of the estate. 

For Muslims, a different set of rules applies. Under the Administration of Muslim Law Act 1966, a Muslim domiciled in Singapore has their estate distributed according to faraid, and section 111 limits disposal by Will to one-third of the net estate, generally only to persons who are not already faraid heirs. The family must obtain an Inheritance Certificate from the Syariah Court before applying for a grant.

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2. Administration of probate defaults to state mandated process, which can be lengthy

Without a Will, someone must apply to the Family Justice Courts for Letters of Administration under the Probate and Administration Act 1934. Until the grant is issued, bank accounts are frozen and property cannot be transferred or sold. A straightforward application commonly takes several months. Adding a dispute over who should apply can extend it considerably.

Where a beneficiary is a minor, at least two administrators are required. And no grant may be made to more than four people for the same property.

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As one can already see, the default rules for distribution can easily create challenges and disputes among family members. It is highly advisable for individuals to craft clear and valid Wills to protect their loved ones.

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A Will is critical for those you leave behind

A Will is not about you. You will not experience its consequences — your family will. Without one, your estate is divided by a formula that may not be in line with your actual wishes, and your loved ones will have to deal with a slower, costlier, and potentially contentious process at the hardest moment of their lives.