Despite the fact that a will is the single most critical document in the inheritance process, there currently exists no common standard for will writing. Given this, there exists a large variance in the quality and comprehensiveness of wills. Since writing a will is typically a private affair, many individuals are also unaware that the wills that have already written may not follow best practices and principles.
We outline a number of best practices which form our core approach at Beyond Life to will writing.
1. Anchor on the formal legal and procedural requirements for a valid Will
Under section 6 of the Wills Act 1838, a valid Will must be a.) made in writing, b.) physically signed at the foot or end of the Will, and c.) acknowledged in the presence of two witnesses who are present at the same time, and who must each sign the Will in your presence.
These strict requirements must be followed in order for a Will to be valid. With the proliferation of digital tools, there have been many cases where even the basic legal formalities are overlooked, leading to situations where individuals who thought that had written a legal, valid Will, only for their loved ones to find out later that there were issues with the Will. It is important to note that these lapses can also lead to situations where the validity of a Will is challenged in court.
2. Never let a beneficiary (or their spouse) witness the Will
Under section 10 of the Wills Act, a gift to an attesting witness or that witness's spouse is void. Simply put, the attesting witness or their spouse would not be able to receive any part of your estate.
This is the single most common and most avoidable error in home-made Wills. It is important to ensure that the two witnesses have zero interest in the estate.
3. Always include a residuary clause in the Will
A residuary clause states clearly who receives the assets which are not specifically dealt with in the listed estate of any given Will. Without this clause, any asset which is not named falls into partial intestacy and is distributed under the Intestate Succession Act formula.
It is absolutely critical to use a residuary clause to prevent a complicated probate process which can lead to unexpected outcomes.
4. Name substitutes for executors and beneficiaries
While it may be natural to assume that your executors and beneficiaries will survive you, this may not be the case in reality. It is important to name substitute executors as well as substitute beneficiaries for significant gifts. Without a substitute executor, any issues relating to the named executor would result in a more lengthy and complicated probate process.
Without naming substitutes for your beneficiaries, a gift to someone who predeceases you lapses and falls into residue. If not residual clase is included, this then lapses into intestacy.
5. Use clear, direct, and specific language to avoid ambiguity
Always be specific in your language, whether in naming beneficiaries / executors (use their full legal names), identifying assets (e.g. account numbers, specific items in your estate), or stating amounts and percentages clearly. Check that what is stated is comprehensive and there is nothing 'left out' by accident.
Ambiguous language naturally leads to complications and potential contests in the probate process. Clear, precise language enables your executor to deliver the distribution of your asset promptly and decisively, without needing to find interpretations for your wishes.
At Beyond Life, we guide you hand-in-hand in the Will drafting process to ensure best practices are used in the actual language of the Will.
6. Choose your executor well and always appoint a substitute executor
Your executor should be willing, contactable, organised, and preferably resident in Singapore. It is paramount to ask this person for their consent and agreement, as the law enables them to renounce their role as executor.
It is also crucial to name a trusted substitute executor and inform this individual of their role.
It is not advisable to name several co-executors to a Will. This frequently results in disputes when there are disagreements amongst the executors, who may all be beneficiaries of the Will. Such situations can easily stall the probate process from months to years.
7. Plan for assets that cannot form part of your estate in your Will
There are a number of common assets which cannot legally form part of your estate. These include your CPF savings, property held in joint tenancy, and any insurnace plans with a nomination of trust. The beneficiaries of these assets need to be named in advance, in accordance with the procedures involved for each of them.
Planning ahead for these assets should be of paramount importance. At Beyond Life, we have comprehensive checklists and advisory to ensure that all assets you own are covered.
8. Include proper provisions for minors
As children under the age of 21 cannot receive distributions of assets directly, a well written Will needs to clearly delineate what age they will inherit the assets, as well as clear powers for trustees to apply funds for their maintenance and education in the interim period.
Under section 7 of the Guardianship of Infants Act 1934, you can also appoint a testamentary guardian: someone who is legally appointed to care for your young children in the event of your passing. This guardian does not need to be a family member, and can be any trusted party.
It is important to note that where a beneficiary is a minor, at least two administrators are required if there is no Will. This is another challenge for estates where no Will has been made.
9. Take precautions if you are elderly or unwell
There are many instances when the person making a Will (known as a 'testator') may already be elderly or seriously ill. In such situations, the testator's capacity for making the Will needs to be assessed by a medical practitioner at the time the Will is made, and this assessments needs to be kept as a record.
This is a critical point as the courts in Singapore have expressly encouraged the avoidance of litigation over the Wills of testators affected by dementia and other conditions associated with old age.
It is thus good practice to plan for and write your Will earlier in your life, when you are healthy and of sound mind.
10. Keep a written record or transcript of your discussions when drafting a Will
There have been instances of disputes from family members when clear records of the Will writing process have not been documented and recorded properly. It is important for contemporaneous written notes to be taken during discussions between the testator and the advisors who are drafting the actual written Will.
In the event of any future challenges, such documentary evidence is invaluable in preventing prolonged disputes.
Given that Wills may or may not treat all family members equally, documenting the process and even the reasons behind the planned distribution is also recommended, since the Will becomes a public document once probate is granted.
At Beyond Life, we document all parts of the Will writing process
11. Store your Will securely and ensure that those you trust know where to access it
Under Singapore law, a valid Will needs to be physically available. One of the most common issues faced by executors is that they are not aware of where the physical Will is stored. It is also a common misconception that keeping the written Will in a location such as a safe deposit box is the best option - it is not possible for your executor to open the safe deposit box without a grant after one's passing.
The Singapore Academy of Law Wills Registry is a voluntary registry that records that a Will exists and where it is held. While this is not a formal requirement, the registry is helpful in keeping a proper record of the existence and location of a Will.
12. Review your Will regularly and re-write your Will when necessary
It is best practice to write a Will when you are younger and of sound mind. However, many individuals also write a Will and do not take steps to review the Will periodically. As such, their Wills may already be less relevant as their life circumstances may have already changed. Some key life events include marriage, divorce, the birth or adoption of a child, buying or selling property, and significant changes in assets.
At Beyond Life, we believe that regular review of Wills is a necessary and key component of good estate planning. This forms a core component of our Life+ plan, which takes care of your estate planning needs for life.
Following best practices in will writing is essential to ensure that your wishes and wants are comprehensively accounted for, with no ambiguity. A poorly written will (which can be too simple or too convoluted, or exclude many key considerations which need to be factored in) can create a problematic outcome upon your passing.
At Beyond Life, we adhere to strict principles and best practices in our will drafting process. We do not compromise on the quality of writing and adopt a detail-oriented approach to ensure no stone is left unturned.
20 August 2026
Beyond Life
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