All about making a will
by threeBuzz.
by threeBuzz.
You can also fill in the details on our website, followed by printing
it
out, and
then get the witnesses to sign the document.
Section 1 contains notes on making a will in Singapore
Please read these notes before preparing your will
This notes apply to Singapore. Please consult a lawyer in
your
own country concerning specific
laws and regulations.
Section 2 contains a sample template for making a will yourself in Singapore
You can print this out and complete the details in writing
You can download this document for free, fill in the details
in
your own computer, and then print
it out for signing by the witnesses
Final reminders
The original will is required for the execution of the will. Keep
it
in a safe place.
Take steps to notify your will executors the location of your will.
You can use the threeBuzz service to notify your trusted persons the
existence of your will, and the location where it is kept.
Section 1: Notes on making a will in Singapore
What is a Will
A Will is made to provide for the administration
and distribution of what a person owns ('his estate') among his
beneficiaries after his death. This person is called 'the testator'.
Beneficiaries' are those who inherit or benefit under the
Will.
The 'Executor' is the person nominated by the testator to
administer and distribute his estate upon his death.
Usually, the same person is appointed as executor and trustee (a person who has the power to
hold the estate
of the deceased on the death of the deceased).
If there are beneficiaries who are minors (persons under the
age
of 21 years) named in your Will, it will be
preferable to have at least two Executors/Trustees who would be able to administer or hold
any
assets or
invest or use any money for the benefit of the minors.
You don’t have to be rich to make a will.
There is no sum that is too small for a will
You are not too young to write a will.
Do You Need a Lawyer
If you are 21 years and of sound mind, you may make your own
Will
and change it at any time during your
life without consulting a lawyer.
There is the risk is that your home-made Will may be
ineffective or invalid, causing your beneficiaries to
suffer unnecessary expense. Therefore consider consulting a lawyer who can advise you and
draft
your
Will for you according to law.
However, if you are a soldier in active military service,
or a mariner or a seaman at sea, you may make a Will even though you are under 21 years of
age
What You should include in a Will
A list of all your assets.
A list of your liabilities. You must state how you
want your debts to be paid off before your assets are distributed to the beneficiaries.
You should state the person(s) or organisation(s)
('Beneficiaries') to whom you wish to give away your
property and assets, and how much each one is to receive. For example, you may give away
your
house,
car, shares, insurance policies, bank accounts, cash and jewellery to family members,
friends or
to charities.
The Executors (to carry out your Will). A Beneficiary may
also be
the executor.
The Advisors (lawyers, accountants, etc).
A revocation clause to revoke any and all other Wills.
A residual clause that distributes any remainder of your
assets
according to your wishes. For example,
if a beneficiary dies before you, the assets bequeathed to him becomes the remainder.
Not all assets can be distributed.
Money in your Central Provident Fund (‘CPF’) cannot be
included
in a Will (see next paragraph).
Property held in joint tenancy is also excluded, as the
surviving
owner has the legal right to take full
possession.
Other excluded assets are cash in joint savings accounts, and
insurance monies with a nominated
beneficiary.
Money in Your Central Provident Fund ('CPF')
If you have made a nomination under the
CPF Act, your nominee shall be entitled to the funds in your
CPF account regardless of what is stated in your Will. If you have not made a nomination,
your funds will be distributed under the law in accordance with the Intestate Succession
Act.
If you get married after making a nomination,
your nomination made before marriage is automatically
cancelled. Therefore, you ought to make a new nomination after marrying.
Witness Your Will
The signing of your Will must be witnessed by two persons and
they must both be present at the same time.
Witnesses must not be beneficiaries under the Will.
Neither can they be the husband or wife of any of the beneficiaries.
Changing Your Will
Never attempt to change your Will by crossing parts out or
adding
words in or by attaching anything to it.
If you do so your Will may become ineffective or invalid.
If you wish to change your Will, either make a fresh Will or
prepare a Supplemental Will (a 'Codicil').
Revoking Your Will
A Will is generally revoked by marriage.
A Will can be revoked by a new Will, a written revocation, or
by
destroying the old Will.
Reviewing Your Will
If you marry or remarry, your Will is nullified or
cancelled unless the Will was made in contemplation of your marriage.
You should review your Will if any of the following happens:
if you change your name or anyone mentioned in the Will
changes
his name;
if an executor or trustee dies or becomes incapable of
carrying
out his duties owing to ill-health;
if a beneficiary dies;
if you subsequently sell or part with any property
mentioned in
the Will;
if there is any significant change in circumstances, for
example, when you acquire property or assets
which have not been mentioned in your Will.
It is advisable to review your Will regularly.
Making Known Your Will
It is important that your family and especially
your executors know that you have a Will and where you have kept it.
Your lawyer can look after it for you. You should then give
your
executors your lawyer's name and address.
You may also register and deposit information of your Will at
the
Will Registry upon payment of a fee.
You can store a copy of your Will in the threeBuzz App. This
copy
will be forwarded to your Trusted Persons,
together with all your other important information, if something happens to you. Although
the
original
Will is required for execution of the will, the threeBuzz Service serves to inform your
Trusted
Persons
the existence of your Will. For the same purpose, you may like to indicate in the threeBuzz
Service where
the original copy of your Will is kept.
If you pass away without making a Will, your assets will be
distributed according to the rules of intestacy
as laid down in the Intestate Succession Act.
If you die without making a Will, your estate may be
distributed
to persons to whom you do not intend to
give anything.
You can store a copy of your Will in the threeBuzz App. This
copy
will be forwarded to your Trusted Persons
together with all your other important information, if something happens to you. Although
the
original Will
is required for execution of the will, the threeBuzz Service serves to inform your Trusted
Persons the existence
of your Will. For the same purpose, you may like to indicate in the threeBuzz Service where
the
original copy
of your Will is kept.
Therefore, if you want to provide especially for your family
members, friends or a charity after your death,
you should consider making a Will as it will be easier and more convenient.
Syariah Law
Some of the points mentioned above do not apply to Muslims.
Under
Section 115(1) of the Administration
of Muslim Law Act, the beneficiaries must apply to the President of the Syariah Court for an
Inheritance
Certificate to establish the share of each beneficiary. Muslims can only dispose of or give
away
1/3 of
their estate to persons who are not already entitled under the Inheritance Certificate
mentioned
above.
