Wills Registry

SAL Wills Registry | Bestar

Wills Registry

The Singapore Academy of Law (SAL) Wills Registry is a confidential registry where you can deposit information about a will you have made. Here are the key points about the registry:

• What it is: The registry stores specific, limited information about a will, such as the details of the person who made the will (the testator), the date the will was made, the details of the person who drafted it, and the location where the physical will is held.

  
  

• What it is NOT: The registry does not store the actual physical will or a copy of it.

  
  

• Is it compulsory? No, depositing your will information with the registry is not mandatory, and the validity of your will is not dependent on whether it is registered.

  
  

• Why register? The main purpose of the registry is to help your loved ones or legal representatives locate your will after your death. If they don't know if a will exists or where it is kept, they can search the registry.

  
  

• Confidentiality: The information in the registry is confidential and will only be released to specific people, such as the deceased's next-of-kin or the lawyers acting for the estate, upon production of the necessary documents (e.g., a death certificate).

  
  

• Cost: There is a fee to deposit a new will record or to search for an existing one.

  
  

• Updates: If you create a new will, you should deposit a new record with the registry and pay the fee again. The registry does not allow for amendments to existing records to maintain the integrity of the information.

  
  

• Management: The Wills Registry was transferred from the Public Trustee's Office to the Singapore Academy of Law (SAL) on May 4, 2020.

Fees

The fees are as follows:

• To deposit a new will record: S$50 per submission

  
  

• To search for a will record: S$10 per submission

  
  

It's important to note that these are the fees charged by the SAL Wills Registry itself. If you engage a law firm or a will-writing service to handle the registration for you, they may charge an additional administrative or professional fee on top of the registry's fee.

Professional Fees

While the Singapore Academy of Law (SAL) Wills Registry has a fixed, one-time fee, the professional fees charged by law firms or will-writing services can vary.

Here's a breakdown of the professional fees:

• Law Firms and Will-Writing Services: These professionals often charge an administrative fee for handling the registration process on your behalf. This fee covers their time and effort in preparing and submitting the information to the SAL Wills Registry. This can be a flat fee or a small percentage of the total cost. For example, some firms may charge a total fee of around S$100, which includes the S$50 fee for the registry and an additional S$50 for their administrative work.

  
  

• Combined Packages: Many law firms and will-writing services offer a combined package that includes both the will-drafting service and the will registration. The professional fee for drafting a simple will in Singapore can range from S$200 to S$500. This amount is for the lawyer's professional services to ensure the will is legally valid and reflects your wishes correctly.

  
  

• Complexity of the Will: The professional fees for drafting a will can increase significantly if your will is complex. Factors that can increase the cost include:

  
  

  • Having overseas assets.

  • Setting up trusts within the will.

  • Making specific, detailed bequests to many different beneficiaries.

  • Complex family situations (e.g., blended families, dependents with special needs).

In summary, the professional fee is separate from the government fee. It is the charge for the professional service of an individual or firm to assist you with the process, which can provide peace of mind that the registration is handled correctly.

How Professional can Help

Engaging a professional like a lawyer or a specialized will-writing service can provide significant benefits beyond simply submitting the information to the SAL Wills Registry. While the registration process itself is straightforward, a professional's expertise is crucial for the legal validity and effectiveness of the will itself.

Here’s how a professional can help:

1. Ensuring Legal Validity

A will must adhere to the strict legal formalities set out in the Wills Act in Singapore to be valid. A professional will ensure that your will is:

• In writing: The will must be a physical document.

  
  

• Signed correctly: Signed by the testator (the person making the will) at the end.

  
  

• Witnessed properly: Signed by two or more witnesses in your presence. These witnesses cannot be beneficiaries or the spouses of beneficiaries, as this would void any gift to them.

  
  

Even a simple mistake, like an improperly witnessed signature, can render the entire will invalid. A professional will ensure all these steps are followed correctly, reducing the risk of a legal challenge later on.

2. Tailoring the Will to Your Specific Needs

While there are online templates available, they may not cover all your circumstances. A professional can provide customized advice for your unique situation, which may include:

• Complex assets: Advising on how to handle assets like properties held in joint tenancy (which don't pass through a will), overseas assets, or shares in a business.

  
  

• Dependent care: Appointing a legal guardian for your minor children and setting up a trust to manage their inheritance until they are of age.

  
  

• Managing liabilities: Ensuring your debts and taxes are accounted for and paid from your estate.

  
  

• Specific bequests: Clearly outlining specific gifts to individuals, charities, or organizations, and avoiding ambiguity that could lead to disputes.

  
  

• Excluding beneficiaries: Legally and properly disinheriting a family member to prevent them from challenging the will under the Inheritance (Family Provision) Act.

  
  

3. Preventing Disputes and Legal Challenges

A poorly drafted or ambiguous will is a recipe for conflict among family members after your death. A professional helps to:

• Provide clarity: Use precise legal language to prevent misunderstandings and disputes over who gets what.

  
  

• Minimise the risk of challenge: Draft the will in a way that minimizes the chances of a family member successfully challenging it in court on grounds like undue influence or a lack of mental capacity.

  
  

• Appoint a suitable executor: Advise on who would be the best person to serve as your executor—the person responsible for carrying out the instructions in your will.

  
  

4. Handling the Registration Process

While the SAL Wills Registry's online form is simple, a professional can handle the entire process for you. This includes:

• Submitting the information: They will ensure the correct information is submitted to the registry, including the date of the will, the solicitor's details, and the location of the physical will.

  
  

• Securely storing the will: Many professionals offer will custody services, where they store the original physical will in a fireproof safe or secure vault. This ensures the will is not lost, damaged, or tampered with.

  
  

In essence, while you can technically register a will on your own, a professional's role is not just about the registry. Their primary value lies in ensuring your will is a legally sound, effective, and dispute-proof document that accurately reflects your final wishes.

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