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Write a Will

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Write a Will | Bestar
Write a Will | Bestar


Singapore Will Writing Guide



Will Singapore: A Comprehensive Guide to Protecting Your Legacy


Planning for the future can feel daunting, but securing your assets and ensuring your loved ones are provided for is one of the most important steps you can take. In Singapore, creating a valid Will is the cornerstone of effective estate planning.


This article provides a comprehensive guide to writing a Will in Singapore, covering the essential requirements, benefits, and next steps.



Why Writing a Will in Singapore is Essential


Many people assume their assets will automatically go to their desired beneficiaries. However, without a valid Will, the distribution of your estate (everything you own) will be governed by Singapore's Intestate Succession Act.



The Problem with Dying Intestate (Without a Will)


If you die without a Will, the Intestate Succession Act dictates a fixed formula for asset distribution. This formula might not align with your wishes, potentially leading to:


  • Financial Stress for your spouse or children during a difficult time.


  • Disputes among family members over property and money.


  • Unintended Beneficiaries receiving portions of your estate (e.g., distant relatives instead of a long-term partner).


  • Delays in the administration of your estate, as the process of applying for the Grant of Letters of Administration can be long.



What Makes a Will Valid in Singapore? (The 4 Key Requirements)


To ensure your Will is legally binding and can be executed smoothly, it must strictly comply with the Wills Act (Cap 352). Failing to meet even one of these requirements can invalidate the entire document.


Description

1. Must be in Writing

The Will must be documented in a physical format. While typically typed, it can be handwritten, but must be legible.

2. Testator's Age

The person making the Will (the Testator) must be at least 21 years old.

3. Testator's Signature

The Testator must sign the Will (or have someone sign it on their direction and in their presence). The signature must be made with the intention of giving effect to the Will.

4. Attestation by Witnesses

The Testator's signature must be made or acknowledged in the presence of two or more witnesses who are present at the same time. The witnesses must then sign the Will in the presence of the Testator. Crucially, the witnesses (or their spouses) cannot be beneficiaries in the Will.

⚠️ Important Note: If a beneficiary or their spouse acts as a witness, the Will remains valid, but the gift to that particular beneficiary will be voided under the Wills Act.


Essential Components to Include in Your Singapore Will


A well-drafted Will should clearly specify your instructions on four key areas:



1. Appointment of Executor(s)


  • Executor: The person(s) you choose to administer your estate, apply for the Grant of Probate, settle your debts, and distribute the assets according to your instructions.


  • Tip: Choose someone trustworthy, responsible, and preferably younger than you. You should also appoint a substitute executor in case your primary choice is unable or unwilling to act.



2. Specific Gifts (Bequests)


  • This section details who will receive specific assets, such as a piece of jewelry, a car, or specific amounts of cash.


  • Tip: Be precise. Instead of "my house," use the full address or title deed number.



3. Appointment of Guardian(s) (For Minor Children)


  • If you have children under the age of 21, you must nominate a Testamentary Guardian to care for them after your death. This is one of the most vital reasons for parents to make a Will.



4. Residuary Estate Clause


  • The Residuary Estate is everything that remains after debts, taxes, and specific gifts have been paid out. This clause specifies who will receive the remaining assets, ensuring nothing is left unaccounted for.



Understanding Your Assets: CPF and Insurance


Two major Singaporean assets are treated uniquely and often require attention outside the Will:


1. Central Provident Fund (CPF) Monies


  • CPF savings do not form part of your estate. They are distributed based on a CPF Nomination.


  • If you have not made a CPF Nomination, your CPF savings will be distributed according to the Intestate Succession Act, not your Will.


  • Action: Make a separate, official CPF Nomination to ensure your CPF savings go to your intended recipients.


2. Insurance Policies


  • Policies with a Trust Nomination: If you have made an irrevocable or revocable nomination under the Insurance Act, the payout will go directly to the nominees and not be included in the Will.


  • Policies without a Nomination: The payout will form part of your estate and be distributed according to your Will.


  • Action: Review all your life insurance policies to confirm who the beneficiaries are.


DIY Will Kit vs. Professional-Drafted Will


While DIY Will kits are available and can save costs, they carry significant risks in Singapore:

Feature

DIY Will Kit

Professional-Drafted Will

Risk of Invalidity

High. Prone to errors in legal wording or execution (witnessing) that can void the Will.

Low. Prepared by a professional who ensures compliance with the Wills Act.

Complexity Handled

Simple Estates Only. Not suitable for complex assets, foreign properties, or special needs trusts.

All Estates. Handles complexity, tax considerations, and potential future scenarios.

Cost

Low (or free).

Higher upfront cost.

Peace of Mind

Limited.

High.

💡 Recommendation: It is highly recommended to engage a qualified Singapore-based professional, especially if you have children, own property, or have assets exceeding $100,000.


Your Next Steps to Secure Your Legacy


  1. Inventory Your Assets: List all your properties, bank accounts, investments, and valuable items.


  2. Identify Beneficiaries: Decide who you wish to inherit your assets.


  3. Choose Your Executor & Guardian: Select trusted individuals for these critical roles.


  4. Engage a Professional: Consult a Singapore professional specializing in estate planning to draft your Will and review your CPF/Insurance nominations.


  5. Review Regularly: Life changes—marriage, divorce, birth of a child, or major asset purchases require a review or a Codicil (amendment) to your Will.


Don't leave your family's future to chance. Taking the step to write a Will in Singapore is a simple act of love and responsibility that provides clarity and protection when it is needed most.



Bestar Singapore: Your Partner for Professional Will Writing & Estate Planning


When it comes to securing your legacy in Singapore, having a professionally drafted Will is non-negotiable. While Bestar Singapore is primarily recognized as a leading firm for Corporate Services, Accounting, Tax, and Financial Consulting (including company registration, audit, and tax advisory), we also offer support in the crucial area of Wills and Estate Planning.


Bestar integrates Will-writing services as part of our comprehensive strategy to ensure clients—especially business owners and High Net Worth Individuals (HNWIs)—have complete control over both their business and personal assets.



Bestar Singapore's Approach to Will Writing & Estate Planning


Bestar's focus on professional compliance and advisory services extends directly to the security of your final wishes. Our Will-writing service is typically structured to provide maximum legal validity and strategic foresight.



1. Ensuring Legal Compliance (Wills Act)


The core value of engaging a professional like Bestar is the assurance that your Will meets the stringent requirements of Singapore's Wills Act (Cap 352).


  • Proper Execution: We ensure the document is correctly signed and attested by two qualified witnesses who are not beneficiaries, thereby preventing the Will from being challenged and invalidated due to technical errors.


  • Clear Language: We use precise legal terminology to clearly define beneficiaries, assets, and specific bequests, eliminating ambiguity that can lead to costly family disputes after your passing.



2. Strategic Asset Management


Given Bestar's strong background in corporate and financial advisory, we are particularly well-suited to help clients with complex financial structures:


  • Business Succession: For entrepreneurs, we can integrate the Will with broader business succession plans, ensuring the smooth transfer of company shares, directorships, and corporate assets.


  • Complex Estates: We advise on the distribution of varied assets, including overseas property, investments, and funds held in various jurisdictions.


  • Guardianship & Trusts: We guide you in formally appointing a Testamentary Guardian for minor children and can advise on setting up Testamentary Trusts to manage funds for specific beneficiaries (e.g., young adults or dependents with special needs).



3. Will Registry and Safekeeping


A key part of the process is ensuring the Will is locatable when needed. Bestar assists clients with:


  • Wills Registry: Guiding you through the process of submitting the Will's information to the Singapore Academy of Law (SAL) Wills Registry. This registers the existence and location of the Will, though the original document is kept elsewhere.


  • Secure Custody: Offering professional safekeeping services for the original hard copy of the Will, ensuring it remains secure, undamaged, and accessible to the Executor upon your demise.



The Will-Writing Process with a Professional Firm


Engaging a firm like Bestar simplifies the process of securing your legacy:


  1. Initial Consultation: A thorough discussion of your assets (both local and overseas), liabilities, and final distribution wishes.


  2. Drafting & Review: A legal professional drafts the Will, ensuring all clauses (Executor appointment, Bequests, Residuary Clause, Guardianship) are legally sound and reflect your intent.


  3. Execution: The formal signing ceremony, supervised by the professional to ensure strict adherence to the Wills Act witnessing requirements.


  4. Safekeeping & Registration: Optional secure storage of the original document and registration of the Will's existence with the SAL Wills Registry.



Protect Your Loved Ones: Don't Rely on the Intestate Act


By choosing a reputable and professional service like Bestar, you take control away from the rigid Intestate Succession Act. A legally sound Will allows you to:


  • Appoint Your Choice of Executor to administer your estate efficiently.


  • Determine Exact Distribution of your wealth to specific beneficiaries.


  • Nominate a Guardian for your minor children, providing immense peace of mind.


  • Minimise Family Disputes by clearly stating your final wishes.



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