fbpx

REQUIREMENTS OF A WILL

WHO CAN MAKE A WILL

The wills act provides that persons who are at least 21 years old can make a will. The exception to this are soldiers and mariners who are under the age of 21.

VALIDITY OF A WILL

A will is valid if it has the following: –

Signature on the Will

A will must be in writing and signed at the foot of the will. The position of the signature is important because any disposition or direction underneath the signature will have no effect. Additionally, it must be apparent that the testator intended to give effect by his signature to the writing on the will.

Witnesses

The testator must sign the will in the presence of 2 witnesses. No special form of attestation is required by law. Nevertheless, the procedures of obtaining letters of probate will be more straightforward where the will contains a proper attestation clause that is duly completed.

These two witnesses must not be beneficiaries or spouses of the beneficiaries of the will. Otherwise, the will may fail for the attesting witness who is also a beneficiary.

The incompetency of the witness does not affect the validity of the will. If any person at the time of the execution thereof or at any time afterwards, be incompetent to be admitted a witness to prove the execution thereof, the will shall not on that account be invalid.

Revocation of a will

A will is not revoked until a new valid will is executed if there is some writing declaring an intention to revoke it, or by burning, tearing or destroying the will.

RULES RELATING TO SPECIFIC PROPERTY

CPF Monies

CPF Monies cannot be disposed of by will. CPF members who wish to specify who will receive their CPF monies and how much each nominee should receive upon their death can make a CPF nomination. There may be more than one CPF nominee. Nominating a beneficiary of the CPF monies in a will is invalid in the absence of a nomination under the CPF Rules.

Speak to a lawyer now

CONTACT US TODAY

Our specialised lawyers and their team are standing by to assist you. Our first consultation is free.

Trust Insurance Policies

Depending on the terms of your policy, you may lose all rights to the ownership of the policy. This means that the proceeds from the policy now belong to the beneficiaries. Policy owner cannot then unilaterally change the nominations later on, and all rights over the policy will be subjected to the terms and conditions of the trust created. However, there are also revocable nominations, where the policyholder retains full rights & ownership over the policy and can revoke or change the nomination at any time without the consent of the beneficiary.

Joint Tenancies/bank accounts

In joint tenancies, each of the two joint tenants has a concurrent interest in the whole, and on the death of a joint tenant, the sole interest in the whole remains to the survivor. A joint tenancy cannot be severed via a will; proper forms and procedures must be undertaken with the SLA. A joint tenancy gives rise to a presumption of survivorship. Absent other evidence, if the testator does not survive the other joint tenant, the property will not belong to his estate to be distributed.

This is similar to the position for joint bank accounts.

Mortgage of Property

If a person dies with a mortgage on his property, the devisee to whom the property is devised shall not be entitled to have the mortgage debt discharged out of the estate of the person, unless expressly specified in the will.

Overseas Assets

A Singapore grant of probate only applies to Singapore assets. To release assets overseas, you will need to apply for a foreign grant of probate.

Speak to a lawyer now

CONTACT US TODAY

Our specialised lawyers and their team are standing by to assist you. Our first consultation is free.

The information contained within this website contains general information about our lawyers, Law Firm and procedures and is not intended to constitute legal advice.
Any person viewing or receiving information from this Website should not act or refrain from acting, on the basis of any such information without first seeking appropriate legal advice.
Please consult a lawyer for specific review of your case and advise. 

Like this article?

Share on facebook
Share on twitter
Share on linkedin
Share on pinterest

Leave a comment

Start a Conversation

Hi! Click one of our member below to chat on Whatsapp

Joint Managing Partner

Joint Managing Partner

Enquiry from Emerald Law

online

Joint Managing Partner

Joint Managing Partner

Enquiry from Emerald Law

online

Scroll to Top

Speak to a Lawyer Now

Did you forget to claim your free consultation?

Click now to claim your free consultation.