Legal Tips

Writing A Will

Document Date: April 2012

Here are some Frequently Asked Questions on the topic "Writing A Will":

  1. Why should I make a Will?
  2. What happens if I die without a Will?
  3. Can I write my own Will? Do I need to engage a lawyer to write my Will?
  4. Who must I inform that I have a Will?
  5. Is my Will valid forever once I have signed it?
  6. When should I review my Will?
  7. Can a husband and wife make a joint Will?
  8. Should I include assets located overseas in your Will?
  9. What is the role of an executor?
  10. Should I tell my executor that I have appointed him as executor?
  11. How can I ensure that my Will will not be lost or tampered with?

Q1. Why should I make a Will?
A1. 

If you make a will, you can:

  • control who will benefit from your assets after your death. This will avoid confusion and will also make distribution faster and easier;
  • choose suitable persons to be your personal representatives (also known as executors) to manage your estate, and give them specific powers;
  • appoint guardians for your young children; and
  • make funeral arrangements

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Q2. What happens if I die without a Will?
A2.

Your assets will be distributed in accordance with:

  1. Intestate Succession Act (Cap 146) if you are a non Muslim; or
  2. Administration of Muslim Law Act (Cap 3) if you are a Muslim.

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Q3. Can I write my own Will? Do I need to engage a lawyer to write my Will?
A3.

A Will is a legal document that governs the distribution of your assets after your death. Therefore, it is advisable to engage the help of a lawyer to write your Will.

NTUC Income provides a hassle-free and affordable Will writing service. Please feel free to email will@income.com.sg.

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Q4. Who must I inform that I have a Will?
A4.

You have to inform your executors and the guardians, if any.

You may consider registering information on your Will at a confidential Wills Registry maintained by the Public Trustee's office. This service is free but a fee is chargeable when a search application is done for information on your Will.

For more information on Wills Registry, please click www.ipto.gov.sg

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Q5. Is my Will valid forever once I have signed it?
A5.

Yes. However, a Will is automatically revoked when you:

  • write a new Will
  • marry or re-marry.

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Q6. When should I review my Will?
A6.

You should consider reviewing your Will when:

  • you get married;
  • you get divorced;
  • you dispose of assets that are set out in the Will or gain new assets;
  • a beneficiary dies;
  • you decide to change the beneficiaries;
  • you wish to replace the executor(s), trustee(s) or guardian(s); and
  • you subsequently have more children or grandchildren.

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Q7. Can a husband and wife make a joint Will?
A7.

Yes, but for practical reasons, it may be advisable to make separate Wills. You should approach a lawyer for advice.

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Q8. Should I include assets located overseas in my Will?
A8.

Yes, but that is if you are not making a separate Will to cover your overseas assets. You should approach a lawyer for advice on how best to deal with your overseas assets taking into account your personal circumstances.

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Q9. What is the role of an executor?
A9.

An executor's role is to apply to the Court for a Grant of Probate, which gives formal authority to the executor and the Will. Once the Probate is granted, the executor will be authorised to take charge of your assets and distribute the assets according to your wishes as set out in your Will.

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Q10. Should I tell my executor that I have appointed him as executor?
A10.

Yes, you are encouraged to do so because an executor has a responsibility to gather your assets, pay your debts (if any) and distribute your assets according to your Will.

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Q11. How can I ensure that my Will will not be lost or tampered with?
A11.

You should approach a lawyer for assistance. You lawyer will advise you on the available options that are applicable to your personal circumstances.

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