Legal Tips

Writing A Will

Document Date: 15 February 2011

Here are some Frequently Asked Questions on the topic "Wills":

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 you inform that you have a Will?
   
5. Is my Will valid forever once I have executed it?
   
6. When should I review my Will?
   
7. Can a husband and wife make a joint Will?
   
8. Must I include assets located overseas in my Will?
   
9. What is the role of an Executor?
   
10. Must I tell the Executor that I have appointed him/her to be an executor?
    
11. How can I ensure that the Will will not be lost or tampered with?
    

1. Why should I make a Will?
   
   If you make a will, you can :
• control who will benefit from your estate after your death. This will avoid confusion and will also make distribution faster and easier.
• choose suitable person(s) to be your personal representatives to manage your estate, and give them specific powers.
• appoint guardians for your young children.
• make funeral arrangements.

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2. What happens if I die without a Will?
   
   Your assets will be distributed in accordance with the Intestate Succession Act (Chapter 146).

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3. Can I write my own Will? Do I need to engage a lawyer to write my Will?
   
   A Will is a legal document. 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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4. Who must you inform that you have a Will?
   
   Please do inform your executors and the guardians.
   
   You should also register the particulars of your Will at the Wills Registry run by the Public Trustee's office at www.ipto.gov.sg. This service is free. The Wills Registry charges a fee when a search application is done for particulars of a Will.

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5. Is my Will valid forever once I have executed it?
   
   Yes. However, a Will is automatically revoked everytime you write a new Will, or when you marry or when you remarry.

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6. When should I review my Will?
   
   You should consider reviewing your Will in the following situations:
   
   • When you get married;
   • When you get divorced;
   • When you dispose of assets that are set out in the Will or gain new assets;
   • When a beneficiary dies;
   • When you decide to change the beneficiaries;
   • When you wish to replace the executor(s), trustee(s) or guardian(s); and
   • When you subsequently have more children or grandchildren.

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7. Can a husband and wife make a joint Will?
   
   Yes, but for practical reasons, it may be advisable to make separate Wills. You should seek independent legal advice on this matter.

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8. Must I include assets located overseas in my Will?
   
   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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9. What is the role of an Executor?
   
   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 it according to your wishes as set out in your Will.

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10. Must I tell the Executor that I have appointed him/her to be an executor?
    
    Yes, you are encouraged to do so because an executor has a responsibility to collect your assets, pay your debts (if any) and distribute your estate according to the wishes of your Will.

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11. How can I ensure that the Will will not be lost or tampered with?
    
    You should approach your lawyer for assistance who will advise you on the available options that are applicable to your personal circumstances.

[Ref: LG/VY/LPN/Feb2011]