Writing a Will is a huge step to protect the people you care about. But a simple mistake can lead to family fights, huge delays, and even cause the court to ignore your wishes.
Here are the 10 most expensive and common errors people in Singapore make when making their Will.
1. Not Making a Will at All
This is the biggest mistake. Many people think, "My assets will just go to my spouse and kids."
- The Problem: If you pass away without a Will (this is called dying Intestate), the government's strict rules (Intestate Succession Act) decide where every dollar goes.
- The Cost: This rule may cut out people you love (like elderly parents) or split assets in a way that creates huge problems (for example, giving minor children a share that the parents can't easily access).
- Simple Tip: Write your Will now. It's the only way to be sure your money and assets go exactly where you want them to.
2. Forgetting to Update It After Big Life Changes
Life changes quickly! Marriage, divorce, having children, or buying a new house all affect your old Will.
The Problem: In Singapore, getting married will usually cancel an existing Will unless it was clearly made in contemplation of that marriage. Divorce, however, does not automatically cancel a Will.
The Cost: This means that after a divorce, an ex-spouse may still stand to inherit if the Will is not updated. To avoid unintended outcomes, it is important to review your Will after marriage to provide for your spouse, and after divorce to remove your former spouse both as a beneficiary and as an executor and update your plans. Failing to do so can expose your estate to unnecessary risk and may result in assets being distributed in a way you never intended.
Simple Tip: Review your Will every time a major life event happens: marriage, divorce, a child's birth, or buying or selling property.
3. Mixing Up Your Will and Your CPF Savings
This is a uniquely Singaporean mistake. Your CPF savings cannot be given away in your Will.
The Problem: If you don't make a separate CPF Nomination, your CPF money will be distributed by the Public Trustee using the Intestate Succession Act rules, which may completely ignore what your Will says.
The Cost: This causes huge delays and takes control away from your Executor.
Simple Tip: Make a separate, official CPF Nomination to cover all your CPF savings.
4. Forgetting About Jointly-Owned Property
If you own a property with someone else as Joint Tenants (common for HDB flats and many couple-owned homes), that asset is not covered by your Will.
The Problem: When one Joint Tenant passes away, their share automatically goes to the surviving co-owner, no matter what your Will says. This is called the right of survivorship.
The Cost: You cannot Will your half of the flat to your children or parents if you hold it as a Joint Tenant with your spouse.
Simple Tip: If you want to Will your share to someone other than the co-owner, you must change the ownership status from Joint Tenancy to Tenancy-in-Common while you are still alive.
5. Using the Wrong Witnesses
In Singapore, your Will must be signed in front of the right people, or the whole document is void.
The Problem: The law requires two people to witness you sign the Will. These witnesses cannot be a beneficiary in the Will, nor can they be the spouse of a beneficiary.
The Cost: If a person who receives a gift in your Will also witnesses the Will, the gift to them is cancelled. The rest of the Will remains valid, but that person gets nothing.
Simple Tip: Use two independent, trustworthy friends or neighbours who are not receiving anything from your Will.
6. Appointing a Bad or Unwilling Executor
Your Executor is the manager of your estate. They apply to the court for the Grant of Probate and handle all the paperwork and distributions.
The Problem: Choosing someone who is too old, easily stressed, disorganised, or simply unwilling to do the work will create major headaches and delays for your family.
The Cost: Delays mean your loved ones cannot access necessary funds, and the court process drags on, increasing costs.
Simple Tip: Choose someone reliable and responsible who is over 21. Name a backup Executor in case your first choice cannot act.
7. Not Appointing a Guardian for Minor Children
If you have children under 21, you must name a Guardian in your Will.
- The Problem: If both parents pass away, the Will is the only legal document where you can officially appoint a Testamentary Guardian.
- The Cost: Without a named guardian, the court will step in to decide who raises your children. This may not be the person you would have chosen.
- Simple Tip: Clearly name a guardian (and a backup) and discuss the responsibility with them beforehand.
8. Writing a "DIY" Will with Foreign Templates
There are many cheap or free Will templates online, but most are written for countries like the US or UK.
- The Problem: These templates often use terms and legal rules that do not exist or have a different meaning under Singapore's Wills Act.
- The Cost: The confusing or wrong language often forces your Executor to go to court just to ask a judge what the Will means, which costs the estate a lot of money and time.
- Simple Tip: Always get help from a local Singaporean lawyer who knows the local laws to ensure your Will is 100% valid.
9. Failing to Deal with the Unexpected (Contingencies)
What happens if one of your beneficiaries passes away before you do?
- The Problem: If you don't name a backup beneficiary for a specific gift, that gift is considered to have lapsed. This money or asset then falls into the rest of your estate.
- The Cost: If you haven't included a Residuary Clause (the section that deals with everything leftover), that money is distributed by the rigid government rules (Intestate Succession Act).
- Simple Tip: Always name a backup person for your main gifts. Make sure you have a clear clause that handles all the "leftover" or "unaccounted-for" assets.
10. Forgetting to do Your LPA (Thinking a Will Covers Everything While You Are Alive)
A Will only deals with assets after you pass away. It cannot manage your medical care or bank accounts if you become unable to make decisions (mentally incapacitated).
- The Problem: If you become mentally unwell and haven't planned ahead, your family must apply to the court for a Deputyship Order to manage your money. This is a slow, expensive, and stressful process.
- The Cost: Your family may face serious difficulty paying your bills or making critical medical decisions.
- Simple Tip: Create a Lasting Power of Attorney (LPA) to appoint a trusted person to manage your affairs while you are alive. This is an essential document that works with your Will.
Protect Your Loved Ones Today
Writing a Will is the kindest thing you can do for your family. By avoiding these common mistakes and getting the right legal help, you ensure a smooth, worry-free process for the people you leave behind.
Contact PKWA Law’s Wills Lawyers
Contact our experienced team of family lawyers. We are here to help you draft your Will with confidence and at affordable fees.
Contact our experienced Wills & Probate team today to review or draft your Will.
