Singapore's Leading Will Lawyers
Serving the heartlands for over 30 years
The importance of making a Will
A will stands as one of the most pivotal documents you'll ever create in your lifetime. It's not just a piece of paper; it's a powerful legal tool that empowers you to shape the destiny of your assets and wishes after your passing. With a will, you can:
- Direct the Destiny of Your Assets: Specify how your hard-earned money and valuable assets will be distributed among the people you hold dear.
- Appoint a Guardian for Your Children: Ensure the well-being of your children by designating a trusted guardian who will nurture and protect them in your absence.
- Select an Executor: Choose a capable individual to carry out your wishes and oversee the distribution of your estate, providing you with peace of mind that your desires will be fulfilled.
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Who Should Consider Making a Will?
The truth is, almost everyone should consider making a will. Here are situations where creating a will is especially crucial:
- Appointing a Trusted Executor: If you wish to entrust someone you trust to fulfil your wishes accurately and responsibly.
- Marriage: When you're about to tie the knot, creating a will is a wise move to account for your changing circumstances.
- Separation or Divorce: An important reminder: a divorce does not automatically revoke your old will. Updating your will is essential to align it with your current situation.
- Children: If you have children, a will allows you to appoint a trustworthy guardian to manage your assets on their behalf and care for them should both parents pass away.
- Elderly Parents: If you have elderly parents you wish to support, a will ensures they benefit from your assets even when you're no longer here to provide for them.
The Consequences of Not Having a Will
In the unfortunate event that you pass away without a will, you'll be considered to have died "intestate." In such a scenario, the fate of your money and assets falls under the control of the Intestate Succession Act. This means:
- You relinquish control over who administers your estate.
- You have no say in how your assets are distributed.
This default scenario may not align with your desires and could result in unintended consequences. Hence, having a will ensures that your legacy is managed and distributed according to your wishes, providing clarity, and peace of mind to you and your loved ones. Don't leave your legacy to chance—start crafting your will today.
Work with an award winning team
PKWA Law has been recognised in The Straits Times ranking of “Singapore’s Best Law Firms 2025” for the fifth consecutive year.
For the 8th consecutive year we were recognised by Doyles as a leading family law firm in Singapore.
For the 5th year in a row we have been named as a leading Family law firm in Benchmark Litigation 2024 awards.
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We've consistently received positive reviews from our clients on our service and results.
Why do clients choose us?
We have over 30 years of history, and more than 100 employees. We are an established family law firm you can count on.
Our fees are fixed and affordable from the outset so that you can have peace of mind from the get-go.
We have excellent reviews and testimonials from numerous clients across various independent platforms.
Our team are consistently recognized as leading lawyers by the Straits Times, and other leading publications.
We are trusted by leading corporations such as DBS, OCBC, UOB, Maybank, HSBC, Citibank, and CPF Board.
We usually offer a free first consultation so you can make an informed decision on whether to proceed.
Meet some of our will writing team
- Recommended Lawyer in the 2025 list of leading family and divorce lawyers in Singapore by Doyles Guide.
- Recognised as a Family Law Rising Star for 2022, 2023, and 2024 by Doyles Guide.
- Named one of Singapore’s Rising Stars by Asian Legal Business in 2022, an accolade awarded to lawyers who exhibit exceptional talent and consistently earn client praise.
- Recognised as a Rising Star in Family Law for 2025 by Doyles Guide.
- Included in Asian Legal Business’s 2022 list of Singapore’s Rising Stars, highlighting "the next generation of lawyers who have demonstrated exceptional potential and earned significant client acclaim."
- Honoured as one of Singapore Business Review’s “Most Influential Lawyers Aged 40 and Under” in 2016, celebrated for his thought leadership, influence, and accomplishments in the legal industry.
Articles on Will Writing in Singapore
- To access bank accounts in the sole name of the deceased, the next of kin need to apply for probate to obtain the money in them
- To transfer or sell an HDB flat or other private property in the sole name of the deceased, then the next of kin must apply for probate
- To enable an insurance policy to be paid out, the insurance company will ask to see either the Grant of Probate or the Letters of Administration, to ensure they are paying out to an authorised individual.
- Where the deceased had a car, or shares, then in order to transfer or sell that property, proof of probate is required.
- Next of kin must apply for Letters of Administration to unfreeze the assets
- Spouse
- Children
- Parents
- Sisters and brother
- Nieces and nephews
- Grandparents
- Aunts and uncles
- The assets will be used by the administrator to pay off debts
- Assets are distributed to surviving family members under the Intestate Succession Act
- The Intestate Succession Act sets out how much the beneficiaries inherit
- There is a spouse (but no children or parents): the spouse gets everything.
- There is a spouse and children: spouse gets half of the assets, the children get the other half in equal shares.
- There are children but no spouse: children share everything equally.
- There is a spouse and parents, but no children: spouse gets half, parents get the other half in equal shares.
- There are only parents (no spouse or children): parents get everything in equal shares).
- There are only brothers and/or sisters (no spouse, children or parents): the brothers and sisters (or children of the deceased brothers or sisters) share everything equally.
- There are only grandparents (no spouse, children, parents, brothers, sisters, or children of deceased brothers or sisters): grandparents share everything equally.
- There are only aunts and/or uncles (no spouse, children, parents, brothers, sisters, children of deceased brothers or sisters, or grandparents): uncles and aunts inherit everything shared equally.
Contact a specialist estate lawyer
It’s often overwhelming and emotionally very stressful to deal with a loved one’s estate in the aftermath of their death. Our probate lawyers are always compassionate and professional when dealing with clients at this sensitive time, and can help them through probate or estate administration." ["post_title"]=> string(62) "If A Person Dies Without a Will, What Happens to Their Assets?" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(40) "dies-without-will-what-happens-to-assets" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2023-10-10 00:22:07" ["post_modified_gmt"]=> string(19) "2023-10-09 16:22:07" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(45) "https://singaporefamilylawyers.com.sg/?p=1634" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } [1]=> object(WP_Post)#8746 (24) { ["ID"]=> int(832) ["post_author"]=> string(1) "2" ["post_date"]=> string(19) "2022-03-25 19:15:17" ["post_date_gmt"]=> string(19) "2022-03-25 11:15:17" ["post_content"]=> string(10691) "Trusts in Singapore are governed by the Trustees Act (Cap 337), and a lot of the basic tenets come from English trust law. In Singapore, the Trustees Act has developed to encourage trust use when managing wealth. Anyone wanting to manage and protect their assets will be well-advised to use the regulated legal framework of a trust as a safety net. Many of the super-rich have used trusts for tens if not hundreds of years, to hold and pass on family wealth, without having to go through long probate procedures. But nowadays, ordinary people and families have come to see trusts as useful, powerful tools for managing their assets.What is a trust? Should you set one up?
Think of a trust as a legal arrangement in which one person (known as the settlor) moves property to another person (called the trustee), who then holds that property for the benefited of certain specified beneficiaries. You can also think of a trust as a fiduciary arrangement where the assets of beneficiaries are managed by an appointed trustee. That trustee, (who holds beneficial ownership of the assets) has a statutory obligation and a fiduciary duty to act in the beneficiaries’ best interests at all times. A settlor may name a ‘protector’ to supervise and protect the trust, and prevent any abuses of power by a trustee. Whether or not you should set up a trust depends on your situation and aims. There are several types of trusts all with their own particular benefits, which we’ll look at later in this article.Why trusts are created
Financial management Families use trusts to manage wealth. A settlor can state how the assets should be invested. The trustee will oversee the assets and then share them out amongst the beneficiaries as decreed by the trust terms. Tax efficiency Individuals who have large taxable incomes in a high tax bracket often place their assets in trusts. The earnings from those assets then accrue in the trust, and the beneficiaries have the tax liability. Of course, trusts and the distributions given to beneficiaries also attract tax, but with a trust you can spread this tax burden so it is tax effective for everyone concerned. Asset protection Trusts can protect assets against any lawsuits or creditors that may face the settlor. A settlor transfers assets to the trust, and then legal ownership is given to the trust. This is a real benefit to business owners or other high-risk people who need asset protection. If a settlor should become bankrupt, then no creditors can get to their personal assets. Likewise, protection is given to professionals who may be sued for professional negligence. Creditors cannot settle their claims or pay compensation with trust assets. Protection is also given in case of any matrimonial property disputes. Remember that to gain protection from claims, assets must have been held in the trust for a certain period. Succession planning If a settlor dies, there is no lengthy probate procedure to go through for trust assets. Trust law in Singapore can also protect against forced inheritance regimes. It is up to the settlor who gets the assets and when, after their death. If a settlor’s descendants are minors, the trust will keep hold of the assets until the children are older and they can be distributed as per the settlor’s wishes. This helps protect the interests of young children, or people who lack capacity to manage their own affairs. It may be beneficial, for example, for the descendant to hold the assets in a trust for grandchildren’s benefit. This might happen if receiving the benefit would mean a beneficiary is pushed into a higher tax bracket, or their country of residence has high estate duties. In these scenarios, leaving assets in a trust is for future generations is advisable. If you think you would benefit from a trust, first understand the different types of trust that exist.The Different Kinds of Trust
Testamentary Trusts A trust formed in a settlor’s will is called a testamentary trust. When they die, the trust will take ownership of the assets as specified in the will. While the settlor is still alive, no trust can exist – it only comes into being upon the settlor’s death. Why might this type of trust be useful? Because a settlor may have young children, or dependants with special needs who can’t manage their inheritance, and so the trust holds assets for them. Inter Vivos Trusts This is a trust which is created while the settlor is alive, and it’s also known as a Living Trust. A Letter of Wishes is used by the settlor to indicate their wishes for management and distribution of benefits, and they can revise that letter in future if needed. This type of trust is particularly useful for tax savings, and protection of assets, especially if the settlor becomes incapacitated in the future. The following are varieties of Inter Vivos trusts:- Asset protection trusts which protect the assets of a settlor from creditor claims and business losses.
- Investment trusts, solely designed for the purposes of investments.
- Private family trusts, which allow a family to manage their wealth, and protect their assets from forced inheritance legislation or probate proceedings.
What powers do trustees hold over the trust assets?
Many people find themselves asking this question when they need to use a trust. In Singapore, the powers of a trustee are well-regulated. Trustee Powers The terms of the trust instrument give trustees their powers. There is then further regulation of the operation of trusts and the behaviour of trustees that comes from the trustees Act, and common law principles. There is a minimum standard of conduct that trustees must satisfy, and they must fulfil their statutory duty to show reasonable care and skill in exercising their powers and duties.Forms of trust and trustee powers
What powers the trustee has can also be determined by the type of trust. It may be fixed, discretionary, revocable or irrevocable, and each type will affect the trustee’s powers. You should consider the following before setting up a trust: Fixed trusts In a fixed trust, the settlor decides how much is given to whom, and when. No discretion is given to the trustee. They simply administer the assets in accordance with the terms of the trust. Discretionary trusts Contrary to a fixed trust, in a discretionary trust the trustee has sole discretion. It is for them to use their discretion and decide what percentage of the assets must be distributed, when, and to whom. In the case of a divorce where matrimonial property is in dispute, this type of trust is useful. The beneficiaries are protected from creditors, and it allows for adaptations to changes in the beneficiaries’ circumstances. When managing the dynamics of family life, discretionary trusts are valuable tools. For example, where a family member has poor money-management skills, or is likely to be the subject of a legal claim, or is in dispute with another family member, the trustees can use their discretion to help navigate through these changing circumstances. In addition, trusts also provide confidentiality. Revocable trusts In a revocable trust, a settlor can terminate the trust. They may also change the trust’s terms, meaning the settlor keeps some control over the assets in the trust. On the other hand, with a revocable trust the door is opened for spouses or creditors to claim against trust assets, in a divorce or a bankruptcy, if the court decides that the settlor still has control of the assets. Irrevocable trusts In this form of trust, a settlor doesn’t retain any legal rights or control over trust assets. They can’t change or revoke the trust’s terms either. The assets no longer form part of the settlor’s estate. Assets which have been in the trust for a minimum of five years are protected against divorce and creditor claims.How do you create a trust?
Trust instruments, such as contracts, wills or trust deeds, create trusts. When a trust is created it can have major ramifications for both the settlor and the beneficiaries. It’s best to seek legal advice if you are thinking of creating a trust. To set up a trust, certain basic requirements need to be met:- The settlor must have mental and legal capacity to create a trust
- The settlor must have a certain intention to create a trust
- It must be clear what the purpose or object of the trust is
- Specific assets must be named as trust assets
- All laws and legislation governing trusts must be complied with
(1) An Individual Dies Without Leaving a Will
When someone dies and doesn’t leave a valid Will, then usually their next of kin (such as their husband, wife, or one of their children) needs to apply to the court to get Letters of Administration. That person then becomes the named Administrator of the Estate. We have been practising probate law for many years, and so we can usually obtain the Letter of Administration within 6 weeks.- At the bank
- Go to the bank
- Prove that you are the Administrator in the Will and Letter of Administration by producing your NRIC card
- Show the Letter of Administration
- Ask the bank to release the money in the deceased’s bank account to you.
- Distribution of the money
(2) An Individual Dies Leaving a Valid Will
Following the death of someone who had already made a valid Will, a court application should be made by the Executor named in the Will, for a Grant of Probate. This is a court order that is made by the Family Justice Court, confirming that the deceased’s Will was authentic. The appointed Executor should then carry out the last wishes of the deceased person, as set out in their Will.- At the Bank, and Distributing the Money
- Go to the bank
- Prove that they are the named Executor in the Will and Grant of Probate by producing their NRIC card
- Show the Grant of Probate
- Tell the bank to release the money in the deceased’s bank account to them.
When A Person Dies, What Happens to Their Estate?
In Singapore, when a person dies, the property, effects, bank accounts and investments they leave behind form their “Estate”. This Estate must be distributed to the beneficiaries of the deceased. These beneficiaries must obtain an order for the court that gives authority to whoever is managing the Estate, in order to:- Pay off any debts owed by the deceased
- Sell or transfer property the dead person owned
- Close their bank accounts and cash in any investments
- Distribute what remains of the Estate to the beneficiaries
The Deceased Person Made a Will
In this case, the court issues a Grant of Probate to allow the distribution of the Estate by an “Executor”, named in the Will. The Executor plays a vital role in the probate process, by ensuring the assets are located and distributed fairly to the beneficiaries. If you are making a Will, choose your named Executor carefully, because the beneficiaries will have no power to replace them following your death. Ensure they are trustworthy and capable of managing the process, which may take several months. The duties of the Executor are usually: to deal with the affairs of the deceased; set their assets; ensure any debts they owed are settled; and ensure the assets go to the beneficiaries named in the Will. Think of the Grant of Probate as the court’s way of saying that the Will is valid. Financial institutions involved in the settling of the Estate will require a Grant of Probate so they can be sure that the Will is indeed legal and valid, and the named Executor(s) are the right people to be dealing with the Estate. They won’t release funds without it.The Deceased Person Did Not Make a Will
In these circumstances, the court’s authority is given via Letters of Administration to the next of kin, and is used to allow an “Administrator” to deal with the Estate. If no Will exists, then nobody has been specifically appointed by the deceased to administer their Estate and so the law must identify the people who can apply to administer the Estate. In order of priority, these individuals are as follows:- The spouse of the deceased,
- The children
- The parents of Brother and sisters
- Nieces and nephews
- Grandparents
- Aunts and uncles
A specialist probate lawyer can help you
Our team of experienced specialist probate lawyers are ready to help you with any support you need on the subject of Wills, probate and letters of administration." ["post_title"]=> string(65) "Difference Between Grant of Probate and Letters of Administration" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(50) "difference-grant-of-probate-letters-administration" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2023-10-10 00:22:18" ["post_modified_gmt"]=> string(19) "2023-10-09 16:22:18" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(45) "https://singaporefamilylawyers.com.sg/?p=1628" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } }Contact Us
Call Us:
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Email Us:
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480 Lorong 6 Toa Payoh
#16-01, East Wing, HBD Hub,
Singapore 310480
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