Wills Archives | Leading Divorce Lawyers Singapore

Preparing for Your First Will: Information to Organise Before Seeking Legal Advice

Writing a will is one of the most practical steps a person can take to plan for the future. While many people understand the importance of having a will, they are often unsure how to prepare before speaking with a legal professional.

The good news is that you do not need every decision to be finalised before your first discussion. Spending a little time organising your thoughts and important information beforehand can help make the conversation more focused and productive.

If you are beginning to consider your estate planning options, you may find it useful to learn more about professional will writing services and how they can help ensure your wishes are properly documented.

Prepare a Simple Overview of Your Assets

One of the easiest ways to prepare is to create a broad list of the assets you own. This does not need to include exact values, but it helps provide an overall picture of your estate.

Your list may include:

Residential properties
Investment properties
Bank accounts
CPF savings
Shares and investments
Business interests
Insurance policies
Motor vehicles
Jewellery or other valuable personal belongings

Preparing this information early often makes later discussions more efficient.

Think About the People You Wish to Provide For

Before meeting a legal professional, it may be helpful to think about the people or organisations you would like to benefit from your estate.

Some people already have clear intentions, while others prefer to consider different possibilities before making any decisions.

You may wish to prepare a simple list of intended beneficiaries together with any particular gifts or items you would like to leave to specific individuals.

Consider Who Could Act on Your Behalf

A will commonly appoints one or more executors to administer the estate.

When considering suitable individuals, many people look for someone who is:

trustworthy;
organised;
responsible;
willing to accept the role; and
likely to be available when the time comes.

There is no universal choice, and the most suitable person depends on your family’s circumstances.

Parents May Wish to Consider Future Care Arrangements

Parents with young children often have additional matters to reflect upon before preparing a will.

Although these decisions are highly personal, some useful questions include:

Have I considered who may care for my children if something unexpected happens?
Have I discussed this with the people I have in mind?
Would they be willing to take on this responsibility?

Thinking about these matters in advance often makes future discussions more meaningful.

Review Whether Your Circumstances Have Changed

Estate planning should reflect your current circumstances.

It may therefore be worthwhile considering whether there have been significant life changes, such as:

getting married;
starting a family;
purchasing property;
establishing a business;
receiving an inheritance; or
experiencing major financial changes.

Reflecting on these developments can help ensure your future plans remain relevant to your current situation.

For additional information about estate planning and related family law matters, you may also wish to visit the Will Writing resource published by Singapore Family Lawyers.

Keep Important Information in One Place

Many people find it useful to keep key documents together before seeking legal advice.

Examples include:

identification documents;
property information;
bank account summaries;
investment records;
insurance details; and
any previous estate planning documents.

Having these documents readily available can make future discussions more efficient and reduce the need to locate information later.

Estate Planning Is an Ongoing Process

A will is not something that should necessarily remain unchanged throughout life.

As family relationships, financial circumstances and personal priorities evolve, it is sensible to review your estate planning arrangements periodically to ensure they continue to reflect your wishes.

Regular reviews can also provide an opportunity to update information following significant life events.

Preparing Today Can Make Tomorrow Simpler

You do not need to have every detail finalised before seeking legal advice. Simply organising your information and considering your priorities can help make the discussion more productive and allow greater attention to be given to your individual circumstances.

A thoughtfully prepared will can also make the administration of an estate clearer for the people responsible for carrying out your wishes. If you would like to learn more about the relationship between will writing and the administration of an estate, additional information is available in this guide on will writing and estate planning.

Expert Muslim Probate Services & Wasiat Planning Singapore

Inheritance, Probate, Wills

Planning for the future is not just about managing wealth during your lifetime. It is about ensuring that your family is properly provided for after your passing, in a way that reflects both your wishes and your faith.

For Muslims in Singapore, estate planning involves two key components:

Preparing a Wasiat (Muslim will); and
Understanding how the estate will be administered through the probate process.

Both must work together to ensure a smooth and legally valid distribution of assets.

What is a Wasiat?

A Wasiat is a Muslim will that allows you to set out certain instructions for your estate after your death.

It enables you to:

Appoint an executor to administer your estate
Specify how up to one-third of your net assets may be given to non-Faraid beneficiaries (such as friends, stepchildren, or charities)
Set out your personal wishes, including funeral arrangements and other instructions

However, a Wasiat does not give full control over your estate.

The Role of Faraid

In Singapore, the distribution of a Muslim estate is governed by Faraid, the Islamic law of inheritance.

Faraid determines:

Who the rightful heirs are
The fixed shares each heir is entitled to

These shares are certified by the Syariah Court, which issues an inheritance certificate.

Importantly:

A Wasiat cannot override Faraid shares
You may only distribute up to one-third of your estate outside Faraid rules

How Muslim Probate Works in Singapore

After a Muslim passes away, the estate must still go through the probate process in the Family Justice Courts.

This is where Muslim probate comes in.

There are two scenarios:

1. If there is a valid Wasiat

The executor named in the Wasiat applies for a Grant of Probate
The court recognises the Wasiat (if valid)
The estate is administered accordingly

2. If there is no Wasiat

The family must apply for Letters of Administration
The court appoints an administrator
Distribution follows Faraid based on the Syariah Court certificate

In both cases, the probate process is required to:

deal with banks and financial institutions
transfer assets
distribute the estate properly

What Happens Without a Wasiat?

If no Wasiat is prepared:

The process becomes more complex and time-consuming
Family members must apply to court to be appointed as administrators
Distribution is strictly governed by Faraid, with no flexibility

This can lead to:

delays
additional costs
potential disputes among family members

The One-Third Rule (Wasiyyah)

A key principle in Muslim estate planning is the one-third rule.

You may freely allocate:

up to one-third of your net estate
to non-Faraid beneficiaries or charitable causes

The remaining two-thirds:

must be distributed according to Faraid

This rule must be strictly followed for the Wasiat to be valid.

Assets Not Covered by Faraid

Not all assets form part of the estate subject to Faraid or probate.

Examples include:

Joint tenancy property (passes by survivorship)
CPF savings (distributed via CPF nomination)
Insurance policies with valid nominations
Gifts made during lifetime (hibah)

Proper planning is needed to ensure these assets are aligned with your overall estate intentions.

Key Considerations When Preparing a Wasiat

1. Identify your assets and liabilities

Prepare a clear list of what you own and owe. This makes administration easier for your executor.

2. Appoint a suitable executor

Choose someone responsible and capable of managing your estate. You may also appoint a guardian if you have minor children.

3. Ensure compliance with legal and Syariah requirements

A Wasiat must satisfy both:

Islamic principles; and
Singapore legal requirements

4. Seek professional advice

Given the interaction between Faraid, civil law, and probate procedures, professional guidance is strongly recommended.

Requirements for a Valid Wasiat

To be valid in Singapore, a Wasiat must:

Be made by a Muslim aged 21 and above, of sound mind
Be made voluntarily
Comply with the one-third limit
Be in writing and signed by the testator
Be witnessed by two Muslim witnesses who:
are at least 21 years old
are not beneficiaries (or related to beneficiaries)

Failure to comply may render the Wasiat invalid, which will affect the probate process.

Common Mistakes to Avoid

Using DIY wills without understanding Faraid
Exceeding the one-third limit
Improper witnessing
Failing to update the Wasiat after major life events
Ambiguous or unclear instructions

These issues often surface during probate and can delay administration or lead to disputes.

Why Proper Planning Matters

A properly prepared Wasiat, together with a clear understanding of the probate process, ensures that:

Your estate is administered efficiently
Your wishes are respected within Islamic principles
Your family is protected from unnecessary complications

Final Thoughts

Muslim estate planning in Singapore is not just about writing a will. It involves aligning:

your Wasiat
Faraid principles
and the probate process

Getting this right ensures that your legacy is preserved and your loved ones are taken care of with clarity and certainty.

For this reason, many families choose to seek legal advice to ensure that their Wasiat is valid, enforceable, and properly implemented through the probate process.

Next Steps

Navigating muslim inheritance law in Singapore can be complex, especially when balancing legal obligations and family considerations. For a clearer understanding, you may review our main firm’s guide on Faraid Muslim inheritance, learn more about Muslim inheritance in Singapore, or visit our probate resource hub for additional context and practical guidance.

When to Review Your Will in Singapore: Key Life Changes to Consider

Wills

Many wills remain unchanged for decades, even as personal and financial circumstances evolve. In Singapore, certain life events significantly affect whether a will continues to reflect a person’s intentions and remains legally effective.

This article outlines situations where a wills lawyer in Singapore would typically recommend a review.

1. Marriage and Remarriage

Marriage automatically revokes a will unless it was made in contemplation of that marriage. Failure to update a will may result in:

Unintended intestacy
Exclusion of intended beneficiaries
Disruption to estate planning objectives

Remarriage also raises considerations involving children from previous relationships.

2. Divorce and Separation

Many people are not aware that a will made during marriage remains valid even after divorce. You should always make a fresh will once you are divorced or separated. A wills lawyer in Singapore can help you to make a fresh will.

3. Birth or Adoption of Children

Wills that do not address new children may lead to disputes. Key considerations include:

Guardianship appointments
Provision for minors
Trust structures for inheritance

Proper drafting ensures protection for vulnerable beneficiaries.

4. Acquisition or Disposal of Significant Assets

Major changes such as purchasing property, starting a business, or receiving an inheritance affect estate distribution. Asset-specific gifts may need revision to remain effective.

5. Changes in Health or Capacity Concerns

Where capacity may be questioned later, early review and proper execution reduce the risk of challenges. Clear drafting and contemporaneous documentation help safeguard validity.

Conclusion

A will should evolve with life circumstances. Regular review ensures that legal, familial, and financial realities are accurately reflected. A wills lawyer in Singapore provides guidance on when updates are necessary to preserve testamentary intent and reduce disputes.

10 Costly Mistakes People Make When Writing a Will in Singapore

Inheritance, Probate, Wills

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.

What Steps to Take When Someone Dies in Singapore

Inheritance, Probate, Wills

The death of a loved one is never easy. Amidst the emotional stress, there are some legal and administrative steps that you need to follow. Like most other countries, the law sets out specific steps and procedures in Singapore. Even before hiring a probate lawyer, some things need to be done.

In this article, we will discuss the steps that are required to comply with the legalities surrounding the death of a non-Muslim citizen in Singapore.

(If the deceased is a Muslim citizen, the administration of their estate is governed by the Muslim Law and the Administration of Muslim Law Act. Islamic inheritance law, Faraid, applies.)

The information in this article will help you navigate what you need to do during an emotionally difficult time.

(1) Establish the cause of death

When someone dies, it is essential to establish the cause of death.

If your loved one passes away at home, the first person to call is a doctor. The doctor will be responsible for certifying and reporting the death. The doctor will issue a certificate of the cause of death.

If the doctor is satisfied that the death was due to natural causes, they will certify the death. If the death is sudden, the cause is unnatural, or the doctor cannot establish the cause of death, they will contact the police.

The police will investigate to ascertain the cause of death. If you cannot get hold of a doctor, you can also contact the police first.

If the deceased was in a hospital under medical care at the time of passing, the attending doctor will handle the process and report the death.

(2) Register the death

To register the death, the doctor or the police will need the following:

The deceased’s full names.
The birth gender of the deceased.
The deceased’s date of birth.
Identity document number.

The doctor will note the date, time, location, and cause of the death.

All deaths in Singapore must be registered within 24 hours.

In situations where the police see the body, they can have the body removed to the mortuary, where a pathologist can determine the cause of death, if necessary.

An autopsy is not compulsory in Singapore. If the police report the death to the coroner, the coroner can investigate to decide if an autopsy is required. The decision depends on the medical issues or any injuries on the deceased’s body.

If the autopsy report reveals any unnatural cause of death, the police will investigate further.

Alternatively, the coroner can collect the body from the deceased’s home or the hospital.

(3) Obtain a death certificate

Once the doctor certifies the death online, it is registered, and you can download the death certificate via the MyLegacy portal.

To download the certificate, you need:

The deceased’s NRIC, FIN, or passport number.
The death document number, which the doctor will provide.
Date of death.

Obtaining a death certificate is critical since it is your legal proof of death. Without the certificate, you cannot proceed with any steps necessary to arrange a funeral and settle the deceased’s estate.

(4) Arrange the funeral

Funeral arrangements are deeply personal and often depend on the cultural and religious preferences of the deceased and the family.

Most families choose to engage a funeral director to help with the funeral arrangements. These professionals provide guidance on cremation, burial, and other funeral services based on the deceased’s wishes, and the family’s preferences.

A funeral director will help with the following:

Arrange for collection of the body from home or the hospital mortuary.
Send the body for embalming if required.
Deliver the body to the location of the wake.

If the family does not have sufficient funds to pay for a funeral, they have a few options.

They can be reimbursed from the deceased’s estate – the process depends on whether the estate is worth more or less than S$50,000.
The deceased’s beneficiaries can claim a reimbursement from the deceased’s unnominated CPF monies.
Beneficiaries can pay from life insurance payouts.
A legal representative of the deceased’s estate or a joint account holder can approach the bank to receive a reimbursement after the completion of the settlement process.

After the funeral, you must address matters related to the deceased’s estate, debts, and other financial affairs.

(5) Find the will

If the deceased left a will, the executor named in the will should apply for a grant of probate. This grant confirms the validity of the will. It also gives the executor the authority to manage the deceased’s estate and distribute the assets according to the will.

The executor plays a crucial role in ensuring the deceased’s wishes are carried out. Their duties include distributing assets, settling debts, and handling any remaining legal matters.

If the deceased did not leave a valid will, family members can apply for letters of administration. A letter of administration gives the applicant the power to administer the deceased’s estate.

(6) Apply for probate or administration

Applying for a grant probate or a letter of administration is an important legal step, and you will need assistance from a specialist probate lawyer. The process can be complex, requiring many documents. A probate lawyer will help you apply for probate and collect, manage, and distribute the deceased’s assets to the beneficiaries.

To apply for probate, you need the following:

The original death certificate.
The deceased’s will.
Proof of the executor’s or the applicant’s identity.
A list of the deceased’s assets, liabilities, and financial documents as proof, e.g. bank statements, insurance policies, etc.
If relevant, employment details.

If there is no valid will, the Intestate Succession Act comes into play. The court will appoint the administrator to manage the deceased’s estate and distribute the assets according to intestate succession laws. Generally, the administrator will be a close family member.

Intestate succession and applying for a letter of administration are technical. You will need the help of an experienced lawyer.

(7) Contact the necessary institutions

Once the executor receives the grant of probate, they should contact the necessary institutions to finalise the collection and distribution of assets.

Depending on the deceased’s circumstances, it could include the following:

Financial institutions where the deceased held accounts – check if there is money to withdraw, investments, automatic monthly payments, credit card payments, and so on.
Insurance companies – inquire about life insurance or funeral policies.
The deceased’s employer – find out if there are any outstanding salaries or other payments due to the family.
The Central Provident Fund (CPF) Board to release any CPF monies to the beneficiaries.

(8) Administer the estate

Once probate is granted, the executor can access the assets and settle any outstanding debts and claims. The executor must pay unpaid bills and loans and meet all financial obligations, such as outstanding taxes.

The executor must arrange for properties to be sold or transferred, vehicles to be transferred to new owners, claim insurance money, cancel paid subscriptions, terminate utility services where appropriate, and so on.

Once all the necessary matters are settled, the executor can distribute the assets to the beneficiaries according to the provisions in the will.

The assets will be distributed under the Intestate Succession Act if there is no valid will. The Act stipulates who is eligible to inherit and in what proportion.

(9) Take care of online accounts

These days, most people have an online presence that needs dealing with when the person passes away.

It is essential to manage the deceased’s online identity to prevent abuse of the information. Ensure that personal information is removed from social media, close email and other online accounts and mobile applications.

Some social media platforms like Facebook have policies and procedures to deal with a deceased’s account. You can follow the process to have the account deleted, or you can transform the account into a “memorialised” account.

Information “floating” online can easily be used for identity theft and other fraudulent acts.

Seek professional legal assistance

Dealing with the legal aspects of a loved one’s passing is a daunting and emotionally stressful process. Just thinking about applying for probate and distributing assets can be overwhelming, and most families have no idea where to start.

However, with the correct information and guidance, you can successfully navigate these challenging times.

An experienced probate lawyer can guide you through all the steps to ensure you meet all the legal requirements to deal with the deceased’s death and estate.

Besides minimising the stress of complying with the legalities, an experienced lawyer can save a significant amount of time in finalising the deceased’s estate.

Creating a Will in Singapore

Inheritance, Wills

A Comprehensive Guide to Creating a Will in Singapore

The process of creating a legally sound will in Singapore is governed by the Wills Act. This legislation empowers a testator, the individual making the will, to devise, bequeath, or dispose of their real or personal estate through the instrument of a will. This article aims to provide an overview of the essential aspects of will drafting in Singapore. Please be aware that this guide is intended for general informational purposes. For personalised advice tailored to your specific circumstances, it is advisable to seek the counsel of a qualified wills lawyer.

Key requirements for a valid will

The Will Must Be in Writing.
The Testator Must Be at Least 21 Years of Age.
The Testator Must Sign the Will at the Bottom Following Its Preparation.
Two Witnesses Must Be Present During the Testator’s Signing of the Will, and They Must Also Sign It in the Testator’s Presence.
The Two Witnesses Must Not Be Beneficiaries of the Will.

When formulating a will, it is advisable to incorporate the following provisions:

Personal Particulars and Information.
A Revocation Clause to Revoke Any Previous Wills.
Marital Status.
Appointment of Executors, who may also be beneficiaries.
Designation of Guardians for Minor Children (up to two).
Identification of Beneficiaries and Specification of Their Asset Allocations.
A Residuary Clause Outlining the Distribution of Remaining Assets According to the Testator’s Wishes.

Handling CPF monies

Central Provident Fund (CPF) monies cannot be included in a written will. To distribute CPF funds upon passing, beneficiaries must be nominated through the CPF Board. Each nominated individual will receive a portion of the CPF funds as indicated in the nomination. If no nomination exists, the funds in the CPF account will be automatically transferred to the Public Trustee’s Office and made accessible to the next of kin.

Post-will preparation procedures

Upon completing your will, it is crucial to safeguard it in a secure location and inform your chosen executor and family members about its existence.

Updating your will after marriage or divorce

Remember that marriage automatically invalidates any will made prior to the marriage, unless the will explicitly states it was made in contemplation of marriage. Conversely, in the case of divorce, a previously executed will remains valid. Therefore, it is advisable to review and amend your will to reflect changes in your marital status.

Seeking professional assistance

While not obligatory, engaging a reputable wills lawyer is highly recommended. Lawyers are bound by the regulations of the Law Society and must adhere to strict ethical guidelines when drafting wills. Their expertise ensures that instructions are received without duress and that the will accurately represents the client’s wishes. Moreover, legal professionals are covered by insurance, providing additional protection for clients. Professional advice from a trained lawyer can prevent future losses, conflicts, or ambiguities.

We encourage you to get in touch should you require any further assistance on drafting your will.

How to Contest a Will in Singapore

Inheritance, Wills

A Will is a very important document. A person making a Will (a ‘testator’) sets out how they want their belongings and money to be dealt with after death. They will also specify the individual responsible for enacting what the Will says – called the executor. We use the term ‘estate’ to describe all the deceased’s property in various forms, including all assets and liabilities.

Wills are designed to avoid conflict and disagreement, but sometimes this isn’t always easy. Some parties with an interest in the deceased’s estate may think the Will is unfair, for example. The Courts won’t set aside a Will just because someone is unhappy with it; if they are satisfied it is a valid Will, they will rule that it should be enforced.

But sometimes there are situations when a Will can be contested. This article explores when, how, and who can do it.

Who Can Contest A Will?

If an individual has an interest in the Will, or was dependent on the deceased person in some way, then they may contest the Will. For example, spouses can challenge a Will if they depended on the deceased financially, or if the deceased was legally obliged to support them. Most often, a beneficiary will challenge a Will when they think it doesn’t properly reflect the testator’s wishes; they believe they should inherit more, or they think they are entitled to more maintenance payments if they are dependents.

The term ‘contesting’ a Will means that you are challenging its validity or its terms; you are saying that the distribution of estate should be different to what the Will states.

On What Grounds Can Someone Contest a Will in Singapore?

The Will is invalid (not witnessed properly, or not signed)

The Wills Act states the formalities that a Will must follow when it is made, otherwise it may be invalid. These requirements are that:

It is made in writing
It is signed by the testator
The testator is aged 21 years or more
The testator’s signature was witnessed by two or more people, who also signed the Will while the testator was present.
Neither witness is a beneficiary of the Will, nor are either of them the testator’s spouse.

To ensure all these requirements are followed, it’s important to use an experienced Wills lawyer to help you prepare your Will. If you don’t follow these requirements, your estate may have to be distributed following the Intestacy Rules, which may be very different from your own wishes.

The Will was made fraudulently

Sometimes a testator or their estate can be the victim of a fraudulent Will. For instance, someone misled the testator into signing a Will they have made, and the testator does so, thinking it’s a different document.

Another example is where a fraudster forges a signature on a Will they have made, or they alter the testator’s Will to their own wishes.

The Will was made under undue influence

This is a common ground on which a Will is contested. A Will can be challenged if someone believes that the testator was forced, or in some way persuaded, to make a Will that doesn’t represent their true intentions.

This can be hard to prove. The person challenging the Will has the burden to prove the undue influence – they are the ones who need to show that someone unduly influenced the testator’s mind, so that the Will was not voluntarily approved.

The testator was of unsound mind when they made the Will

Sometimes, a person with an interest in the Will may argue that the testator lacked mental capacity at the time they made the Will. For instance, they may say the testator had dementia (a medical condition which impairs someone’s ability to think, remember or make decisions).

Whether their mind was unsound temporarily or permanently does not matter; therefore, someone under the influence of alcohol or drugs will also lack capacity to make a Will.

What is the Procedure for Contesting a Will?

The way in which you contest a Will depends on the status of the deceased’s estate:

Contesting a Will before Grant of Probate: you should declare your interest in the estate by filing a court caveat. In effect, this is the court notifying you of an issued grant. Whilst the court considers your challenge to the Will, the distribution of the estate will be paused.

Contesting a Will after the court issues Grant of Probate: within six months of the date the court issued Grant of Probate, you must contest the Will. In certain situations the court can extend this time period, for example if an additional Will or codicil is discovered which significantly alters the distribution of the estate. Other reasons for making an application out of time can occur, but you must give your substantive reasons for doing so.

To begin the contesting procedure, you should start a probate action. This begins with a writ, issued by the Registry of the Family Justice Courts. In it, you should set out the grounds on which you are contesting the Will, and state why you think the grounds are satisfied.

After this, the court will then set a hearing, where it will rule on your claims against the Will.

If a Grant of Probate has already been issued by the court, you may only obtain a writ once a citation is filed, in the form of an affidavit against the person who the grant was issued to.

If the claim to contest the Will succeeds, the court will order the assets to be returned to the executor for redistribution. (If the assets are still held by the executor, they will use the Intestacy Rules to distribute them).

What if a Will doesn’t adequately provide for dependents?

In Singapore, the law states that the following individuals may be a testator’s dependents:

A husband or wife
An unmarried daughter who can’t maintain herself because of a mental or physical disability
An infant son
A son who can’t maintain himself because of a mental or physical disability.

Where a court is satisfied that the Will doesn’t make adequate provision for the dependant (they aren’t named in it for example, or they have an insufficient share) the court can make an order that a lump sum, or periodic payments, must be made to the dependents.

Once six months has passed from the issuing of the Grant of Probate you can apply for maintenance. Maintenance is sometimes a better option than contesting a Will. It is often cheaper and less stressful, and so puts less strain on the relationship between beneficiaries.

What happens when a Will is successfully contested?

If your challenge to the validity of a Will succeeds, then the distribution of the deceased’s estate will be done under the Intestate Succession Act, rather than according to the Will. Alternatively, the estate might be distributed according to an earlier Will.

Seek legal advice if you wish to challenge a Will

As experienced lawyers in this field, we would be happy to help if you want to contest a Will. With good legal advice, you can easily decide whether you are eligible to bring the claim, and we’ll help you to know your rights and the options available to you. Having legal representation through such a challenging process can be a huge benefit.

We also act for clients who are preparing their own Wills and what happens to their estate after their death. Our lawyers can show you how to best approach providing for your dependents, and how to distribute your estate.

Accessing a Deceased Person’s Bank Account

Inheritance, Probate, Wills

We often provide legal advice for clients who have suffered the death of their husband or wife. Very often they will not know what to do first, and will be suffering emotional turmoil. One common question is, “how can I access my spouse’s assets, to help me pay the bills?”

A specialist family probate lawyer can help you to deal with the legal Estate of your spouse. They can help you gain access to their assets, enabling you and your family to manage their bank accounts, properties, any stocks or other assets they held, so you can distribute them to the correct beneficiaries.

This article explains the circumstances around access a bank account held solely by the person who has passed away, and where to start.

The first thing which must be done is to check if your loved one left a valid Will before they died. The first section of the article below explains what happens if there was no Will, and the second section explains what happens when a valid Will exists.

(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

After we have submitted your probate application to the court, your Letter of Administration should arrive within 2 months. Once you have it, you (the Administrator of the Estate) need to then:

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.

Usually, the bank will issue a cheque to the Administrator made payable to “the Estate of [deceased’s name]”.

A new bank account should then be opened by the Administrator, in the name of “the Estate of [deceased’s name]”. Money belonging to the deceased’s Estate should come into or go out of this account only, to avoid it being mixed up with any of the Administrator’s own money.

Distribution of the money

The deceased person’s assets are collected and any debts settled by the Administrator. Following this, they should then distribute the money remaining in the bank account according to the provisions of the Intestate Succession Act.

Be careful: the laws of intestacy and inheritance vary substantially depending on whether you were married, single, and had children or not. Often, your next of kin will get your property — people such as your surviving spouse, parents, brothers and sisters, uncles and aunts, etc. If no relatives can be found to receive the assets, then the state will usually receive the whole Estate.

Remember: to gain access to the bank account of someone who died without leaving a valid Will, Letters of Administration must be obtained by the Administrator to make banks release monies to the Administrator. Then it can be distributed to the correct beneficiaries.

(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

Having obtained the Grant of Probate, the Executor should then:

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.

The process is then repeated — a cheque is issued to the Executor by the bank, in the name of the Estate. Lastly, a new bank account should be opened by the Executor, in the Estate name, and the monies distributed to the named beneficiaries set out in the Will, once all debts have been settled.

If you need any help or advice in this area of law, we would be pleased to advise you. Contact us today.

If A Person Dies Without a Will, What Happens to Their Assets?

Inheritance, Probate, Wills

If you are wondering what happens when a person dies intestate (i.e. without leaving a valid Will) then this article will explain things for you. Perhaps you are also wondering whether you may receive an inheritance following the death of someone who didn’t leave a will. If so, this article is also relevant to you.

The main points can be summarised as follows:

If you make a Will before you pass away (a legal document setting out your instructions as to how your assets are shared after death), then you will have named someone as an executor. This means they must distribute your assets as set out by your will. But if you pass away without having made a will, then the Intestate Succession Act will be needed to show who should manage the estate, how the assets should be shared and with whom. You therefore have no power to decide who gets your assets after your death.

There is a Valid Will – How an Estate is Distributed

In this case the Will contains the directions as to how the estate should be distributed. It will name someone as an ‘executor’ who must apply to the court for something called a Grant of Probate. When the executor receives this, they can then approach the various financial institutions like banks and gather the deceased’s assets. They must then pay off any debts and taxes still owed, before apportioning the assets to the beneficiaries as the will instructs.

There is No Valid Will – How an Estate is Distributed

In Singapore, a person is described as having died ‘intestate’ if they die without leaving a valid Will.

To determine how the estate is distributed, the Intestate Succession Act must be consulted. The relatives of the deceased will inherit the assets according to the proportions set out in this act.

Intestacy can also apply to assets when someone makes a Will incorrectly, and the court has declared it invalid.

In conclusion, for people dying without a Will, the state ultimately decides what happens to your assets, via the Intestate Succession Act, and you have no deciding role to play. It is for this reason that, as a law firm, we advise all our clients to make a Will; it ensures they get to decide who should manage their estate, and who inherits their assets after their death.

What Happens to the Assets of an Intestate Person?

The assets are frozen

Now that the assets’ owner is dead, no money can be withdrawn from bank accounts, no properties sold, and no securities transferred in any way. To begin to access these assets, an application must be made to the court by the deceased’s next of kin, to obtain Letters of Administration.

This is a situation we frequently come across as lawyers, where the next of kin require a Grant of Probate (if a Will exists) or Letters of Administration (if no Will) to deal with frozen assets.

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

A specialist probate lawyer should be engaged by the next of kin (normally the spouse or eldest child of the deceased) to obtain a Grant of Letters of Administration. The purpose of this court order is to appoint the next of kin as the personal administrator of the estate. Their duties include gathering the deceased’s assets, settling any debts, and ensuring the beneficiaries receive the rest of the estate they are entitled to.

This administrator is tasked with managing and distributing the deceased’s estate, according to the Intestate Succession Act. The Act lists the following people, in the order they are eligible to apply for Letters of Administration:

Spouse
Children
Parents
Sisters and brother
Nieces and nephews
Grandparents
Aunts and uncles

According to this order, if the deceased’s children want to be administrator(s), then the spouse of the deceased must give up their right to apply for Letters of Administration.

Letters of Administration will be granted to the applicant, assessed by the court as being the most suitable person to manage the estate of the deceased.

The assets will be used by the administrator to pay off debts

An accurate list of assets will need to be made by the administrator, in order to pay off the deceased’s loans, taxes and debts. Included in this will be credit cards, utilities, subscriptions and bank loans.

Assets are distributed to surviving family members under the Intestate Succession Act

The distribution of an intestate person’s assets must be done in accordance with the Intestate Succession Act. The inheritance to be distributed includes real estate, securities, bank accounts, and any other assets that the deceased owned at the time of their death, once taxes and debts are paid.

How an intestate person’s assets are divided in Singapore will depend largely on whether they were married or single, and if they had children.

It is often assumed that if a person dies without leaving a valid Will, their spouse will inherit everything. However, this is only true if the deceased had no surviving parents and no children. If children or parents are still living, then the spouse will actually only get 50% of the inheritance.

What happens more often is that the deceased person’s property is apportioned between several different members of their family – usually their spouse, brothers/sisters, aunts and uncles, and grandparents.

The Intestate Succession Act sets out how much the beneficiaries inherit

Look under section 7 of the act to find out how to distribute the deceased’s estate where there is no Will. These rules of inheritance must be followed by the administrator of the estate, as follows:

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.

Guide to HDB Inheritance

Inheritance, Probate, Wills

This article is designed to explain how the law works in relation to inheriting Housing and Development Board (HDB flats). It can be a confusing area of law to understand, and there are many things that can influence the process. For example, it is important to know whether the deceased person left a valid Will when they died or not. Also, does the HDB flat have any other owners? If you—the person inheriting the flat—own other properties or flats, that can also have an impact on the situation.

If you are a co-owner of an HDB flat, and the other owner dies, then it’s important to understand how the inheritance rules work in this situation. Make sure you know what the implications are for your ownership, and how to protect your affairs.

You should always look at the latest policy conditions on the HDB website. HDB’s website sets out the prevailing eligibility criteria that proposed flat owners must meet before taking over ownership of an HDB flat. Proposed owners must physically occupy the flat upon the ownership change. The application for a change in flat ownership (not through a sale) is subject to HDB’s approval based on the prevailing eligibility conditions.

HDB Inheritance and Religion

This is an important topic as religion may affect the law around inheriting HDB flats, and it varies between Muslims and non-Muslims. The situation can be summarised as follows:

Deceased Muslim flat owner, no Will: Syariah Law Faraid will govern how the HDB flat is dealt with.
Deceased Muslim flat owner, leaving a Will: only one third of the property can be bequeathed by the owner—the remainder will be distributed by the court, according to the principles of Faraid.
Deceased non-Muslim flat owner, no Will: the Intestate Succession Act will govern how the HDB flat is dealt with. A beneficiary or relative can ask the court to be appointed as the trustee in order to manage the process.
Deceased non-Muslim flat owner, leaving a Will: the Will must be proved and executed through the probate procedure. The process should be managed by the appointed trustee or executor, according to the Probate and Administration Act.

HDB Inheritance and Different Types of Property Ownership

Here is a helpful reference guide which explains how different types of property ownership affects HDB inheritance. Co-ownership can complicate matters; be clear on how the property is co-owned:

Joint tenancy

This form of ownership is where all co-owners have an equal share in the flat. When one dies, their interest passes automatically to the remaining eligible owners. To be an eligible co-owner, you must be a Singapore citizen or permanent resident, and be 21 years old or more. A joint tenancy overrides a will, so whether the deceased had a Will or not is irrelevant here.

Tenancy-in-common

In this form of ownership, each owner has a separate interest in the HDB property.

If one owner dies, inheritance laws dictate how their ownership share is transferred—it doesn’t get transferred to the remaining owners automatically.

If the deceased owner left a Will, their share of the property is distributed according to the provisions of that Will. If they died intestate (without a Will) then their share of the flat is dealt with under the Intestate Succession Act.

Sole Ownership

In the case of a non-Muslim who solely owns an HDB flat, if they had no Will then the flat is sold and their spouse and children share the proceeds. The spouse receives 50%, and the children receive the other 50% divided equally among them.

When there is no surviving spouse or parents, but there are children, they will then inherit the flat in equal proportions. When there is no spouse or children, but living parents, they inherit the flat in equal shares. If the deceased is single and has no remaining family alive, the government receives the flat.

The HDB Inheritance process

When an HDB flat owner dies, there are many issues to be resolved, but below is a brief summary. To ensure that the inheritance process is fully complied with, beneficiaries should speak to a lawyer.

Death of a joint tenancy owner: in this case, the remaining owner should submit a Notice of Death to the Singapore Land Authority (SLA). They can do this either directly at the SLA, or with the help of the Housing and Development Board. There are certain necessary documents that must be submitted, such as the Death Certificate. Other legal requirements of the Notice of Death are that it must be witnessed by someone of at least 21 years of age, typed and printed.

Death of an owner in a tenancy in common: the family of the deceased should engage a lawyer to obtain Grant of Probate.

Death of an intestate person: If the deceased died intestate (without a Will) then an application must be made to the court by a lawyer for the Grant of Letters of Administration. Once they have the legal authority from the court to start managing the estate, the administrator or executor should then register their legal right to do so.

Documents to be included in the application process are

Original copies of the Grant of Letters of Administration, or Grant of Probate
The Will
For Muslim estates: the original Inheritance Certificate from Syariah Court must be included in the application process.

Once these requirements have been fulfilled, the new owners can have the interest in the HDB flat transferred to them.

If a Beneficiary Owns Private Property Already

Owners of private property or owners who have disposed of private property within the last 15 months may take over the ownership of an HDB flat if they meet the following:

The existing flat owner has fulfilled the requisite occupation period
At least 1 of the proposed owners is a Singapore Citizen
All proposed owners and listed occupiers must continue to live in the flat upon the change in flat ownership.

If the beneficiary is already an HDB flat owner

The proposed owners must not be a current owner or essential occupier of:

An HDB flat
A DBSS flat, or an Executive Condominium (EC) unit (within its 5-year Minimum Occupation Period) bought from a developer.

If the beneficiary already owns commercial property

In that case, the HDB flat can be kept by the beneficiary, as long as the commercial property they own doesn’t contain a residential component.

Possible complications

If the law on HDB ownership is followed correctly, then there shouldn’t be any serious problems. But care should be taken in some specific areas. For example, sometimes an informal arrangement regarding the mortgage means that the owner on paper is not the mortgage payer.

The beneficial owner of the flat may be someone entirely different to the name on paper. Sometimes, the person paying the mortgage will have to give proof of these payments in order to protect their interest in the property. This is easy enough if they paid the mortgage out of their CPF (Central Provident Fund), but if they used other forms of income then it may be more complex.

HDB ownership amongst siblings can be complicated, as demonstrated in the case of Ong Chai Koon and others v Ong Chai Soon [2021] SGHC. The case did not deal specifically with inheritance, but it does show how hard it can be to prove who pays a mortgage.

If you want to stipulate how your HDB flat is inherited and by whom, you should set this out in your Will, otherwise there may be conflict amongst your surviving family members or co-owners. A Will ensures your first choice of person inherits the flat.

If you own an HDB flat, speak to a lawyer who practises inheritance law and ask them to explain the intricacies of HDB inheritance.

Likewise, as a co-owner of an HDB flat, make sure you also understand inheritance law, succession, and intestate succession, in order to protect your rights.