The Wills Act of Singapore: A Comprehensive Guide

Introduction

A will is a legal document that sets out an individual's wishes regarding the distribution of their property after their death. In Singapore, the Wills Act governs the creation, execution, and validity of wills. Understanding the Wills Act is crucial for ensuring that your wishes are carried out after your passing.

Validity of Wills

Formal Requirements

According to the Wills Act, a will must meet certain formal requirements to be valid:

1. Age: The testator (person making the will) must be at least 21 years of age.
2. Capacity: The testator must have the mental capacity to understand and appreciate the nature and consequences of making a will.
3. Writing: The will must be in writing.
4. Signature: The testator must sign the will in the presence of two witnesses.
5. Attestation: The witnesses must also sign the will in the presence of each other and the testator.

Types of Wills

The Wills Act recognizes two main types of wills:

1. Written Will: The will must be signed by the testator and witnessed as described above.
2. Holographic Will: The will must be entirely written, dated, and signed by the testator.

Execution of Wills

Signing of the Will

The testator must sign the will in the presence of two witnesses. The signature must be the testator's own and not a mark or thumbprint.

Prescribed Form

The Wills Act does not require a will to be in any specific form. However, it is recommended to use a prescribed form as it helps ensure that the will meets all the necessary formal requirements.

Electronic Wills

Electronic wills are not recognized under the Wills Act. A will must be in a physical, tangible form to be valid.

Capacity to Make a Will

To have the capacity to make a valid will, the testator must:

1. Understand the Act: The testator must understand the nature and effect of making a will.
2. Discern Consequences: The testator must be able to appreciate the consequences of distributing their property in a certain way.
3. No Mental Illness: The testator must not have a mental illness that affects their judgment or ability to comprehend the nature of making a will.

Testamentary Capacity

Presumption of Capacity

The law presumes that all individuals have testamentary capacity unless proven otherwise.

Challenge to Capacity

If there is any doubt about the testator's capacity to make a will, it can be challenged in court.

Revocation of Wills

Methods of Revocation

A will can be revoked in several ways, including:

1. Destruction: The testator physically destroys or burns the will.
2. Cancellation: The testator cancels the will by writing on it or tearing it apart.
3. Revocation Clause: The testator includes a clause in a subsequent will that revokes the previous will.
4. Marriage: For women only, marriage revokes a will made before the marriage.

Intestacy

If an individual dies without a valid will, they are considered to have died intestate. In such cases, the distribution of their property will be governed by the Intestate Succession Act.

Probate and Administration

Probate

Probate is the official process of proving a will to be valid and appointing an executor to administer the estate.

Executor

The executor is the person named in the will to carry out the testator's wishes.

Administration

The executor is responsible for administering the estate, including collecting assets, paying debts, and distributing property according to the will.

Tips and Tricks

• Seek professional advice from a lawyer to ensure that your will is valid and meets your wishes.
• Regularly review and update your will to reflect changes in your circumstances or wishes.
• Consider using a prescribed form to simplify the process of creating a will.
• Keep your will in a safe and accessible location.
• Inform your executor of the location of your will.

Frequently Asked Questions (FAQs)

Q: Can I make a will if I am under 21 years old?

A: No, the Wills Act requires individuals to be at least 21 years old to make a valid will.

Q: Can I witness my own will?

A: No, the Wills Act requires that witnesses be independent parties who are not beneficiaries of the will.

Q: What happens if I die without a will?

A: If you die without a valid will, your property will be distributed according to the Intestate Succession Act, which may not reflect your wishes.

Q: Can I revoke my will orally?

A: No, a will can only be revoked in writing or by destroying it.

Q: How long does probate take?

A: The time frame for probate varies depending on the complexity of the estate and the court's workload.

Conclusion

The Wills Act of Singapore provides a framework for the creation, execution, and validity of wills. Understanding the requirements and procedures under the Wills Act is essential for individuals to ensure that their wishes are carried out after their death. By carefully planning and executing a will, individuals can provide for the distribution of their property in accordance with their intentions and protect their loved ones from potential legal challenges.