What makes a will valid in Singapore?

Who can make a will

Wills in Singapore are governed by the Wills Act. The person making the will (the 'testator') must be at least 21 years old and of sound mind, and must be making the will of their own free choice, not under pressure from anyone else.

There is no legal requirement to use a lawyer. What matters is that the document meets the Act's requirements, and that its wording is clear enough to be carried out.

How a will must be signed

The signing formalities are where home-made wills most often go wrong:

• The will must be in writing.
• The testator signs at the foot, or end, of the document, by hand in ink.
• Two witnesses must both be present at the same time when the testator signs.
• Each witness then signs the will while the testator is present.
• If the testator cannot physically sign, another person may sign on their behalf, in their presence.

Choosing witnesses

Witnesses should be adults aged 21 or over and of sound mind. The key rule is that a witness should not be someone who benefits under the will, or the husband or wife of someone who benefits. Using a beneficiary as a witness can cause problems for the will, so it is safest to use independent people.

What a well-drafted will usually contains

Beyond the formalities, a will is only as useful as its contents. Most carefully prepared wills include:

• A clause cancelling all earlier wills, so there is no doubt which document applies.
• The appointment of one or more executors, and ideally a back-up.
• Clear gifts to named beneficiaries, with full names and identification numbers, and back-up beneficiaries in case someone dies first.
• A 'residuary' clause dealing with everything not specifically given away, which catches forgotten assets and failed gifts.
• For parents of children under 21, the appointment of a guardian.

Events that affect a will

Getting married automatically cancels a will made before the marriage, unless the will expressly provides otherwise. Divorce or separation, on the other hand, does not cancel a will, so an old will may still benefit a former spouse until it is replaced.

Other changes, such as the birth of a child, do not cancel a will but are good reasons to review it.

A signed and witnessed will should not be altered by hand. The usual way to update it is to make a new will that revokes the old one.

Keeping it safe

Singapore has no central store for original wills. There is a Wills Registry where details such as the will's location can be recorded, but registration is optional, does not affect validity, and the registry does not keep a copy of the will itself. It helps to tell the executor where the original is kept.

A lawyer can review your situation and explain your options.