Published December 15, 2018 · Updated November 13, 2026
What Legal Formalities Help You Avoid Will Mistakes in Singapore?
A will generally must be written, signed and witnessed as the Wills Act requires. The testator must normally be at least 21.
A misplaced signature can put a will or a gift at risk. How can you avoid mistakes when making a will in Singapore?
In this article, we discuss signing and witnessing, failed gifts, will contents, CPF nominations and professional advice.
Leaving a will is not just for the wealthy. It lets people decide who receives their assets and in what proportion. Marriage, divorce, the birth of a child, migration or financial changes are reasons to review a will.
The Wills Act 1838 sets out formalities for a valid will in Singapore. If a non-Muslim dies without a valid will, the Intestate Succession Act 1967 generally determines inheritance. Intestacy rules can also apply to estate assets not disposed of by a valid will. For example, where a spouse and children survive, the spouse generally receives half and the children share the other half. We discuss this in our article on dying without a will in Singapore.
This article was first published on December 15, 2018 and has been revised for 2026.
A will generally must be in writing. The testator must normally be at least 21 and have testamentary capacity. The will must generally also be signed and witnessed as prescribed. Special rules apply to certain soldiers in actual military service and mariners at sea, including those under 21.
Muslim estates are also subject to Muslim inheritance law. A wasiat generally covers up to one-third of the estate for non-faraid beneficiaries. Muslims should consult a lawyer versed in Syariah law about the applicable rules and exceptions.
The table captioned Legal Requirements for a Valid Will in Singapore summarises the general rules.
This article is general information, not legal advice.
1. Signing by the Testator
The testator must generally sign the will, or place a mark on it, at the end of the document. The signature must be positioned so that it is apparent the testator intended to give effect to everything written above it.
2. Signing on the Testator's Behalf
Another person may sign for the testator, at the testator's direction and in their presence. The testator must make or acknowledge the signature as the signature to their will before at least two witnesses present together, who must sign in the testator's presence. The testator must also have testamentary capacity; another person's signature does not replace that requirement.
3. Witnessing the Signature
The testator must generally sign or acknowledge the signature before at least two witnesses present together. The witnesses must sign in the testator's presence. They need not read the will or know its contents. Ideally, they and their spouses should receive nothing under the will.
What Common Will Mistakes Should I Avoid?
Common mistakes include improper signing, a beneficiary witnessing the will, and failing to plan for assets outside it.
A signing defect may affect the validity of a will, while a beneficiary witness may lose a gift without invalidating the will. The table captioned Common Will Mistakes in Singapore and Their Consequences also covers marriage, residuary clauses and CPF nominations.
Legal Requirements for a Valid Will in Singapore
| Requirement | What the Wills Act requires |
|---|---|
| Testator's age | Generally at least 21 years old and of sound mind |
| Form of the will | The will must generally be in writing |
| Signature | Generally signed by the testator at the end of the will, or by another person in the testator's presence and at the testator's direction |
| Witnesses | Generally at least two witnesses, present at the same time, must attest the signature in the testator's presence |
| Witness independence | Witnesses should not be beneficiaries or the spouses of beneficiaries, or the gifts to them may fail |
| Governing law | Wills Act 1838 generally; Administration of Muslim Law Act and faraid for Muslims |
What Happens When a Beneficiary Witnesses a Will?
The will is not invalid merely because a beneficiary witnesses it, but the beneficiary's gift may fail.
Under section 10 of the Wills Act, a gift to an attesting witness or their spouse generally fails. The will is not invalid merely because of the attestation. The failed gift's destination depends on the will and applicable law.
There is an exception if the will is duly executed without the attestations of beneficiaries or their spouses. For example, two other independent witnesses may have properly witnessed it. A lawyer can assess whether the exception applies.
If needed, the testator can re-execute the will with two independent witnesses. A lawyer can also advise on the effect of any failed gift.
Can an Executor Be a Beneficiary of the Same Will?
Yes. An executor can also be a beneficiary, but witnessing may put the executor's gift at risk.
An executor gathers assets, pays debts and distributes the estate. A beneficiary can be appointed to that role. Choose an adult with capacity who is willing and suitable to act. An undischarged bankrupt requires court permission to act as a personal representative.
An executor can witness a will, but a beneficiary-executor's gift may fail. Section 10 provides an exception where the will is duly executed without the attestations of beneficiaries or their spouses. Choose independent witnesses and name a substitute executor.
What Should I Put in My Will?
A complete will covers the assets, the beneficiaries, the executors and guardians, and clauses revoking earlier wills and distributing the residue.
The contents below reflect what a well-drafted will in Singapore typically includes.
1. Assets and Liabilities
List the essential assets and any liabilities, with instructions for repaying debts. Some assets pass outside the will. For example, a deceased joint tenant's interest generally passes to the surviving joint tenant, while a share held as a tenant-in-common may form part of the estate.
2. Beneficiaries and Their Shares
Name each beneficiary and state the specific amount or share each is to receive. Gifts to minors should provide for a trustee to hold the assets until the beneficiary comes of age.
3. Executors and Guardians
State the executor's name; a beneficiary may serve in this role. Where minor children are involved, consider naming guardians to care for them and trustees to manage their inheritance.
4. Revocation and Residuary Clauses
Include a clause revoking all earlier wills and a residuary clause distributing whatever remains. A residuary clause can cover later-acquired assets and failed gifts. A lawyer can advise on exceptions, including rules affecting gifts to descendants.
Common Will Mistakes in Singapore and Their Consequences
| Mistake | Effect on the will | How to avoid it |
|---|---|---|
| A beneficiary or their spouse witnesses the will | The gift to the beneficiary may fail, though the will stays valid | Use witnesses who receive nothing under the will |
| Marrying after the will is made | The will is generally automatically revoked | Make a new will after marriage, or draft it in contemplation of the marriage |
| Omitting a residuary clause | Leftover assets pass under the intestacy rules | Add a clause distributing the remainder of the estate |
| Assuming CPF savings pass under the will | CPF monies cannot be distributed by a will | Make a CPF nomination with the CPF Board |
| Forgetting assets that pass outside the will | Joint tenancy property goes to the surviving co-owner regardless | Structure ownership and nominations deliberately |
| Ambiguous wording in a homemade will | Disputes among beneficiaries or a contested estate | Have the will professionally drafted and reviewed |
When Should a Will Be Revoked or Reviewed?
Marriage generally revokes an earlier will, while divorce does not automatically revoke it or remove a former spouse.
Under the Wills Act, marriage generally revokes an earlier will. Exceptions include a will expressed to be made in contemplation of that marriage and certain appointments. A will can also be revoked by properly executed writing or intentional destruction.
Divorce does not automatically revoke a will. A gift or appointment favouring a former spouse may still take effect. Review the will after divorce and other major life changes.
How CPF Savings Are Distributed in Singapore
| Scenario | How CPF savings are distributed |
|---|---|
| A valid CPF nomination is in place | Generally distributed according to the nomination; a nominee under 18 has their share held by the Public Trustee, and a deceased nominee’s share may be redistributed. |
| No nomination, non-Muslim member | Distributed by the Public Trustee's Office under the Intestate Succession Act 1967, less an administration fee |
| No nomination, Muslim member | Distributed according to the Inheritance Certificate and Muslim law |
| Nomination not updated after life changes | Review and renew the nomination after marriage, divorce or the birth of a child |
What About My CPF Savings?
CPF savings cannot be given under a will; a valid CPF nomination generally directs who receives them.
Central Provident Fund savings do not form part of the estate and cannot be distributed under a will. They are also protected from creditors.
To direct CPF savings, a member can nominate recipients and their shares with the CPF Board. Marriage revokes an existing CPF nomination. Make a new nomination after marriage to direct your savings. Divorce does not automatically revoke a nomination, so review it after divorce too. Without a nomination, the Public Trustee's Office distributes the savings under the Intestate Succession Act 1967 — or according to the Inheritance Certificate for Muslims — after deducting an administration fee.
If a nominee dies before the member, their share is generally redistributed among surviving nominees in proportion to their shares. If none survive, the nomination is revoked and the savings go to the Public Trustee for distribution under the applicable rules. A nominee under 18 at the time of claim has their share held by the Public Trustee until age 18.
Do I Need a Lawyer to Write a Will in Singapore?
No law requires a lawyer to write a will, but legal advice can help identify drafting and execution risks.
A testator may lawfully write a will without a lawyer, and simple wills are often drafted that way. The risk is that a homemade will fails on a technicality, or that ambiguous wording invites disputes among the beneficiaries.
Hiring a lawyer to draft a will is a practical way to avoid will mistakes in Singapore. Fees vary depending on the will's complexity and the lawyer's experience, so request a quote and weigh it against the value of the estate and the potential cost of litigation over a defective document. A professional can also advise on estate planning structures, such as trusts for young beneficiaries.
Where Are Wills Recorded in Singapore?
The Singapore Academy of Law maintains the Wills Registry, where registering a will's details is voluntary.
The Singapore Academy of Law has managed the Wills Registry since 4 May 2020. It records information such as where the original will is kept. Eligible people may apply to search for a record.
The Wills Repository service allows participating law firms to deposit digital copies of wills. The individual engages a participating law firm to prepare or review the will and nominates who may access the copy after death. Authorised persons request retrieval through a law firm. SAL offers complimentary deposits through participating firms until 31 March 2027. A digital copy does not replace the signed original.
Registration is voluntary and does not determine a will's validity. Tell your executors where to find the original.
Conclusion
To avoid common will mistakes, follow the signing formalities, choose independent witnesses, review your will after major life changes and consider a separate CPF nomination.
3E Accounting Singapore can help clients explore will-writing support. Speak with a qualified Singapore lawyer about your circumstances and the legal requirements.
Get Your Will Right the First Time
Contact our team to discuss will-writing support and seek advice from a qualified Singapore lawyer.
Frequently Asked Questions
The will is not invalid merely because a beneficiary witnesses it. The gift generally fails, unless the will was duly executed without the attestations of beneficiaries or their spouses.
Yes. A beneficiary may be an executor, but witnessing can put their gift at risk. An undischarged bankrupt needs court permission to act as a personal representative.
Yes. Another person may sign at the testator's direction and in the testator's presence. The signature generally must be made or acknowledged before two witnesses present together, who sign in the testator's presence.
No. CPF savings do not form part of the estate and cannot be distributed under a will. A CPF nomination directs who receives them; without one, the Public Trustee's Office distributes the savings under the Intestate Succession Act for non-Muslims or Muslim inheritance rules for Muslims, after deducting an administration fee.
Marriage generally revokes an earlier will, subject to exceptions. Divorce does not automatically revoke it or remove gifts or appointments favouring a former spouse.
Abigail Yu
Director
Abigail Yu oversees executive leadership at 3E Accounting Group, leading operations, IT solutions, public relations, and digital marketing to drive business success. She holds an honors degree in Communication and New Media from the National University of Singapore and is highly skilled in crisis management, financial communication, and corporate communications.
