A misplaced signature can put a will or a gift at risk. How can you avoid mistakes when making a will in Singapore?<\/p>\n
In this article, we discuss signing and witnessing, failed gifts, will contents, CPF nominations and professional advice.<\/p>\n
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.<\/p>\n
The Wills Act 1838<\/a> 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<\/a>.<\/p>\n This article was first published on December 15, 2018<\/a> and has been revised for 2026.<\/p>\n 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.<\/p>\n 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.<\/p>\n The table captioned Legal Requirements for a Valid Will in Singapore summarises the general rules.<\/p>\n This article is general information, not legal advice.<\/p>\n\n 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.<\/p>\n 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.<\/p>\n 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.<\/p>\n Common mistakes include improper signing, a beneficiary witnessing the will, and failing to plan for assets outside it.<\/strong><\/p>\n 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.<\/p>\n The will is not invalid merely because a beneficiary witnesses it, but the beneficiary's gift may fail.<\/strong><\/p>\n 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.<\/p>\n 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.<\/p>\n 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.<\/p>\n Yes. An executor can also be a beneficiary, but witnessing may put the executor's gift at risk.<\/strong><\/p>\n 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.<\/p>\n 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.<\/p>\n A complete will covers the assets, the beneficiaries, the executors and guardians, and clauses revoking earlier wills and distributing the residue.<\/strong><\/p>\n The contents below reflect what a well-drafted will in Singapore typically includes.<\/p>\n 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.<\/p>\n 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.<\/p>\n 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.<\/p>\n 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.<\/p>\n1. Signing by the Testator<\/h3>\n
2. Signing on the Testator's Behalf<\/h3>\n
3. Witnessing the Signature<\/h3>\n
What Common Will Mistakes Should I Avoid?<\/h2>\n
Legal Requirements for a Valid Will in Singapore<\/h2>\n
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\n \nRequirement<\/th>\n What the Wills Act requires<\/th>\n<\/tr>\n<\/thead>\n \n Testator's age<\/td>\n Generally at least 21 years old and of sound mind<\/td>\n<\/tr>\n \n Form of the will<\/td>\n The will must generally be in writing<\/td>\n<\/tr>\n \n Signature<\/td>\n 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<\/td>\n<\/tr>\n \n Witnesses<\/td>\n Generally at least two witnesses, present at the same time, must attest the signature in the testator's presence<\/td>\n<\/tr>\n \n Witness independence<\/td>\n Witnesses should not be beneficiaries or the spouses of beneficiaries, or the gifts to them may fail<\/td>\n<\/tr>\n \n Governing law<\/td>\n Wills Act 1838 generally; Administration of Muslim Law Act and faraid for Muslims<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n<\/div>\n What Happens When a Beneficiary Witnesses a Will?<\/h2>\n
Can an Executor Be a Beneficiary of the Same Will?<\/h2>\n
What Should I Put in My Will?<\/h2>\n
1. Assets and Liabilities<\/h3>\n
2. Beneficiaries and Their Shares<\/h3>\n
3. Executors and Guardians<\/h3>\n
4. Revocation and Residuary Clauses<\/h3>\n
Common Will Mistakes in Singapore and Their Consequences<\/h2>\n
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