Benjamin Poon潘国雄 · Life Managing Director WhatsApp

Will planning basics in Singapore

A plain overview of wills, what happens without one, and the separate Lasting Power of Attorney.

A will sets out who receives your estate. In Singapore, a person under 21 generally cannot make a valid will, and a will must be in writing and executed as the Wills Act requires. Without a will, the Intestate Succession Act applies to non-Muslims. A Lasting Power of Attorney is a separate document.

Is this legal advice?

This page is general information, not legal advice. It cannot take your own family, assets or wishes into account. For anything specific to you, please speak to a qualified lawyer.

Benjamin is a Certified Will Planner with Advance Planners, not a lawyer. See will planning for what he can discuss.

Who can make a will in Singapore?

Under section 4 of the Wills Act 1838, a will made by a person under 21 is not valid. Section 27 has limited exceptions for soldiers in actual military service and mariners at sea.

What makes a will valid?

Section 6(1) of the Wills Act says a will is not valid unless it is in writing and executed in the manner the Act sets out. A lawyer can make sure the signing steps are followed correctly.

Two further points from the Act: a gift to a person who witnesses the will, or to their spouse, is void as far as that person is concerned (section 10), and a will is revoked by the maker's later marriage, with limited exceptions (section 13). Both are reasons to review a will when life changes.

What happens without a will? (non-Muslims)

If a non-Muslim dies without a valid will, the Intestate Succession Act 1967 decides how the estate is shared among relatives. The Act sets the shares by family relationship, so the result may differ from what the person would have chosen.

The Act also covers cases where a will deals with only part of the estate. For the exact shares in your situation, ask a lawyer.

What applies to Muslims?

The Intestate Succession Act does not apply to the estate of a Muslim, and does not affect Muslim law on distribution. The Syariah Court may issue an Inheritance Certificate, which gives the court's opinion on who is entitled to a share and in what proportions, based on the facts the applicant provides.

For questions about a Muslim estate, please consult the Syariah Court or a lawyer familiar with Muslim law.

How is a Lasting Power of Attorney different?

A Lasting Power of Attorney (LPA) lets a person appoint someone to make decisions for them if they lose mental capacity. According to the Office of the Public Guardian, the donor must be at least 21, a Certificate Issuer witnesses the signing, and the LPA ends when the donor dies.

An LPA is separate from a will: a will takes effect after death, an LPA applies during life.

When should I see a lawyer?

It is sensible to speak to a lawyer if your family or assets are not straightforward. Some examples:

  • Family members from more than one marriage, or relatives overseas.
  • A business, property or assets in other countries.
  • A Muslim estate, or a family where laws differ.
  • Someone who may challenge the will, or a family member needing special care.
  • Any doubt about whether a will you hold is valid.
PENDING CLIENT APPROVAL
Preview only. These points will be confirmed with Benjamin before the site goes live:
  • Exact wording of Benjamin's Certified Will Planner credential and the Advance Planners relationship (PENDING).
  • Not verified, so left out: the number of witnesses (Wills Act s6(2) text could not be retrieved), intestate share fractions, and Public Trustee procedures.
  • Have a lawyer or the client review the page before publishing.

Common questions

At what age can I make a will in Singapore?

Under section 4 of the Wills Act, a will made by someone under 21 is not valid, with limited exceptions for soldiers on service and mariners at sea.

Does a will have to be in writing?

Yes. Section 6(1) of the Wills Act says a will is not valid unless it is in writing and executed as the Act requires.

What happens if a non-Muslim has no will?

The Intestate Succession Act applies and sets how the estate is shared among relatives. A lawyer can explain the shares for your situation.

Is a Lasting Power of Attorney the same as a will?

No. An LPA is for decisions if you lose mental capacity, and it ends on death. A will takes effect after death.

Can Benjamin give me legal advice on my will?

No. He is not a lawyer. He can discuss will planning in general, and complex or specific matters should go to a lawyer.

Talk to Benjamin directly

WhatsApp or call +65 8932 9933. English or Chinese, at your pace, no obligation.

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