Do I Really Need a Will in Singapore? A Legal Perspective

Introduction

One of the most common questions individuals ask is: “Do I really need a will?” While it may seem like an issue to be addressed later in life, the absence of a will can lead to significant legal, financial, and emotional complications for your loved ones. In Singapore, executing a valid will is not just prudent estate planning—it’s a critical legal instrument that provides certainty, efficiency, and peace of mind.

1. What Is a Will?

A will is a legally binding document that sets out the intentions of a person (the testator) regarding the distribution of their estate upon death. Under Singapore law, a will must be executed in accordance with the Wills Act 1838, which stipulates that:

• The testator must be at least 21 years old;

• The will must be in writing;

• It must be signed by the testator in the presence of two witnesses;

• The witnesses must also sign in the presence of the testator.

Failure to comply with these formalities can render the will invalid.

2. Why Having a Will Matters

Here’s what happens when you do not have a will (i.e., you die intestate):

• Your estate will be distributed according to the Intestate Succession Act (Cap. 146);

• You will have no control over how your assets are allocated;

• Your preferred beneficiaries (e.g., unmarried partner, stepchildren, close friends) may receive nothing;

• The process of applying for Letters of Administration will be more time-consuming and costly;

• Disputes between family members may arise.

With a valid will, you can:

• Appoint a trusted executor to manage your estate

• Decide how your assets are distributed

• Appoint a guardian for your minor children

• Provide for specific gifts, charities, or dependants

• Reduce the risk of family disputes and litigation

3. Legal and Practical Benefits of a Will

• Efficiency: With a will, the executor can swiftly apply for a Grant of Probate, allowing faster administration of the estate.

• Certainty: A clearly drafted will reduces ambiguity and potential challenges in court.

• Estate Preservation: You can implement strategies such as setting up testamentary trusts to protect vulnerable beneficiaries.

• Business Continuity: If you're a business owner, a will ensures your business succession plans are documented and legally recognised.

4. Common Misconceptions

• "I’m too young to write a will" – Accidents and unexpected illnesses can happen at any age.

• "I don’t have enough assets to justify a will" – A will is about control, not just wealth. Even modest estates should be distributed according to your wishes.

• "My family will know what to do" – Without a will, the law—not your family—decides.

5. Updating Your Will

A will is not a “one-and-done” document. It should be reviewed and updated in the following situations:

• Marriage, divorce, or remarriage

• Birth or death of a family member

• Acquisition or disposal of significant assets

• Changes in residency or tax status

• Business or financial restructuring

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Conclusion

The question is no longer whether you need a will, but whether you can afford not to have one. Estate planning is not just for the wealthy—it is for anyone who wishes to leave behind clarity instead of confusion. A properly executed will offers control, certainty, and care for your loved ones when they need it most.

At Stamford Legacy, we provide personalised will-writing services tailored to your life, your family, and your assets—always in accordance with Singapore’s legal framework.

📞 Speak with our consultants today to safeguard your legacy.

Disclaimer

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Warning

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