How to Prepare a Will

What is a Will?

A Will allows a person (called the “Testator”) to make provision for the administration and distribution of his possessions (”his estate”) among his family, relatives, friends or favourite charity (called the “beneficiaries”) after he dies.  Beneficiaries are the ones who inherit or benefit under the Will and they can be anyone, even his pet.

The Testator will nominate a person (called the “Executor”) to carry out the administration and distribution of his estate upon his death. Usually, this person is appointed as both the executor and the trustee. A trustee is person who has been empowered by the Testator to hold his estate upon his death.

It is also worthwhile to note that is always preferable to name two or more Executors/Trustees if you are naming minors as beneficiaries in your Will. These Executors/Trustees who would be able to administer or hold any assets or invest or use any money for the benefit of these minors. In Singapore, minors refer to persons who under the age of 21 years.

Who Should Prepare a Will?

Well, usually anyone who has assets should have a legally valid Will. This will help to ensure that your wishes are carried out after your death.

If you do not have a Will when you pass away, your assets will be distributed according to the rules of intestacy as laid down in the Intestate Succession Act and your estate may be distributed to people who you do not intend to give anything to.

Who Can Prepare a Will?

You can prepare a Will if you are of legal age and of sound mind and you can change it anytime during your lifetime without consulting a lawyer. However, there is a risk that a Will prepared by yourself may be ineffective or invalid due to some legalities, which may cause your beneficiaries to suffer unnecessary expense or delay in the execution of your Will. It is therefore advisable to consult a lawyer in respect of the preparation of your Will.

What Can You Give Away in Your Will?

You may give away your property, vehicle, shares, insurance policies, money in your bank accounts, cash and jewellery, i.e. anything that you own.

What are the Information you Will Require in Your Will?

1. Name, identification number and address of your Executor / Trustee
2. Names, identification numbers and addresses of your Beneficiaries (if they are not your immediate family).
3. Name, identification number and address of a Guardian if you have minor children. You may want to appoint someone who would be responsible for their care.
4. Names, identification numbers and addresses of at least two Witnesses
5. You will need at least the signatures of two adult witnesses for the Will to be valid. Do keep in mind that witnesses must not be beneficiaries under the Will. The husband or wife of any of the beneficiaries cannot also be a witness of the Will.
6. Details of your assets

To Prepare a Will

Below is an example of a simple Will: