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:

Title:  WILL OF [YOUR NAME]

I, [your name], residing in [your address], of [your identification number], being of lawful age and sound mind and memory, revoke all my former Wills and Codicils and declare that this is my Will.

I appoint [name of your Executor / Trustee], of [your Executor's / Trustee's identification number], of [your Executor's / Trustee's address] to be my Executor and Trustee of my Will (hereinafter referred to as my Executor). My Executor shall pay my just debts, estate duties, legal and funeral and testamentary expense out of my estate.

I give, bequeath and devise all my real and personal property over which I may have a general power of appointment or disposition by will and including but not limited to:

[List all your assets here.]

I give to [name and identification number of your beneficiary] my [property, car, share etc] 

*Here you list your beneficiaries how you wish to distribute your assets to them.

IN WITNESS WHEREOF I have hereunto set my hand this [date you sign the Will]

Signed by the abovenamed                               ]

[Your name]                                                       ]

as his Last Will and Testament in our presence]

and in the presence of each other                      ]

Witness:                                                              Witness:

Name of Witness:                                                Name of Witness:

Identification Number:                                         Identification Number:

Address:                                                              Address:

—————————–

In Singapore, you can take get a lawyer to prepare your Will and do your part for charity at the same time.

Things to Remember

You should review your Will from time to time and change it if

1.   You change your name;

2.   If you married (assuming that you were not married at the time you signed your Will);

3.   If you remarried;

4.   Anyone mentioned in your Will changes his name;

5.   If a beneficiary dies;

6.   If you no longer own the assets mentioned in your Will or you acquire new assets that need to be mentioned; and

7.   If the executor or trustee dies or is unable to carry out his duties due to ill-health.

You should also let your family and Executor know that you have a Will and where you kept.

Well, the above is only a guideline and sample. It is always advisable and prudent to consult a lawyer to prepare your Will for you. 

Let us not forget the adage that, in order to be able to lead, we have to first follow guidelines within the structure of our administration.  Let there be no doubt that the shadows of deregulation have given way to temptation and that considerable power in certain areas of our economy has opened up avenues of corruption.

The fallacy of total deregulation has finally revealed itself in the light of its debilitating effect on the economy, as evidenced by foreclosures, bankruptcies and bailouts.  It has taken a long time to happen, until the flood of delusion and deceit has finally inundated a wide expanse of our economy, and deluged every other area of our system of democracy.

President-elect Obama’s presence of mind and orderly moves, as far as our economy is concerned, must not veer erratically in any wrong direction.  Campaign assurances may have stepped up his chances for success. but may not be enough to get him in the full spotlight of fulfillment, but rather, in the penumbra of uncertainties that appear to be inevitable.