FAQ on Will

Below are some of the FAQs that we received from our friends and clients. If you have any queries, please feel free to let us know or just drop us a comment below.

Can I make my own will?
Yes, you can. But it's not recommend. It's best left to the professional.
E.g. if you owned a Lexus and would like to pass it to your son when you passes on. In your Will, you indicated "to give Lexus car to my son". If you have changed your car to BMW, upon your demise, your executor will need to sell your BMW and purchase a Lexus for your son.
Being smart alec, you rephrase it to "to give a car to my son". But then if you have sold your car and/or bought a yacht, then the executor will need to find monies or sell your yacht to buy a car for your son.

What can I put into the Will?
Basically you can put all your estate in your Will except those governed by the law. Refer to the Cheat Sheet here for quick reference on what can and cannot be distributed by law.

How about estate that is overseas?
Estate is divided into 2 types: Movable and Immovable Estate.
For movable estate such as overseas bank accounts, investment, etc. it can be distributed via your Will locally here.
For immovable estate such as overseas properties, land title, etc. it's best to do up a will at the respective country. Immovable estate are usually governed by the respective country's laws.

Is it possible that my Will be revoked?
Yes, when you marry or re-marry unless it's mentioned in the Will.

How about if I'm divorced?
No, divorce does not revoke your Will. So do update your Will promptly after change in marital status.
To add-on, without a Will, even after you file for divorce, the Intestate Succession Act (where you spouse is entitled to HALF of ALL your properties) continues to apply until the date of Final Judgment.
And your spouse also have the FIRST RIGHT to apply for the letter of the administration from the court to deal with all your estate!

Is the Will best kept in a safe place e.g. Bank Safe?
Yes, it should be kept in a safe place but it's a no no to keep in the Bank Safe. Because no one other than yourself has the access to the Bank Safe. However you can consider keeping it in a "fire proof" safe deposit box at home.
Since the Executor needs it to carry out your Will, it would make sense that the Will should be made known where it is especially for the Executor and/or Beneficiaries. If not, you can consider registering your Will location at the "Will Registry" maintained by the Public Trustee of Singapore.
If the Will cannot be found, then the estate will be distributed based on the The Intestate Succession Act.

Other than Will, anything else I need to consider?
Will is effective only upon death. If one is diagnosed with dementia, stroke or in coma, the Will will not take into effect. For these, you will need Lasting Power of Attorney (LPA) or Advanced Medical Directive (AMD) so that the decision can be assigned to someone when you are in no condition to make.