Two documents do most of the work in protecting a family: a will, which says what happens after you die, and a Lasting Power of Attorney, which says who decides for you if you lose the capacity to decide for yourself.

Most of the estate difficulties we see could have been avoided by one or both. Yeo Marini Law Corporation prepares wills, Lasting Powers of Attorney and trust deeds, and our lawyers work in English and Mandarin so that families can discuss these matters together in the language they are comfortable with.

Wills

A valid will in Singapore must generally be in writing, signed by the testator, and witnessed by two witnesses present at the same time. A beneficiary or the spouse of a beneficiary should not act as a witness, since a gift to them may be void.

A properly drafted will does more than list gifts. It should:

  • Appoint executors who are willing and able to act, with substitutes
  • Deal with the residue of the estate, so that nothing falls into a partial intestacy
  • Anticipate what happens if a beneficiary dies before you
  • Appoint guardians for minor children
  • Consider whether gifts to young beneficiaries should be held on trust until an age you choose
  • Be clear about assets that will not pass under it

Marriage generally revokes an earlier will unless it was made in contemplation of that marriage. Divorce affects gifts to a former spouse. Both are frequently overlooked.

What a will does not cover

Several important assets pass outside your will:

  • CPF monies, which pass under a CPF nomination
  • Insurance policies with a valid nomination or a trust under section 73 of the Conveyancing and Law of Property Act
  • Property held as joint tenants, which passes to the survivor

A will that assumes otherwise can produce a distribution nobody intended. Reviewing nominations alongside the will is part of the exercise.

Lasting Powers of Attorney

An LPA allows you, while you still have mental capacity, to appoint one or more donees to make decisions on your behalf if you later lose it. Decisions can cover personal welfare, property and affairs, or both.

An LPA must be certified by a registered certificate issuer, who confirms that you understand what you are doing and are not acting under undue pressure. Our lawyers are certificate issuers, so we can handle the whole application in house rather than sending you elsewhere for certification.

Choosing donees deserves thought. You can appoint them jointly, jointly and severally, or jointly for some decisions and severally for others. You can also name replacements. Getting this structure right avoids deadlock later.

Trust deeds

Where the position is more complex, a trust may serve better than an outright gift. Common reasons include providing for a child with special needs, protecting assets for young beneficiaries, providing for a second family alongside children of a first marriage, or holding assets across jurisdictions.

We advise on whether a trust is genuinely warranted. Often it is not, and a well-drafted will does the job at a fraction of the cost.

Reviewing what you have

A will made ten years ago may no longer reflect your assets, your family, or the law. We recommend reviewing after any marriage, divorce, birth, death, significant acquisition or move between jurisdictions.

Common questions

What makes a will valid in Singapore?

A valid will must generally be in writing, signed by the testator, and witnessed by two witnesses present at the same time. A beneficiary or the spouse of a beneficiary should not act as a witness, since a gift to them may be void.

Does marriage or divorce affect my will?

Marriage generally revokes an earlier will unless it was made in contemplation of that marriage. Divorce affects gifts to a former spouse. Both are frequently overlooked.

What is a Lasting Power of Attorney?

An LPA allows you, while you still have mental capacity, to appoint one or more donees to make decisions on your behalf if you later lose it. Decisions can cover personal welfare, property and affairs, or both. It must be certified by a registered certificate issuer.

Speaking to us

Nothing on this page is legal advice for your situation, and contacting us does not by itself create a solicitor and client relationship. To discuss a will, an LPA or a trust, contact us by telephone, email or WhatsApp. You may also wish to read about probate and estate administration or our other practice areas.