Do You Really Need a Will in Singapore? 

A will is a legal document that ensures how one's assets are distributed among loved ones after death. It is also one of the ways for your wishes to be honoured after your death — regardless of how simple or complex your requests or personal circumstances may be. 

For most Singaporeans, making a will is considered as an important but not urgent task, hence it is not their top priority until it may be too late. Often, this lack of urgency to prepare a will could come from the beliefs that one does not have a lot of assets accumulated in one's life, or the family relationships are not complicated and they will know what to do if one passes on. 

How important is a will in Singapore? The simple answer is a will can provide some guidance for loved ones on what should be done with your assets during an emotionally difficult time after your passing. 

While situations and scenarios may vary from person to person, we've prepared some examples for you to decide whether writing a will is necessary for you. 

Scenarios Where a Will Is Necessary in Singapore 

1. Your assets are to be distributed in a specific manner 

Singapore's Intestate Succession Act (ISA) sets out a specific set of rules in the case of distribution of your assets upon your death should you pass on without a will prepared.  

However, if your wish is for your assets to be distributed in a way differing from the rules under ISA, a will is needed to state your intentions. 

Your assets are not only limited to being distributed to a person or persons, but a portion of it may also be distributed to a charitable organisation. This should be clearly stated in your will as one of or the only beneficiary. 

2. You want to appoint an executor to take charge of your assets 

There may be complexities when it comes to deciding on who should inherit your assets after your passing or you have a significant number of personal assets. Appointing an executor to be a representative of your assets is another way to ensure some control after your passing. In accordance to your will, this individual or even corporation will then in charge of distributing your assets and ensuring that all the beneficiaries listed will receive what they are entitled to at the right time. 

In the case where you have not prepared a will,  there is no guarantee a suitable person will be appointed to assist you for the role of an executor. Should this happen, the court will appoint a personal representative to act as the administrator of your estate. This person could be your surviving family members such as your spouse, children or relatives. 

3. You are unmarried but cohabiting with a partner, have pets, or a unique family situation 

Things might get tricky in the case of unmarried couples and how their assets are to be distributed. This could be one of the more important reasons to consider preparing a will as it may cause confusion over who should be entitled to make their claim after your passing. 

If you wish to leave behind or distribute your assets to your partner or stepchildren/foster children, you will need to explicitly state this in your will as, under ISA ruling, children not legitimate or not adopted legally are not entitled to any of your assets. 

Likewise, pets are also not covered under the ISA as they are considered personal property. Although you may not leave any money to your pet, it can be stated in your will that they are to be provided for after your passing. You may do so by entrusting them to an individual who is to be in charge for the care of your pet(s) and how much you are setting aside for them. 

Scenarios Where a Will is Not Necessary in Singapore 

1. It's agreeable by you to have your assets distributed by ISA 

Should you pass away without a will, the ISA's rules will apply and govern how your assets will be distributed to surviving relatives. 

If you have a spouse but no children, then your spouse will receive all your assets upon your passing. If you have children with a surviving spouse, your spouse will receive half and your children will receive the other half of your assets equally divided. 

A will is not necessary if this eventual arrangement is agreeable by you. However, this does not apply to Muslims as it is instead governed by Syariah inheritance law. 

2. You do not have many assets under your name to be distributed 

If you do not have many personal assets to be distributed, you may not need to prepare a will ahead of time. In this case, a Public Trustee will be able to step in to oversee the administration of your assets and provide assistance to distribute them to your entitled loved ones. 

These Public Trustees are a government body administering the assets of the deceased persons valuing up to S$50,000. Assets are to be distributed to the relevant beneficiaries in accordance to the ISA rules. 

A Public Trustee will not be able to act in situations where there are outstanding debts or liabilities, conflicting claims to assets or disputes among the beneficiaries, or should there be any pending lawsuits involving the deceased. 

3. You are to be married soon 

If arrangements to get married are underway, then a will might not be necessary just yet as any will that was prepared before marriage will be revoked or cancelled. A new will after marriage will need to be written to distribute your assets according to your wishes. 

If you have a significant number of assets upon getting married, you may want to consider writing a new will, but it's not necessary as the ISA rules that your spouse will receive your assets after your passing. 

These are just a few scenarios where a will is necessary or not. Your personal circumstances might be more unique compared to others and professional help might be needed should this change in the future. Preparing a will ahead of time allows you full control over your assets and minimises misunderstandings or disputes over them.