Many people in Singapore delay writing a Will due to misconceptions about its necessity and legal complexity. However, failing to have a Will can lead to unintended consequences, including family disputes and delays in asset distribution. In this article, we debunk some of the most common myths about writing a Will in Singapore.
Myth 1: Only the Wealthy Need a Will
Many believe that Wills are only for the rich or those with extensive assets. However, regardless of wealth, a Will ensures that your belongings—whether they include a house, savings, or personal possessions—are distributed according to your wishes. Without a Will, your assets will be distributed according to the Intestate Succession Act (Cap. 146), which may not align with your intentions.
Myth 2: If I Die Without a Will, My Spouse Will Automatically Inherit Everything
This is a common misconception. Under the Intestate Succession Act, if you pass away without a Will:
- If you have a spouse and children, 50% of your estate goes to your spouse, and the other 50% is divided equally among your children.
- If you only have a spouse and no children, your spouse will receive 100% of your estate.
- If you have no spouse or children, your estate will go to your parents or siblings, depending on surviving relatives.
A Will allows you to override this default distribution and allocate your assets exactly as you see fit.
Myth 3: Writing a Will is Complicated and Expensive
Drafting a Will can be straightforward. While legal advice is recommended for complex estates, many Wills can be written affordably with professional assistance or through reputable Will-writing services. What’s important is that the Will meets the legal requirements outlined in the Wills Act (Cap. 352):
- The testator (person making the Will) must be at least 21 years old.
- The Will must be signed in the presence of two witnesses who are not beneficiaries.
Myth 4: I Can Just Tell My Family My Wishes Instead of Writing a Will
Verbal instructions hold no legal weight in Singapore. Even if you have clearly told your family how you want your assets distributed, they will have no legal standing in the absence of a written Will. This could lead to disputes or assets being distributed differently from your intentions.
Myth 5: My Will is Permanent and Cannot Be Changed
A Will is not a one-time document—it should be updated when your circumstances change. Events such as marriage, divorce, having children, or acquiring new assets may require amendments. In Singapore, marriage automatically revokes an existing Will unless it was made in contemplation of marriage.
Myth 6: A DIY Will is Always Valid
While you can draft your own Will, errors in wording, signing, or witnessing may make it invalid. Common mistakes include:
- Not signing in the presence of two proper witnesses
- Using vague or unclear language
- Not appointing an executor to carry out your wishes
To ensure validity, it’s advisable to consult a lawyer or professional Will-writing service.
Myth 7: Only Older People Need a Will
Unexpected events can happen at any age. Having a Will ensures that your assets are distributed according to your wishes and that your loved ones are provided for. If you have dependents, property, or savings, you should consider writing a Will regardless of your age.
Understanding the truth about Wills helps ensure your assets and loved ones are protected. Writing a Will is not just for the wealthy or elderly—it is an essential part of financial planning that provides peace of mind and legal clarity.