If 2 persons die under circumstances where it is impossible to know who died first the commorientes rule applies and the elder is deemed to have died 1st. This may lead to an inequitable outcome.
Author: EzWills
Same sex couples without Wills
If someone in a same sex relationship and living in Singapore passes away without a Will the legal situation is quite clear. The law treats him/her as single when he/she passed away. If a person were to pass away in Singapore without a Will his/her estate falls under the Intestate Succession Act (Cap. 146). Married […]
How to write a Will – 3 things you must get right
When making a Will in Singapore many people just google ‘How to write a Will?’ or ‘How should I make a Will?’. Really, it is more important that you get three things absolutely right if the Will is not going to be invalid. Valid Will The requirements for a valid Will can be found at […]
Leaving nothing to a spouse in your Will
When writing a Will Singapore law requires a Will Maker to leave something for the spouse of the Will Maker. Inheritance Family Provision Act (Cap. 138) The Inheritance Family Provision Act allows a person who is a Will Maker’s : spouse; unmarried daughter (regardless of age): infant son; or disabled son or daughter who is […]
When must I update my Will?
If you write your Will with proper planning and foresight you may find that you do not need to update your Will for a long time. Some people have been able to get by without having to update their Wills for 10 years or more. On the other hand, if you do not put any […]
Foreign based assets – concurrent or international Will?
It is not uncommon for people in Singapore to have assets located overseas. You have foreign born persons who move to Singapore but keep assets overseas. You also have Singaporeans who are born in Singapore but studied overseas, have business overseas or invest overseas. Many of these people maintain overseas bank accounts or own overseas […]
Providing for children in your Will – to state their names or not?
In making a Will in Singapore or writing a Will there is no legal requirement that you have to state a person’s name in full if it is possible to identify that person some other way. The practice is to provide NRIC numbers. Doing so leaves no doubts. However, if a will maker states in […]
De facto or co-habitating couples without Wills
What happens if you are in a de facto relationship or co-habitating and pass away without a Will? Unless you are legally married Singaporean law doesn’t recognise the relationship. You will be deemed an unmarried single and your partner is ineligible to inherit your estate. Rules for distribution If a person passes away whilst resident […]
Dealing with Real Estate in a Will
“I have a private Property and HDB in joint names with my husband. How can I transfer my share to my two children in our Wills?” This was the question we were asked earlier this week. Simple Answer If both you and your husband make the usual “standard” Will that couples with children make (see: […]
Young beneficiaries and managing their inheritance
What can a will maker do about leaving a large inheritance to young children? As discussed in a previous post, children that lose both their parents will inherit at 21 if the parents die without a Will. At 21 the human brain is not fully developed. Leaving someone their entire inheritance at 21 to manage […]