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.
Category: Considerations
Same sex couples without Wills
What happens if someone in a same sex relationship passes away without a Will whilst living in Singapore? The legal situation is quite clear in this instance. The law just 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 […]
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 […]
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 […]
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 […]
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 […]
Mistakes that can happen after you’ve written your Will
Drafting or writing your Will yourself is a good thing. However, you may still make mistakes that may invalidate your Will. The following are just some of the possible errors a person make make in the process of doing their Will on their own. Making a Will but not signing it It is not unusual […]
How Section 26 of the Wills Act works if a beneficiary who is a child of the will maker dies first
If a beneficiary who passes away before the will maker is a child of the will maker, Section 26 of the Wills Act may apply. This follows up on an earlier post ‘What happens if a beneficiary in my Will dies before me?’ . If a beneficiary in a Will but dies before the will […]
What happens if a beneficiary in my will passes away before me?
If a beneficiary in your Will passes away the gift to him/her may fail. You may already have read our will making tips at https://ezwills.com.sg/will-making-tips/ but there is one thing you need to pay attention to if you do not want to get things wrong. If you name someone as a beneficiary and that person […]