Can a Will be validly made if the will maker’s signature is witnessed remotely via video call, skype, facetime or zoom? This question has arisen because COVID-19 has caused difficulties for people to gather together physically in the presence of others. Wills Act requirements – ‘in the presence of’ Section 6 (2) of the Wills […]
Category: Will making tips
Is a Will signed digitally using an electronic signature valid?
“Is a Will signed digitally using an electronic signature valid?” and “can I have my Will signed with my witnesses watching on Skype?” are questions that have arisen since the Global Pandemic hit. Wills Act requirements Section 6 (2) of the Wills Act requires every Will to ‘be signed at the foot or end’ of […]
What is a Mirror Will or what are Mirror Wills?
Mirror Wills are wills usually made by couples (married or unmarried) that ‘mirror’ each other. They are different from identical wills in that identical wills are exactly identical to each other e.g. the same person may be appointed executor in each identical Will. With mirror wills each will may follow the same ‘pattern’ except like […]
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 […]
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 name 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 […]
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: […]
Testamentary trust and the “problem” dependent
What happens if you have a spendthrift dependent or one who is unable manage money? In making your Will you have to worry about leaving money to such a dependent. This could happen if you have a family member who is: A bankrupt A gambler Alcoholic or a drug addict A spendthrift Likely to marry […]
The Role of a Guardian appointed by a Will
The role of a person appointed as Guardian in a Will is to raise the children. Nothing else. The exception would be when the guardian is also appointed as the executor and trustee. Otherwise, the guardian does NOT get to manage the children’s inheritance. It’s the trustee that is solely responsible for management of the […]
Executor and trustee of a Will
Who can be an executor? Any person over 21 years of age can be an executor including someone who is a beneficiary in the Will. Ideally an executor should be someone who is capable of managing money. Lawyers may be engaged to help with the Probate process. However it is the executor that must be […]