Why Do I Need To Write a Will And Set Up a Trust?

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In Singapore, wills are ruled by the Wills Act, that states that a person may devise, gift or dispose of his real or personal property, via a will. Testamentary Trust (Will Trust) are commonly used to shield the interests of young or vulnerable children who may not be ready to handle their own money affairs. It may also be used as an avenue to pass wealth through generations and protect your assets from creditors or within the event of divorce proceedings.

We all know the importance of making a CPF Nomination; so that we get to decide where our CPF savings will go to, if anything happens to us. But is there another way for your CPF savings to be distributed?

These are the requirements for a valid will in Singapore:

• Will must be made in writing.
• Testator must be at least 21 years old.
• Testator must sign at foot of will in front of 2 main witnesses. If the testator is unable to sign, he may allow another person to sign it on his behalf and in his presence.
• The 2 main witnesses cannot be beneficiaries of the will. Witnesses apart from the 2 main witnesses can be beneficiaries.
• Witnesses must also sign the will in the testator’s presence.

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Why Should You Write a Will and What Will Happen If Someone Leaves the World Without it?

Some will think that the word “will” connotes death or one’s last words. But some are optimistic to think that the loved ones they leave behind are well provided for. Either way, all of us must confront death eventually.

Here are some key reasons why you should write a will:

1. Your Estate Distribution

You decide how your estate is distributed. A will ensures that your assets, such as the properties you own, your CPF monies and stock and shares, are handed over according to your wishes. Otherwise, your estate will be distributed according to the Intestate Succession Act.

Fixed vs Discretionary Trust. Do you know the difference?

If the deceased did not leave a valid will behind before he passed away, Singapore’s rules on intestate succession, as outlined in section 7 of the Intestate Succession Act, will determine how the deceased’s estate is distributed to his survivors.

The rules are as follows:

Note: These Rules Do Not Apply to Muslims

The Intestate Succession Act does not apply to Muslims.

The distribution of property of a deceased Muslim domiciled in Singapore at the time of death is governed by Muslim law and the Syariah Court.

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2. Guardian to Look after your Children

You can appoint a guardian to look after your children. Appointing a guardian is an issue that parents with children, under 21 years old, may have to tackle.

There are 2 types of legal guardians:

• A natural guardian – surviving parent of the children
• A testamentary guardian – someone appointed in a will and need not be biologically related to your children

Sometimes, the guardian appointed by the Court may not be the person you believe to be capable enough of bringing up your children. You would want to have someone you trust to take care of your children when you are not around for them.

3. Personal Representative

You can appoint your personal representatives and give them the power to act according to your wishes. Someone you can trust to take charge of your hard earned estates and properties. A personal representative serves as the executor of the will, and is responsible for ensuring that your beneficiaries receive what they are entitled to. Without a will, your personal representatives will be appointed by law (usually the next-of-kin, husband or widow of the deceased) and they might not be the best people to carry out your wishes.

Generally, you have to apply for a Grant of Letters of Administration when the deceased person passes away without leaving behind a will, and you wish to administer and distribute his or her estate or if there is a failure of executors in any of the following situations:

• There is no executor appointed by the will;
• The executor(s) appointed by the will are legally incapable of acting as such, or have renounced their right to act as such;
• The executor(s) passed away before the deceased;
• The executor(s) passed away before obtaining probate, or administering all the deceased’s estate; or
• The executor(s) appointed by the will do not appear and extract probate.
• The person empowered by a Grant of Letters of Administration to administer a deceased’s estate is known as the administrator.

4. Funeral Arrangements

You can choose your funeral arrangements on your will. Your will ensures that your decision to be cremated or buried is respected. Some of us may prefer one practice over another for personal reasons or religious beliefs. For instance, most Hindus prefer cremation as it symbolises the end of the existence of the physical body and a new beginning for the soul.

5. Your Loved Ones Are At Ease

You ease your family members’ pain during this difficult time. One of the hardest moments in our lives is experiencing the loss of a loved one. Having a will minimises the possibility of disputes arising amongst your family members, allowing them to mourn their loss in peace without having to negotiate back and forth with lawyers.

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Many Singaporeans shelve will-making, as well as different kinds of estate planning, as these may involve dark and gloomy thoughts. However, creating a will is really an unselfish act. This is a result of considering the interests of your loved ones even in your last moments, you make sure that your bequest lives on in the hearts of those you love.