Part 1 of SG Law Guru’s 7-Part WIll Series
Most Singaporeans know they should have a Will — but few understand how it really works, what it must include, or the mistakes that can make a Will invalid when it is needed most.
In this 7-part series, SG Law Guru breaks everything down in plain English — starting with the fundamentals.
🔍 What Exactly Is a Will?
A Will is a legal document that states what you want to happen to your assets after you pass away.
It only takes effect upon death — not before.
In Singapore, a valid Will must:
- be in writing
- be signed by the testator (the person making the Will)
- be witnessed by two adults who sign in your presence
- witnesses must be at least 21 years old, and cannot be beneficiaries or their spouses
- clearly express how assets are to be distributed
A Will lets you — not the law — decide:
✔️ who inherits your assets
✔️ who manages your estate (Executor)
✔️ who holds assets on trust for beneficiaries (Trustee)
✔️ who cares for your minor children (Guardian)
✔️ how debts and liabilities are handled
Most laymen don’t realise this: Executor and Trustee can be (and usually are) the same person, but they perform different roles.
Without a Will, the law decides for you under the Intestate Succession Act (Cap. 146) — often in ways families don’t expect.
🏠 What Does a Will Actually Cover?
A Will can cover almost all assets under your name, such as:
- property, under your sole name or your tenant-in-common share
- bank accounts & fixed deposits
- insurance payouts — only if no nomination is made
- cars, shares, crypto, business interests
- jewellery, collections, and personal belongings
🗂️ Residual Assets: The Clause Everyone Overlooks
A residuary clause covers everything not specifically mentioned in your Will — the things you acquire later or forgot to list.
Example:
You leave your HDB flat to your child and your car to your sibling. Later, you inherit money from a relative or buy a condo.
Without a residuary clause, these will be distributed under intestate law — possibly not to the people you intended.
A simple line like:
“I give all the rest and residue of my estate, of whatever nature and wherever situated to [beneficiary/beneficiaries] in [equal shares/specified proportions]”
… ensures nothing falls through the cracks.
⚠️ Common Myths That Cause Real Damage
Myth #1: “My insurance is in my Will.”
❎ Not true. Insurance goes to the named nominee(s), not the Will — unless there is no nomination made.
Myth #2: “My HDB can be willed to anyone I want.”
❎ HDB rules still apply. Non-eligible beneficiaries may not inherit the flat.
Myth #3: “My Will covers CPF”
❎ Always false. CPF requires a separate CPF Nomination.
Myth #4: “If I die, my spouse gets everything automatically.”
❎ Not true if you have children. Intestate law splits assets in fixed proportions that often surprise families.
❌ Fatal Mistakes That Can Invalidate a Will
A single error can destroy the Will’s validity. Common mistakes include:
Beneficiary acting as witness
a beneficiary (or their spouse) cannot witness the Will. Their inheritance becomes void.
No original Will
Courts need to see the original Will. Losing it causes delays and disputes.
Ambiguous wording
Example: “I give my house to my children.”
Which house? Which children? Sell or transfer? Equal shares?
Not updating the Will after major life events
Marriage, divorce, new children, buying property, death of a beneficiary or executor — your Will must reflect your current life.
DIY Wills copied from the internet
Singapore’s Wills Act has strict requirements. A wrong clause may invalidate the entire Will.
🧭 What Makes a Proper, Reliable Will
A good Will is:
✔️ legally valid – signed, witnessed, and compliant with the Wills Act.
✔️ clear & explicit – no vague descriptions.
✔️ practical – right Executor(s)/Trustee(s), backups included.
✔️ updated – review every 3-5 years or after major life changes.
✔️ safely stored – Executor must know where to find it.
💡 Why Every Singaporean Should Have a Will
Without a Will, your loved ones face:
- delays of months or years
- higher legal fees
- frozen bank accounts
- family disputes
- assets being divided in ways you never intended
A Will isn’t about death —
It’s about protecting the people who matter.
⚖️ Final Words from SG Law Guru
A Will doesn’t have to be complicated — but it must be correct.
If you’re unsure whether your current Will is valid, outdated, or risky, get it reviewed. Fixing problems now is always easier than cleaning up later.
A proper Will isn’t just a document — it’s protection for your family.
Disclaimer:
This article provides general information and should no be treated as legal advice. For personalised guidance or Will-drafting, consult a qualified lawyer.
We’re Here to Help
If you’d like to understand more, have your Will reviewed, or need assistance drafting a Will, reach out to us.
SG Law Guru simplifies complex topics into practical guidance — so you know your family is well taken care of when you’re no longer around.
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