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July 11, 2025 Uncategorized

Why You Need a Will – Adulting 101

Becoming a legal adult comes with responsibilities, one of which is thinking ahead. While it may seem premature to consider estate planning in your 20s or 30s, the truth is that death can happen unexpectedly. 

A will is not just for the elderly or the wealthy; it is an essential document that gives you control over your affairs, helps protect your loved ones, and ensures that your wishes are respected.

What Is a Will?

A will is a legally binding document that outlines how your assets should be distributed after your death. It also allows you to appoint someone you trust to manage your estate and care for any dependents you leave behind.

Ensuring Assets Are Distributed According to Your Wishes

Without a will, your assets will be distributed according to Singapore’s Intestate Succession Act, which follows a fixed hierarchy of beneficiaries. This legal default may not reflect your true intentions, especially if you have:

  • Specific dependents (e.g., elderly parents, unmarried partners)
  • Charitable causes you wish to support
  • Unequal distributions in mind based on personal relationships or needs

Therefore, a will ensures your estate is passed on according to your wishes.

For a clear diagram on how your assets would be distributed via the Intestate Succession Act, click here.

Appointing a Trusted Executor

When drafting a will, an executor has to be appointed; someone you trust to carry out your instructions. The executor is responsible for:

  • Applying for a Grant of Probate from the Family Justice Courts
  • Paying off your outstanding debts and taxes with remaining assets
  • Distributing your assets according to your will

Without a will, the court will grant Letters of Administration to an administrator. This person may not be someone you would have chosen, potentially leading to delays, inefficiencies, or disputes.

See here for a breakdown of this process.

Protecting Minor Children and Dependents

A will is crucial especially if you have children who are minors. It allows you to:

  • Appoint a legal guardian for your children in the event of your passing
  • Ensure the guardian aligns with your values and parenting style
  • Set up Testamentary Trusts* to manage assets on behalf of your children until they reach a certain age

*Testamentary trust is one created in a will to provide for dependents, and only comes into effect after death

Without these provisions, the Family Court will decide who raises your children, and there may be uncertainty over how their financial needs are met.

Avoiding Family Disputes and Legal Complications

In the absence of a will – misunderstandings, disagreements, and even lawsuits may arise. A properly drafted will:

  • Minimise family conflicts over inheritance
  • Reduce legal costs and administrative delays
  • Clarify your intentions, especially in blended or complex family situations

Under the Wills Act, a valid will also reduce the likelihood of contested claims under the Inheritance (Family Provision) Act, which allows dependents to challenge the distribution of your estate if they feel inadequately provided for.

Clarifying the Treatment of CPF Monies, Insurance Policies, and Joint Accounts

Not all assets are covered under your will. For instance:

  • CPF monies require a separate nomination through the CPF Board
  • Insurance policies may name beneficiaries who override will provisions
  • Joint accounts typically transfer automatically to the surviving joint owner

A complete estate plan includes making the necessary nominations, trust arrangements, and will provisions to ensure your entire estate is distributed according to your intentions.

Planning for Business Owners

If you own a business, your passing could lead to serious disruptions. With a will, you can:

  • Appoint a successor or manage your company shares smoothly
  • Create a Buy-Sell Agreement with co-owners for continuity
  • Shield your business from legal disputes and forced liquidation

Estate planning for business owners may also involve:

  • Lasting Power of Attorney (LPA)
  • Trusts or corporate nominee structures

Speak to our wills and probate lawyers to ensure a comprehensive succession plan.

Legal Requirements for a Valid Will in Singapore

Under the Wills Act (Cap. 352), your will should meet the following conditions:

  • The testator (you) to be at least 21 years and of sound mind
  • The will to be in writing (typed or handwritten)
  • The testator to sign at the foot of the will in the presence of two independent witnesses
  • The two witnesses to sign in your presence
  • The witnesses cannot be beneficiaries or the spouses of beneficiaries

Failure to meet these requirements may result in your will being invalid, and your estate would be distributed under intestacy laws instead.

What’s next?

Drafting a will may not feel urgent, but it is one of the most responsible and loving things you could do. Whether you are a young working adult, a parent, or a business owner, a will offers peace of mind that your affairs will be handled as you intended.

Will-writing can be complex and difficult to navigate, contact our wills and probate lawyers to ensure your will is legally sound and clear.

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