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The field of Will & Testament Law in City Hall, Singapore is primarily regulated by The Wills Act, which details the rights and responsibilities surrounding will writing, execution and amendments. In order to be legally valid, a Will must be in writing, signed by the testator and witnessed by two individuals who will not benefit from the Will. The law also covers matters outlining the circumstances under which a Will can be invalidated and how it can be successfully contested.
Writing a Will can be quite complex and a simple oversight can render it invalid. A lawyer can help you understand the legal technicalities and ensure your Will is legally binding. If you have property or assets overseas, a lawyer can ensure your Will aligns with the laws of those countries. They can also assist you in circumstances where your Will is contested, needs amendment, or in cases where there's no Will and the rules of intestacy must be followed.
In Singapore, the Wills Act governs the creation and validity of Wills. The key aspects of the law stipulate that the testator must be at least 21 years old and be of sound mind at the time of writing the Will. For a Will to be valid, it must be in writing, signed by the testator, and witnessed by two individuals not included in the Will. Wills can be revoked by marriage, the creation of a new Will, or by the physical destruction of the Will by the testator.
Although the law permits you to draft your own Will, it is advisable to engage a lawyer due to the complexity of the issues involved, such as tax considerations and ensuring the Will's validity.
If you die without a Will (intestate), your estate will be divided according to Singapore's Intestate Succession Act. This might not necessarily align with your wishes for the distribution of your assets.
While joint Wills are not prohibited under Singapore law, they are typically not advised as situations may change and individual wills offer more flexibility.
Yes, a Will can be changed or revoked at any time as long as you are of sound mind. This should ideally be done with legal help to ensure validity.
If your Will is contested, it may be declared partially or entirely invalid if the challenger successfully proves issues like forgery, lack of capacity, or undue influence. Having your Will drafted by a legal professional can reduce the chances of successful contestation.
The Singapore Academy of Law and The Law Society of Singapore offer various resources to understand Will & Testament laws better. You can also refer to the Singapore Legal Advice website for more information and to seek free legal clinic services.
If you need legal assistance in drafting or amending a Will, look for a lawyer who specializes in Will & Testament Law. Consult with them to understand the intricacies of your situation and to ensure that all your wishes are laid out correctly in your legal documents.
