Will Writing in Singapore: A Plain Guide for Families

Will writing in Singapore is less complicated than most families expect, yet many older parents never get round to it. A valid will lets a person decide who inherits their estate, who carries out their wishes and who looks after young children, instead of leaving those decisions to a fixed legal formula. This guide covers who can make a will, the formal requirements, what a will cannot do, the Wills Registry, the choice between writing it yourself and using a lawyer, and how to raise the subject with an ageing parent.

We write about this because it sits close to our everyday work. Families who come to us for an elderly caregiver are usually already thinking about a parent’s future, and the paperwork questions follow: is there a will, is there a Lasting Power of Attorney, has the CPF been nominated?

This is a general explainer, not legal advice. We link to the official sources throughout. For anything beyond a simple estate, speak to a lawyer.

Will writing in Singapore: who can make a will

The Wills Act sets the ground rules for non-Muslims. MoneySense’s guide to what a will is summarises the two personal requirements: the person making the will, called the testator, must be at least 21 years old and of sound mind. (The Wills Act says a will made by anyone under 21 is not valid; MoneySense phrases it as over 21.)

Sound mind is the requirement that matters most for older parents. A will made by someone who no longer understands what they own, who their family is or what the document does may later be challenged. The Ministry of Law’s written answer on helping seniors with their wills repeats that the testator must be of sound mind when making it. This is the strongest reason to act while a parent is well.

Muslim families

The Intestate Succession Act does not apply to Muslims, whose estates are governed by Muslim law. A Muslim will, or wasiat, follows its own rules. According to MUIS’s page on the wasiat, it can give away at most one third of a person’s assets, only to people who would not already receive a share under faraid, and it needs two Muslim male witnesses aged at least 21. Muslim families should follow the MUIS guidance rather than the general rules below.

The formal requirements for a valid will

A will does not need to be long or written in legal language, but it does have to be made properly. Under the Wills Act and the official summaries, a valid will must be:

• In writing. A spoken wish, a voice note or a message to a family member is not a will.
• Signed at the end by the testator. The signature goes at the foot or end of the document.
• Signed in front of two witnesses at the same time. Both witnesses must be present together when the testator signs, and each must then sign in the testator’s presence.
• Witnessed by the right people. MoneySense states that witnesses must be over 21 and must not be beneficiaries or the spouses of beneficiaries.

The witness rule catches families out. Under the Wills Act, a gift to a witness or to a witness’s spouse is void, although the rest of the will still stands. So if a parent asks the son who is inheriting the flat to witness, he may lose his gift. Neighbours, friends or colleagues who receive nothing make safer witnesses.

How to write a will in Singapore, step by step

1. List the assets. Bank accounts, property, investments, insurance, vehicles and items of personal or family value. Note how property is held, because that affects whether the will governs it.
2. Choose the executor. The executor carries out the will. The Ministry of Law suggests appointing one or more executors who are willing and able to do the job, and a professional such as a lawyer can be appointed if needed.
3. Decide the beneficiaries and shares. Be specific about who receives what, and say what should happen if a beneficiary dies first. MoneySense lists this as one of the things a will should cover.
4. Name guardians if needed. A will can appoint a guardian for children under 21.
5. Sign and witness it correctly. Follow the requirements above, with both independent witnesses present together.
6. Store it safely and tell the executor where it is. A will nobody can find helps nobody.
7. Consider recording it with the Wills Registry. See the section below.

After a death, the executor generally needs a Grant of Probate from the court to deal with the estate. Where there is no will, the family applies instead for Letters of Administration.

What a will does not cover

Families are often surprised by how much passes outside a will. Three gaps are worth checking for any older parent.

CPF savings

CPF Board states that CPF savings do not form part of the estate and cannot be included in a will. They pass by nomination instead, or, without one, through the Public Trustee under the intestacy rules. Our guide to CPF nominations explains how to make one and what happens if a parent has not.

An HDB flat held as joint tenants

HDB flats are held either as joint tenants or as tenants-in-common (see HDB’s page on the manner of holding a flat). Under joint tenancy, the share of a deceased owner passes automatically to the surviving co-owners, whether or not a will was made. Under tenancy-in-common, the deceased owner’s share is distributed under their will or, if there is none, the Intestate Succession Act (or Muslim law, for Muslim owners). If your parents own their flat as joint tenants, a will leaving one parent’s share to the children will not change who gets it.

Decisions while your parent is still alive

A will only takes effect on death. It does not let anyone manage a parent’s money or make care decisions if they lose mental capacity. That is the job of a Lasting Power of Attorney, covered in our guide to the Lasting Power of Attorney in Singapore. Most families need both documents, plus a CPF nomination.

Registering with the Wills Registry

The Wills Registry is run by the Singapore Academy of Law, which took it over from the Public Trustee’s Office on 4 May 2020, according to the Ministry of Law’s announcement of the transfer. Deposits are made through wills.sal.sg.

Two points are often misunderstood. First, the registry’s core record is information about the will, such as that it exists, who prepared it and where the original is kept. The registry now also lets people deposit a digital copy through participating law firms, but the signed paper original is still what counts, so keep it safe. Second, depositing is optional, and a will is valid whether or not it is recorded. The value is practical: after a death, family members can search the registry and find the will. Fees depend on the service and the registry has run fee waivers, so check the current position on the registry site.

Writing it yourself or using a lawyer

Both routes are legitimate. MoneySense notes that you can write your own will and change it whenever you wish, while suggesting that you may want to speak to a lawyer to make sure it is valid. The Ministry of Law says seniors may write their own will, get a third party to help, or consult a lawyer, especially where the arrangements are complicated. The government’s MyLegacy portal at mylegacy.life.gov.sg has step-by-step guidance for those writing their own.

A simple estate going to a spouse and children in clear shares is often manageable without a lawyer, provided the formalities are followed exactly. A lawyer becomes more useful with blended families, a business, property overseas, a dependant with special needs, or any doubt about a parent’s mental capacity. For seniors with limited means, the Ministry of Law points to Pro Bono SG’s Community Law Centres and Community Legal Clinics, and to the Legal Aid Bureau for those who pass its means test.

When to review or remake a will

A will is not a one-off document. Two rules make reviews essential.

• Marriage cancels a will. MoneySense states that a will is nullified when you marry or remarry. A parent who remarries later in life needs a new will.
• A later will revokes an earlier one. Making a new will is the usual way to change things.

Beyond those rules, it is sensible to review a will after a divorce, the death of a beneficiary or executor, a birth in the family, or a major change in assets such as selling a flat.

Talking to your elderly parents about a will

The legal steps are simple. The conversation is often what stalls. A few approaches help.

• Start with your own planning. Mentioning that you have just made your own will or LPA makes it a shared task rather than a hint.
• Frame it as protecting the surviving parent. Many parents act when they see how intestacy or joint ownership would affect their spouse.
• Keep it their decision. Offer help with the process, not opinions on who should get what. Beneficiaries should stay out of the witnessing.
• Do not wait for a diagnosis. If you have noticed memory changes, our guide to early signs of dementia explains what to look out for, and it is worth acting sooner.

These conversations often happen alongside decisions about care at home. If you are weighing options, our guide on nursing homes versus a live-in caregiver may help.

Related guides: Home Caregiver Singapore: When an Elderly Parent Needs Help and Maid for Elderly Care Singapore: How Agencies Screen Helpers.

Frequently Asked Questions

What makes a will legally valid in Singapore?

A non-Muslim will must be made by someone aged 21 or above and of sound mind, be in writing, and be signed at the end by the testator in front of two witnesses present at the same time, who then sign it. Witnesses should be over 21 and must not be beneficiaries or the spouses of beneficiaries.

Can a beneficiary witness my will?

They should not. Under the Wills Act, a gift to a witness or a witness’s spouse is void, although the rest of the will remains valid. Ask two adults who receive nothing under the will, such as friends or neighbours, to witness it instead.

Do I have to register my will with the Wills Registry?

No. Recording a will with the Singapore Academy of Law’s Wills Registry is optional and does not affect validity. It records information about the will and where the original is kept, which helps the family find it later. Check the registry site for current fees.

Does my will cover my CPF savings and HDB flat?

Not CPF. CPF savings fall outside the estate and pass by CPF nomination. An HDB flat held as joint tenants passes automatically to the surviving co-owners whatever the will says, while a share held as tenants-in-common is distributed under the will.

Does getting married cancel my will?

Yes. MoneySense states that a will is nullified when you marry or remarry, so you need to make a new one after marriage. A later will also revokes an earlier one, which is the usual way to update your wishes.

Conclusion

Making a will is mostly a matter of getting a few formalities right: age, sound mind, writing, a signature and two independent witnesses present together. What trips families up is less the form than the gaps around it, such as CPF that a will cannot reach, a flat that passes by survivorship, and marriage silently cancelling an old will. Checking those alongside the will itself is what makes the plan work.

For older parents, timing is everything. A will needs a sound mind, so the best time is now, while your parent can make their own choices and explain them to the family.

Sorting out a parent’s affairs often goes hand in hand with planning the right support at home. You can get in touch with the Femme5 team to discuss your family’s needs, read more about how we work with employers, or explore what a good placement looks like.

The Femme5 Team
Maid placement specialists, Femme5 Maid Agency
Our consultants work with Singaporean and expatriate families on helper matching, contracts and MOM compliance, and we verify the regulatory guidance in our articles directly against the Ministry of Manpower’s published requirements.