Key Framework Criteria & Principles
Formal Will Execution
Written + 2 WitnessesAn ordinary Will must be in writing, signed or acknowledged by the testator in the presence of at least 2 witnesses present at the same time, and the witnesses must subscribe it in the testator's presence.
Beneficiary as Witness
Gift Can Become VoidA beneficiary can technically witness a Will, but the beneficial gift to that witness or the witness's spouse is generally void under section 10 Wills Act; the rest of the Will can remain valid.
Probate vs Administration
Will vs No Valid WillA Grant of Probate recognises the executor named in a valid Will. Where there is no valid Will, a Grant of Letters of Administration generally appoints an administrator to administer the estate.
CPF Outside the Estate
Separate NominationCPF savings do not form part of the deceased member's estate and cannot be distributed by a Will. A valid CPF nomination controls nominated CPF savings; otherwise the CPF Board transfers them to the Public Trustee for statutory distribution.
Muslim Inheritance
Faraid + Inheritance CertificateMuslim inheritance shares are determined according to Muslim law. The Syariah Court can issue an Inheritance Certificate identifying the faraid beneficiaries and their respective shares.
LPA and Mental Capacity
Lifetime Incapacity ToolA Lasting Power of Attorney operates while the donor is alive and enables donees to act in specified personal-welfare and/or property-and-affairs matters if the donor lacks mental capacity.
How to Make a Valid Will in Singapore
Requirements
- The Will must be in writing.
- The testator must sign at the foot or end of the Will, or otherwise execute it in accordance with section 6.
- The testator must sign or acknowledge the signature as the Will in the presence of at least 2 witnesses who are present at the same time.
- The 2 witnesses must then subscribe the Will in the presence of the testator.
- The ordinary statutory formalities must be followed carefully.
Age
Under section 4 of the Wills Act, an infant's Will is invalid. The ordinary civilian rule is that a person must be at least 21 to make a Will, subject to the limited statutory exceptions.
Witness Age
A witness should be legally capable of witnessing the Will. A beneficiary should preferably not act as a witness because section 10 can invalidate the beneficial gift to that witness or the witness's spouse.
Validity Point
The Will does not need to be registered or deposited with a government body to be valid. The SAL Wills Registry is optional and records only information about the Will's existence and location.
Can a Beneficiary Witness a Will?
Rule
Section 10 does not simply invalidate the entire Will because a beneficiary witnesses it.
Effect
Where a person who attests the Will, or that person's spouse, is given a beneficial devise, legacy, estate, interest, gift or appointment under the Will, that benefit is generally void to the extent specified by section 10.
Witness Status
The witness remains competent to prove the execution or validity of the Will.
Best Practice
Use two independent witnesses who are not beneficiaries and are not spouses of beneficiaries to avoid uncertainty.
SAL Wills Registry
Purpose
The Wills Registry is a confidential service managed by the Singapore Academy of Law that records information about the existence and location of a person's Will.
Does Not Store Will
SAL does not store the physical or digital Will itself. The registry records key information needed to help locate the Will.
Voluntary
Registration is voluntary.
Access
Access is restricted to authorised persons according to the Registry's rules.
After Death
Executors, beneficiaries or other authorised persons can search the Registry after the testator's death to determine whether Will information was deposited.
Important
A Wills Registry record is not a substitute for keeping the original Will safely.
Grant of Probate vs Letters of Administration
Probate
When
The deceased left a valid Will.
Applicant
The executor named in the Will.
Result
The Grant of Probate legally recognises the executor as the person authorised to administer the deceased's estate.
Administration
When
The deceased did not leave a valid Will.
Applicant
Depending on the circumstances, beneficiaries or another appropriate person may apply.
Result
The Grant of Letters of Administration legally recognises the administrator who will administer and distribute the estate.
Important
A Will does not automatically give the executor authority to collect all estate assets. A court grant may be required unless the asset or estate falls within an exception.
Small Estate
Where the estate does not exceed S$50,000 and the statutory criteria are met, the Public Trustee may be able to administer the estate without a conventional court grant.
Assets No Grant
- Certain CPF savings
- Certain nominated insurance policies
- Certain joint-tenancy immovable property
- Certain joint bank accounts that satisfy the institution's release requirements
What Happens Without a Valid Will?
Rule
For a non-Muslim estate, the Intestate Succession Act sets out the statutory distribution rules when the deceased dies intestate.
Common Scenarios
Not Universal
The precise distribution depends on which relatives survive. A simplified spouse-and-children formula should not be treated as the complete intestacy schedule.
Muslim Exception
The Intestate Succession Act does not determine the distribution of a Muslim estate where the estate is to be distributed according to Muslim law.
Muslim Estates and Faraid
Framework
A Muslim estate is distributed according to Muslim law rather than the ordinary Intestate Succession Act schedule.
Inheritance Certificate
The Syariah Court may issue an Inheritance Certificate stating which persons are entitled to shares under faraid and the shares to which they are respectively entitled.
Purpose
The Inheritance Certificate facilitates estate distribution and may be required for a Public Trustee process or a Grant of Letters of Administration or Probate at the Family Justice Courts.
Application
Applications are made through the Syariah Court's online inheritance service, with the required death certificate, identification, relationship documents and beneficiary information.
Fee
The current application fee published by the Syariah Court is S$34.
Important
The Syariah Court does not determine every factual dispute about the estate through the Inheritance Certificate process. The certificate is issued based on the facts supplied and identifies the faraid beneficiaries and their shares.
CPF Nominations and Estate Planning
Rule
CPF savings do not form part of the deceased member's estate and cannot be distributed by a Will.
With Nomination
With a valid CPF nomination, covered CPF savings are distributed to the nominated beneficiaries according to the stated proportions.
Without Nomination
Without a valid nomination, CPF savings are transferred to the Public Trustee's Office for distribution to family members under the applicable intestacy laws or Muslim inheritance rules.
Not Covered
- Properties bought using CPF savings
- Dependants' Protection Scheme payout
- CPF Investment Scheme investments
Witnesses
A CPF nomination requires 2 witnesses who attest that the nomination was made willingly and consciously. A nominee or organisation cannot act as a witness.
Review
A CPF nomination should be reviewed after major life events such as marriage, divorce, childbirth or death of a nominee. CPF Board states that marriage revokes an existing CPF nomination, subject to the applicable rules.
Important
A CPF nomination and a Will perform different functions. Making a Will does not replace making a CPF nomination.
Lasting Power of Attorney
Purpose
An LPA allows a donor to appoint donees to make decisions on the donor's behalf if the donor loses mental capacity.
Not Death Document
An LPA is not a Will and does not control the distribution of assets after death. It is a lifetime incapacity-planning document.
Form1
LPA Form 1 is for general powers with basic restrictions and can appoint up to 2 donees and up to 1 replacement donee.
Form2
LPA Form 2 is for more than 2 donees, more than 1 replacement donee, or specific and customised powers. It must be drafted by a Singapore lawyer.
Powers
- Personal welfare
- Property and affairs
- Both personal welfare and property and affairs
Donor Eligibility
A donor must be at least 21 years old, have mental capacity to make the LPA and, if granting property-and-affairs powers, must not be an undischarged bankrupt.
Registration
The current process uses Office of the Public Guardian Online (OPGO). Donees accept the appointment, the donor attends a Certificate Issuer for certification and signing, and the Certificate Issuer submits the LPA for registration.
2026 Fees
From 1 April 2026, Form 1 applications are free for Singapore Citizens. Current published Form 1/Form 2 application fees are S$30 for Permanent Residents and S$160 for foreigners; professional certification fees are separate.
Typical Estate Administration Sequence
Steps
Locate the Will and Identify Assets
Step 1Search the SAL Wills Registry where appropriate, locate the original Will and compile the deceased's bank, property, investment, insurance and other asset information.
Separate Non-Estate Assets
Step 2Identify CPF savings, jointly held assets, nominated insurance and other assets that may pass outside the estate.
Determine Probate or Administration Route
Step 3Use a Grant of Probate where there is a valid Will naming the applicant as executor, or consider the appropriate Letters of Administration route where there is no valid Will.
File the Court Application
Step 4Submit the required originating application and Schedule of Assets through the current Family Justice Courts filing process or the applicable Probate eService.
Obtain the Grant
Step 5After the court approves the application and supporting documents, the court issues the electronic Grant of Probate or Letters of Administration.
Collect Assets and Pay Liabilities
Step 6Use the grant where required to deal with banks, securities, property and other estate assets, while settling the deceased's debts and administration expenses.
Distribute the Net Estate
Step 7Distribute the remaining estate according to the Will or applicable intestacy/inheritance rules.
Current Filing
The Family Justice Courts now use Originating Applications and the 2024 probate rules for current filings. A supporting affidavit and Schedule of Assets must be filed according to the current procedural timetable.
Assets That May Pass Outside the Estate
Examples
- CPF savings covered by a CPF nomination
- Certain nominated insurance policies
- Certain immovable property held in joint tenancy
- Certain joint bank accounts
Joint Tenancy
A jointly owned property may pass automatically to the surviving joint tenant, depending on the manner of holding and applicable law. A tenancy-in-common share ordinarily forms part of the deceased's estate.
Insurance
Some insurance policies with valid nominations can pass directly to nominated beneficiaries, while other policies form part of the estate.
Important
Asset ownership and nomination terms must be checked individually. A Will does not automatically control every asset owned by the deceased.
Required Document Checklist
Common Mistakes & Legal Misconceptions
Frequently Asked Questions (FAQ)
Official Government Sources & Statutory Verification
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