- The will-maker must be 21 or over, mentally capable and acting freely.
- Two witnesses must be present together when the will is signed.
- A beneficiary, or a beneficiary's spouse, should never be a witness.
- Marriage cancels an earlier will unless it was made with that marriage in mind.
Who can make a will
The person making the will, the 'testator', must be at least 21 and of sound mind, and must be making their own choices without pressure from anyone else. In practice, sound mind means understanding that they are making a will, having a broad idea of what they own, and appreciating who might expect to benefit.
The signing itself
The formal steps are short but strict:
- The will must be in writing. A handwritten will can be valid if it meets the other requirements.
- The testator signs at the end of the document. If they cannot physically sign, another person may sign for them, in their presence and at their direction.
- The testator signs, or acknowledges their signature, in front of two witnesses who are both there at the same time.
- Each witness then signs in the testator's presence.
Recording the full date, and a short statement that the will was signed in front of the witnesses, helps show later that these steps were followed.
Choosing witnesses
Witnesses should be independent adults of sound mind. A beneficiary, or the spouse of a beneficiary, should not witness the will. Doing so does not usually invalidate the whole will, but the gift to that witness is likely to fail. A lawyer and a colleague, or hospital staff where permitted, are common choices.
When the will-maker is elderly or unwell
Wills made in hospital or late in life are valid if the same rules are met, but they are challenged more often. A written assessment of capacity by a doctor at the time is strong evidence. Instructions should come from the testator alone, beneficiaries should stay out of the room, and the will should be read over to the testator with a note that they understood it.
After signing
Keep the original somewhere safe and tell your executor where it is. Recording details of the will with the Wills Registry is optional and has no effect on validity.
A signed will should not be altered by hand: crossings-out and additions can invalidate it. Changes are made by a separate signed document called a codicil, or by a new will.
Marriage revokes an existing will unless the will states it was made in anticipation of that marriage. Divorce does not revoke a will, so review it after either event.
Do you need a lawyer?
No law requires one. Professional drafting tends to matter more where assets are substantial, ownership is shared or overseas, or the family is complex, because those are the wills most often questioned later.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with us.
All wills, probate & estates guides
