Should You Make A Will?

write will

A will is a legally enforceable declaration of how a person wishes his/her assets to be distributed after death. In a will, a person can also recommend a guardian for his/her children. A well-constructed will ensures that your wishes are carried out, and it can make things simpler and easier for your heirs.

When a person (non-Muslim) dies without leaving a will, he is said to have died intestate. Sometimes, even if a person has a will (died testate), the will may not be properly drafted and certain assets are left out of the will. These remaining assets (net-estate) will fall into intestacy.

Intestate Succession Act (Chapter 146), the mother of all estate planning laws in Singapore, applies in these situations. According to the law, regardless what the deceased may have wished, the net-estate will be distributed as below:

Who survives the deceased:

Assets distributed to:

Spouse (No issue or parents)

Spouse – 100%

Spouse & issue

Spouse – 50%

Issue – 50% in equal portions

Issue  (No spouse)

Issue – 100% in equal portions

Spouse & parents (No issue)

Spouse – 50%

Parents – 50% in equal portions

Parents (No spouse or issue)

Parents – 100% in equal portions

Siblings (No spouse, issue or parents)

Siblings – 100% in equal portions

Grandparents (No spouse, issue, parents or siblings)

Grandparents – 100% in equal portions

Uncles & aunts (No spouse, issue, parents, siblings, children of siblings or grandparents)

Uncles & aunts – 100% in equal portions

None of the above

Government – 100%

 

Even if the consequences may seem unfair and undesirable, if you do not have a will, the law decides how your assets are distributed. There are many cases where family members and relatives have fallen out over the distribution of the deceased’s assets. Your hard-earned money may not be given to people whom you truly care for and are in need of money. Worst, it may end up with someone whom you dislike. Creating a valid and up-to-date will is of great importance in estate planning.