After you make your will, you may experience one or more major life events, such as marriage, divorce, or starting a business, that change your circumstances. As your personal and financial situation evolves, you may need to update your will to keep it aligned with your wishes. Below, we discuss typical scenarios when it’s recommended to amend your will to reflect your changed life circumstances or to avoid confusion for your heirs.
Key Takeaways
- If you have a major life change after making a will, such as marriage, divorce or change of religion, you may need your previous will amended to reflect your new circumstances.
- You cannot update your will by simply crossing out words or adding sentences to your existing will.
- You can change your will in Singapore either by making an attachment known as a codicil or by creating a new will.
- When making a codicil, the same legal requirements as for a new will apply.
- While you may update your will on your own, engaging a lawyer can ensure your will modifications are legally sound and enforceable.
When to Amend Your Will
Marriage
When you marry someone in Singapore, your previous will is automatically revoked, except in rare cases where you mentioned your intention to marry when making it. Since your earlier will is no longer valid after marriage, you will need to make a new will to ensure your wishes are carried out.
Divorce
Unlike marriage, a divorce does not automatically revoke a will. If named as a beneficiary, your former spouse may still inherit your assets after you pass away, even when both of you become divorcees.
In addition, you may no longer own all the assets included in your will following a divorce. You may need to update your will to reflect your changed circumstances and avoid distributing your estate to unintended beneficiaries.
Birth of Children or Grandchildren
When new members of your family are born or adopted, you may want to include them as beneficiaries in your will. You can do so by making amendments to an existing will or by writing a new one to add your new heirs.
Death of an Executor or a Beneficiary
If your executor or any of the beneficiaries pass away, changing your will would help avoid confusion and add clarity to the probate process.
Acquisition or Sale of Assets
Likewise, when you purchase or dispose of any assets or properties included in your will, you may want to have it updated to keep the good order and avoid confusion. Similarly, starting a business makes you an owner or co-owner of the company, which means you may need to update your will to cover your share in ownership.
Change of Religion
Changing your religion may have a profound effect on many aspects of your life, including your assets. For example, if you convert to Islam, your estate will be distributed under Muslim inheritance law, known as Faraid, making your civil will no longer valid. If you want to distribute a share of your estate to your appointed beneficiaries, you will need to make a Muslim will, known as Wasiat.
Similarly, if you convert from Islam to another religion, it will affect the inheritance and any arrangements for your assets in your Muslim will. In this case, you will need to make a civil will according to the Wills Act to ensure the distribution of your assets according to your wishes.
How to Update Your Will
When you need to update your will in Singapore, you cannot simply cross out words or add sentences to the old one. In fact, making changes to your will in this way may completely invalidate it.
In Singapore, you can change your will either by making an additional document, known as a codicil, or by creating a new will.
Codicil
A codicil is an addition to your will, where you can modify or revoke it in whole or in part. You can have more than one codicil to your will to make several updates at different points of your life.
The advantage of the codicil is that you can keep your original will while updating it by creating additional documents. The disadvantage of the codicil is that it is only valid in connection with your original will, and it may also be lost or destroyed, invalidating the changes.
New Will
When you have a major change in your material or personal situation, making a new will could be the most reliable strategy. Creating a new will and destroying the previous one helps avoid confusion and delivers the peace of mind that the new document accurately reflects your wishes and your new circumstances.
Legal Requirements for Amending a Will in Singapore
The Wills Act sets the same legal requirements for updating your will through a codicil or by making a new will. You need to have it in writing and sign it in the presence of two witnesses who cannot be beneficiaries or their spouses, and who must also sign the document.
If you engage a law firm to help you with updating your will, the lawyers can be appointed as executors, trustees, or witnesses to your will signing.
How IRB Law Can Help Update Your Will
In Singapore, the law allows you to change your will yourself by making a codicil or writing a new will. Meanwhile, turning to a will lawyer to revise a will in Singapore can provide you with peace of mind that your modifications accurately reflect your new situation and intentions and stand the test of law.
When you turn to IRB Law for a will update, our will lawyers can:
- Advise you on your options, whether to make a codicil or a new will in your situation,
- Ensure a fully confidential and secure service,
- Draft the text of the updated will in accurate legal language,
- Ensure the amended will reflects your new circumstances and intentions,
- Provide will custody and safekeeping services upon request,
- Serve as executors, trustees or witnesses, if required.
Conclusion
Your will is a central part of your estate planning, and keeping it up-to-date helps to ensure that it’s aligned with your life circumstances at all times. While you can reflect minor changes in a will amendment known as a codicil, you may want to have a new will for major life events affecting your estate or relationships.
When you need to amend your will in Singapore, you can benefit by involving experienced will lawyers to help you reflect your intentions in clear legal language and ensure the validity of your will modifications. Please don’t hesitate to contact IRB Law will lawyers for efficient will modification service in Singapore at affordable fixed rates.
FAQs
Do I need a lawyer to change my will?
While you can make or change your will yourself, involving a lawyer helps to ensure that the will is drafted in clear legal language and all legal requirements are met. Please don’t hesitate to contact IRB Law’s will lawyers for legal support in making or changing your will in Singapore.
Can I change my will by crossing out certain portions or adding sentences to the existing will?
Changes to an existing will by crossing out or adding words can invalidate the entire document or part of it, and are not legally recognised. You can update your will by making an additional document, known as a codicil, or by creating a new will.
What are the formal requirements to change my will
The requirements for updating your will in Singapore are the same as for making a new one. You can update your existing will by creating a separate document, known as a codicil, specifying changes to the previous will, or by drafting a new will. In either case, you need to make the codicil or the new will in writing and sign it in the presence of two witnesses who are not beneficiaries or their spouses, and they must also sign the document.
