A will and a Lasting Power of Attorney are two significantly important documents, and having them legally binding is crucial for ensuring your wishes are respected. A will ensures your assets are distributed according to your wishes when you pass away, while an LPA gives someone you trust the legal authority to act for you if you lose mental capacity.
Whether you want to create a will or apply for an LPA online or involve a lawyer, there is a legal procedure required to ensure these crucial documents are enforceable. Below are the steps to draft a legally binding will or Lasting Power of Attorney in Singapore and the legal requirements and steps involved.
Key Takeaways
- A legally binding will must be made in writing and signed in the presence of at least two witnesses who cannot be beneficiaries.
- Whether you choose to make a Lasting Power of Attorney online or in hard copy, you need to have it certified by an accredited certificate issuer and registered with the Office of the Public Guardian.
- Involving a lawyer in drafting or validating your will or a Lasting Power of Attorney can help avoid omissions, ensure your wishes are respected, and make these crucial documents legally binding.
What Is a Will?
A will is a legal document that sets out how you want your assets to be distributed after you pass away. In the absence of a will, your assets would be distributed according to the Interstate Succession Act, which may not reflect your actual wishes.
When you create a legally binding will, you can assign specific portions of your estate, including money, property and other belongings to particular individuals or organisations. By writing a will, you can also choose a guardian for your minor children, as well as appoint a person you trust to act as an executor to carry out your wishes.
A will takes effect only after you pass away. Until then, you remain in full control of your assets and can update or revoke your will at any time.
What Are the Requirements for a Legally Binding Will in Singapore?
When you write a will, you must observe the requirements of the Wills Act 1838 to make it legally binding. If you fail to meet any of those requirements, your will may be considered invalid by the court and your estate will be distributed as if no will existed.
Below are the requirements for a legally binding will in Singapore:
- Being at least 21 years old: If you are under this age, you cannot write a will in Singapore except when you are a soldier, airman, or mariner on active service.
- Having mental capacity: You need to understand the consequences of your actions and the nature of making a will.
- Writing your will voluntarily: When making your will, you need to write it voluntarily without being forced to do it by someone else.
- Having the will in writing: Similar to most countries, oral wills are not acceptable in Singapore.
- Having at least two witnesses: When writing your will, you need to have at least two witnesses present. The witnesses should not be beneficiaries and must also sign the will.
How to Write a Legally Binding Will in Singapore?
Writing a will can be done online at home or at a lawyer’s office. Whichever path you choose, you need to follow the next steps to help ensure your will is valid.
Step 1: Identify Your Assets and Beneficiaries
It is essential to identify all your assets, for example, your bank accounts, insurance policies, and personal belongings. You also need to identify the individuals you want to leave the assets to, which can include your family members, as well as friends and even charities.
Step 2: Ensure You Meet All Legal Requirements
Before drafting your will, you need to ensure that you meet all the legal requirements under the Wills Act as outlined in the previous section. You need to be at least 21 years of age unless exceptions apply, be of sound mind, and make your will voluntarily.
Step 3: Appoint an Executor
When you make your will, you need to appoint an executor, who is the person who will carry out your instructions outlined in the will after you pass away. You can choose someone you know or appoint a professional executor, such as a wills lawyer.
Step 4: Draft the Text of the Will
In Singapore, a legally binding will needs to be in writing and include your name, identification number, and address. It should also clearly identify your beneficiaries, an executor, and a guardian, if you have one.
Step 5: Sign and Witness the Will
After you draft your will, you need to sign it in the presence of two witnesses who must not be beneficiaries. In turn, the witnesses must also sign the will in your presence.
What Are the Costs of Drafting a Will in Singapore?
In Singapore, you can create a simple will for free without assistance using templates online. However, even if you write a simple will, it is advisable to have a legal consultation first to make sure you account for all the details and your individual circumstances.
If you engage an estate planning lawyer in Singapore to draft your will, you can make sure that it reflects all your wishes and is legally binding after you pass away. The will costs in Singapore depend on the law firm and the will’s complexity and can range from $200 to $400 for a simple will or more for more complex wills.
What Is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document where you can appoint someone referred to as a donee to make decisions on your behalf in case you become mentally incapacitated. Unlike a will, which takes effect after you pass away, a Lasting Power of Attorney is triggered when you lose mental capacity.
A loss of mental capacity is not always associated with old age and can happen because of an accident or illness. In such cases, a Lasting Power of Attorney authorises someone you trust to make decisions about your medical treatment, bills, property, finances, and other major matters.
What Are the Requirements for Writing a Legally Binding Lasting Power of Attorney?
The requirements for an LPA to be legally binding in Singapore are defined in the Mental Capacity Act 2008. These requirements include:
- Being at least 21 years old: You need to be at least 21 years old to make a Lasting Power of Attorney in Singapore.
- Having mental capacity: You can only make your LPA when you have full mental capacity.
- Appointing an eligible donee: The person you appoint in your LPA to act on your behalf, known as the donee, should be at least 21 years old and be registered with the Office of the Public Guardian.
- Using a prescribed form: Your Lasting Power of Attorney is an official document which must be made in the form approved by the Office of Public Guardian.
- Having the LPA certified and registered: Finally, your LPA needs to be certified by an approved certificate issuer, such as a lawyer or an accredited medical professional and be registered with the Office of the Public Guardian.
How to Write a Legally Binding Lasting Power of Attorney in Singapore?
Writing a legally binding Lasting Power of Attorney requires following a pre-defined legal procedure, which includes the following steps:
Step 1: Define the Scope of Donee’s Powers
When you make a Lasting Power of Attorney, you can define whether your donee will have the authority to handle your personal welfare, finances, or both.
Step 2: Choose Your Donee(s)
After you define the scope of powers you wish to include in the Lasting Power of Attorney, you can choose the person who will become your donee and handle your affairs in the unfortunate event that you become mentally incapacitated.
Step 3: Complete the LPA Form
You can complete the LPA form available online with the Office of the Public Guardian or make it in a hard copy. You have the option of using Form 1, granting general powers or Form 2, where you can customise the donee’s powers, which requires involving a lawyer.
Step 4: Certification and Registration
After you complete the LPA form, you need to have it approved by a certified certificate issuer, such as a lawyer or a medical professional. After certification, you will need to submit the LPA to the Office of the Public Guardian for registration.
What Are the Costs of a Lasting Power of Attorney in Singapore?
Starting from April 01, 2026, Singapore citizens can apply for a Lasting Power of Attorney using Form 1 free of charge. Non-Singapore citizens using Form 1 and everyone using Form 2 can enjoy reduced fees. At the same time, all applicants, regardless of their citizenship status, will have to pay a professional certification fee for witnessing and certifying the LPA to professional certificate issuers.
How a Lawyer Can Help You Draft a Legally Binding Will or an LPA?
Involving an estate planning lawyer in drafting your will can help ensure it accurately reflects your wishes, meets all legal requirements, and is legally valid when you pass away. A lawyer can help you customise your Lasting Power of Attorney according to your situation and certify your LPA to fulfil official requirements. If you are interested in professional assistance in drafting a legally binding will or a Lasting Power of Attorney, please don’t hesitate to contact IRB Law for a consultation.
FAQs
Do I need a lawyer to write a legally binding will in Singapore?
In Singapore, the law does not require you to have a lawyer to write your will. However, getting legal advice even for a simple will can help avoid mistakes or omissions and ensure your will is legally binding.
Can I write a legally binding will online in Singapore?
Yes, in Singapore, you can create a will online using available web platforms. However, after drafting your will online, you must have it in writing and signed in the presence of two witnesses who cannot be beneficiaries. Meanwhile, involving estate planning lawyers for legal advice and/or drafting your will can help avoid omissions and ensure your will is valid.
When does a Lasting Power of Attorney take effect in Singapore?
A Lasting Power of Attorney appoints someone known as a donee to act in your interests in case you become mentally incapacitated. After you draft an LPA, you need to have it certified by an accredited professional and registered with the Office of the Public Guardian. A certified and registered LPA comes into force upon your mental incapacity, which must be certified by a medical professional.
