A Guide for Foreigners and PRs: Writing a Will in Singapore

Writing a Will is a crucial step in ensuring that your assets are distributed according to your wishes after your death. For foreigners and Permanent Residents (PRs) living in Singapore, this process can be particularly complex due to differing inheritance laws and the need to consider assets in multiple jurisdictions. This guide aims to simplify the process and highlight the key considerations for expatriates and PRs.

Why Foreigners and PRs Need a Will in Singapore

Without a Will, your assets may be distributed according to the intestacy laws of Singapore, which might not align with your preferences. Having a Will ensures that your assets, including overseas assets such as bank accounts, are distributed to your chosen beneficiaries, providing peace of mind and reducing potential conflicts among surviving family members in whatever jurisdiction.

Additionally, any overseas movable property mentioned in the Will would be subject to the laws of the jurisdiction where you are domiciled, and may require resealing of probate if assets are located in different jurisdictions.

Legal Framework for Wills in Singapore

Singapore’s legal framework for Wills is primarily governed by the Wills Act. This Act allows any person, including foreigners, to devise, bequeath, or dispose of their real and personal estate through a Will, provided it is executed in accordance with the Act’s requirements. The Singapore court plays a crucial role in administering Wills, ensuring that they are executed according to the testator’s wishes and in compliance with legal standards.

Challenges Faced by Foreigners in Singapore

Foreigners often face complexities due to international inheritance laws. Conflicts can arise between Singaporean laws and those of the foreigner’s home country, particularly regarding property ownership and tax implications.

For example,

A Will made in Singapore may not be automatically recognised in another country, necessitating additional legal steps such as resealing of a Grant of Probate. Common issues include differing legal requirements for Will validity and potential forced heirship rules in civil law jurisdictions.

Resealing a grant of probate obtained in a foreign country, whether within or outside the Commonwealth, may be required to ensure the Will is legally effective in Singapore.

Key Considerations for Foreigners and PRs

When writing a Will in Singapore, there are several important factors that foreigners and Permanent Residents (PRs) need to consider to ensure their Will is valid and effective. These considerations include:

1. Legal Requirements for a Valid Will
2. Types of Assets
3. Jurisdictional Issues
4. Tax Implications
5. Family and Beneficiaries

Below, we delve into each of these key areas to provide a clearer understanding.

1. Legal Requirements for a Valid Will in Singapore

• Age and Mental Capacity

  The testator must be at least 21 years old and of sound mind, meaning they are preparing the Will out of their own accord without any coercion.

• Witness Requirements

  The Will must be signed by the testator in the presence of at least two witnesses who are not beneficiaries or spouses of beneficiaries.

2. Types of Assets

• Movable vs. Immovable Assets

  When determining the distribution of assets according to Singapore law, the type of asset makes a difference.

• For movable assets such as cash and shares, the distribution is based on the laws of the country where you were domiciled (your permanent home).

• For immovable assets like real estate, the distribution is based on the laws of the country where the property is located.

For example,

If you are a UK citizen domiciled in the UK but living in Singapore, your cash and shares (movable assets) will be distributed according to UK law. However, if you own a property in Singapore (an immovable asset), the distribution of that property will be governed by Singapore law.

• CPF Monies

  Central Provident Fund (CPF) monies cannot be included in a Will. Instead, you must make a CPF nomination to distribute these funds.

  For more information on CPF nomination in Wills, please refer to our article here.

3. Jurisdictional Issues

• Recognition of Singapore Wills Abroad

  A Will made in Singapore may not automatically be recognised in other countries. It’s essential to understand the inheritance laws of the countries where your assets are located and consider creating separate Wills for different jurisdictions if necessary.

• Resealing a Grant of Probate

  When your Will includes assets in another jurisdiction (i.e. country), that jurisdiction must “reseal” or give legal recognition to the probate granted in Singapore.

  Resealing is applied for when a Grant of Probate or Letters of Administration is obtained overseas, but the deceased’s assets to be administered are within Singapore. This application can only be filed and heard in the High Court.

  This is typically easier in Commonwealth countries, such as (to name a few) - Australia, Canada, India, New Zealand, United Kingdom, South Africa, and Malaysia.

  For example,

  Suppose you have a house in Australia and you have obtained a Grant of Probate in Singapore. For the Australian authorities to recognise the Singapore Grant of Probate and allow the house in Australia to be transferred according to your Will, they need to “reseal” the Grant of Probate.

  This means the Australian court officially accepts the Singapore Grant of Probate as valid in Australia, allowing the executor to manage and distribute the property as specified in your Will.

  It might be worthwhile to note that countries such as Indonesia and Thailand do not recognise a Singapore Will, meaning the probate process in these countries may not accept the Singapore Will as valid, and local inheritance laws will apply instead.

  For more information on the Probate Process in Singapore, read our article here.

4. Tax Implications

• Inheritance Tax Considerations

  While Singapore does not impose inheritance tax on Singapore assets, other countries where you hold assets might. For example, the UK imposes inheritance tax on worldwide assets for UK-domiciled individuals.

• Cross-Border Tax Liabilities

  Ensure that your Will addresses potential tax liabilities in different jurisdictions to avoid unexpected financial burdens on your beneficiaries.

5. Family and Beneficiaries

• Guardianship for Minor Children

  If you have minor children, your Will should appoint testamentary guardian(s) to care for them in the event of your death.

• Spousal Rights and Entitlements

  Understand the rights of your spouse under both Singaporean law and the laws of your home country to ensure your Will is compliant and fair.

Common Mistakes to Avoid When Making a Will

• Not Updating the Will

  Major life events such as marriage, divorce, or the birth of a child should prompt an update to your Will. Remember, marriage generally revokes a Will unless it explicitly states otherwise.

• Incorrect Beneficiaries and Witnesses

  Ensure that your witnesses are not beneficiaries to avoid conflicts of interest and potential invalidation of the Will.

• Overlooking Foreign Assets

  Include all your assets, both in Singapore and abroad, and understand the legal implications in each jurisdiction.

Managing Multiple Wills for International Assets

Single Will vs. Multiple Wills

When you have assets in multiple countries, you have two main options: creating a single Will that covers all your assets or creating separate Wills for each jurisdiction.

• Single Will

  A single Will consolidates the management of your assets, with one executor and one set of instructions. However, this can extend the probate process as your estate will be settled sequentially in each country where you have property. Conflict in inheritance laws may also arise.

• Multiple Wills

  Creating separate Wills for each jurisdiction can expedite the probate process, as each Will can be probated concurrently in its respective country. This approach is beneficial if you have a complex estate with significant assets in multiple countries.

• How to Avoid Conflicts Between Multiple Wills?

  To avoid conflicts between Wills in different countries, ensure that each Will explicitly states that it only applies to assets in that specific jurisdiction. This prevents one Will from inadvertently revoking another.

• What are the Legal Requirements for Valid Wills in Multiple Jurisdictions?

  Each jurisdiction has its own legal requirements for a Will to be valid. It is crucial to consult with legal experts in each country to ensure that your Wills comply with local laws and are recognised as valid.

Countries That May Not Recognise Singapore Wills:

As mentioned above, some jurisdictions, particularly those that do not follow common law, may not recognise a Singapore Will.

For example,

Civil law countries like Indonesia and Thailand may have forced heirship rules that conflict with the terms of your Singapore Will.

For more information on steps to writing a Will in Singapore, refer to our other article here.

Scenarios and Examples

• Example 1: An expatriate with assets in Singapore, the UK, and Australia (Commonwealth jurisdictions) should consider creating separate Wills for each country to ensure smooth probate processes.

Why?

If a foreign Grant of probate is obtained, resealing Grant of probate in Singapore is needed to legally recognise it and allow the executor to administer the deceased’s assets in Singapore.

The process for “resealing” does not primarily depend on whether the original grant is from a Commonwealth or non-Commonwealth country. Rather, it hinges on whether the Will conforms to Singapore’s legal requirements for a valid Will. The timeframe for resealing may differ based on the specific country’s laws and procedures regarding the recognition of foreign Wills and Grants of probate.

• Example 2: A foreigner married to a Singaporean with children should update their Will to reflect their current family situation and ensure guardianship provisions are included.

Why?

Updating the Will is crucial to reflect the current family situation, especially when there are children involved. This ensures that guardianship provisions are clearly stated, providing legal clarity on who will take care of the children in the event of the testator’s death. It also helps in addressing any changes in asset distribution that may arise due to the marriage and the presence of children, ensuring that the spouse and children are adequately provided for.

• Example 3: A single foreigner with significant investments in Singapore should appoint a reliable executor and ensure all assets are clearly listed in the Will.

Why?

Appointing a reliable executor is essential for the smooth administration of the estate, especially when significant investments are involved. A detailed listing of all assets in the Will ensures that nothing is overlooked and that the executor can efficiently manage and distribute the assets according to the testator’s wishes. This is particularly important for single individuals, as there may be no immediate family members to oversee the process, making the role of the executor even more critical.

How Guardian Law Can Help

At Guardian Law, we specialise in helping expatriates and PRs navigate the complexities of writing a Will in Singapore. Our experienced lawyers provide personalised advice to ensure your Will is legally sound and reflects your wishes, and we can assist with matters involving the High Court (Family Division) to ensure all legal requirements are met. Contact us today to schedule a consultation and secure your peace of mind.

Conclusion

Writing a Will is an essential step for anyone, especially for foreigners and PRs living in Singapore with assets in multiple jurisdictions. By understanding the local laws and seeking professional advice, you can ensure that your assets are distributed according to your wishes. Contact Guardian Law to get started on your Will today.

Need Help?

Are you a foreigner or Permanent Resident looking to draft a Will in Singapore? Our team at GuardianLaw is here to assist you. Feel free to reach out to us through any of the following channels:

Contact us here or Whatsapp us and we will get back to you within 1 working day.

We are here to help!

Frequently Asked Questions

Can a foreigner draft a Will in Singapore?

Yes, a foreigner can draft a Will in Singapore. The Will can cover both Singapore and overseas assets, but it is advisable to consult with legal experts in each jurisdiction where you hold assets to ensure the Will is recognised and valid.

Do I need to be physically present in Singapore to create a Singapore Will?

Yes. For a Will to be valid in accordance with Singapore law, it must be executed in Singapore.

Do I need multiple Wills if I have assets in multiple countries?

It depends on your specific situation. While a single Will can cover all your assets, creating separate Wills for each jurisdiction can expedite the probate process and avoid potential legal conflicts. Each Will should explicitly state that it only applies to assets in that specific jurisdiction.

How can I avoid conflicts between Wills in different countries?

To avoid conflicts, ensure that each Will explicitly state that it only applies to assets in that specific jurisdiction. This prevents one Will from inadvertently revoking another. Consulting with legal experts in each country is also crucial.

What are the legal requirements for a Will to be valid in multiple jurisdictions?

Each jurisdiction has its own legal requirements for a Will to be valid. It is essential to consult with legal experts in each country to ensure that your Wills comply with local laws and are recognised as valid.

Which countries may not recognise a Singapore Will?

Some civil law jurisdictions, such as Indonesia and Thailand, may not recognise a Singapore Will due to forced heirship rules that conflict with the terms of the Will. It is advisable to consult with legal experts in these countries.

What is the process of resealing a Grant of Probate?

Resealing probate is the process of obtaining legal recognition for a probate granted in one jurisdiction in another jurisdiction. This is typically required when your Will includes assets in another country. The process is generally easier in Commonwealth countries.

Can I include overseas assets in my Singapore Will?

Yes, it is common for testators to include overseas assets in their Singapore Will. However, this does not necessarily mean that the foreign jurisdiction Will automatically recognise Singapore Will. It is advisable to consult with legal experts in each jurisdiction where you hold assets.

I’m a foreigner, do I need a lawyer to write a Will in Singapore?

While it is not legally required to have a lawyer draft your Will, consulting with a professional can help ensure that your Will is legally sound and comprehensive. A lawyer can also help you navigate complex issues related to international assets and multiple jurisdictions.

What happens if I’m a foreigner and I die without a Will in Singapore?

If you die without a Will, your assets Will be distributed according to the intestacy laws of Singapore. This may not align with your wishes, and certain family members in your home country may not receive any inheritance. Having a Will ensures that your assets are distributed according to your preferences.