Single Parents - Make a Will

Parenting is really hard, and most single parents are often too busy to think about the future of their child in the event of their death. Single parents either find that they have no time, are too young, have no assets, or just assume that the Singapore government will take care of their child.

Sorry to burst your bubble, but if you are a single parent, and if you don’t already have a Will, you are doing it wrong!

A Will is a legal document that highlights how you want your assets to be distributed in the event of your passing. Making a Will empowers single parents to safeguard their children’s future by ensuring their wishes are carried out and their children are provided for, even in the event of divorce in Singapore.

Depending on if you are a single parent because you just didn’t get married, or, if you’re a single parent because you got divorced, there are differences.

We’ll go through both here to be thorough.

If you are an unmarried single parent

Being a single parent is not easy. You find that you have less time as you are not only caring for your child, but ensuring that you have sufficient funds to care for your child.

According to the law, your child is considered an illegitimate child - since he/she is born outside of a marriage. That is, you are unmarried to the child’s other parent. The main concern here is that your child may lose out on his/her inheritance.

Why?

When you pass away without a Will, your estate will be distributed in accordance to the law under intestacy rules.

For the purpose of distribution, intestacy rules do not recognise illegitimate children as being beneficiaries. So passing on without a Will affects your child’s ability to inherit any parent’s assets nor are they allowed to claim any maintenance from their parents’ estate.

Scenario 1:

_You and your boyfriend have a child together. However, both of you have decided not to get married. Unfortunately, you have passed away without making a Will. Will your child inherit from your estate? _

The answer is maybe.

As the mother, your illegitimate child may only inherit from your estate if you do not have any legitimate children.

Scenario 2:

Your boyfriend has passed away without a Will. Will your child inherit from his estate?

The answer is no.

Being an illegitimate child, your child will not inherit anything from the father’s estate.

The law and government policy currently favors family nucleus, so your child is last in line for inheritance according to the intestacy rules here.

Want to know more about the Intestate Succession Act and the rules for distribution under intestacy laws? We discuss all of it in our Probate or Letters of Administration - A “What Do I Do” Guide article [Infographic included].

So what can you do to prevent this?

• You can get married to biological father

  If you have an illegitimate child but then subsequently get married to the biological parent, your child will then become legitimised.

• You can adopt

  For adoption cases, whether you are a single parent or not, you can adopt your child in your sole name, marriage is not required here.

• You can draft a Will

  In light of inheritance laws, drafting a Will is advisable for parents with an illegitimate child, as all your wishes will be set out and taken into effect should anything happen to you.

  With a Will, all parents, especially single parents with illegitimate children, will be rest assured that their estate will be distributed in accordance with wishes.

  This provides peace of mind that your child, be it illegitimate or not, will be taken care of and can also benefit from an inheritance from your estate, securing your child’s future.

Click here to read our article on “Having a child without being married - how does it affect my child and me?” where we explore the rights that you and your child will continue to benefit from if you’re an unmarried single parent.

If you’re a divorced Single Parent

Going through a divorce is never easy. An outcome may be that you and your ex-spouse are no longer on good terms. In fact, you may dislike your ex-spouse and you do not want him or her to have custody of your child.

Imagine this scenario.

You are in an abusive relationship with your husband. You could not take it anymore and decided to divorce him. After your divorce, your relationship with him is non-existent and you try to keep your child away from him.

Unfortunately, you passed away in a horrific accident without a Will. What happens to your child?_

Your ex-husband, being the surviving parent, will be the sole guardian of your child. You will have no say in this because you are dead.

So what can you do to prevent this?

Make a Will.

As the surviving parent automatically becomes the sole guardian of your child in the absence of a Will, this means your child’s future may be solely determined by decisions made by your surviving spouse. But what if you want to ensure your child’s well-being even after you’re gone?

By drafting a Will, you have the power to appoint a testamentary guardian who will act in your child’s best interests. This guardian doesn’t have to be a family member; instead, it should be someone you trust implicitly to care for your child, especially if they are below 21 years of age at the time of your passing.

Additionally, by creating a Will, a legal document, you can also name beneficiaries of the Will and any other instructions you want to leave, think of it as a “wish list” attached to the Will. To ensure that your Will is valid and legal, it must be signed and witnessed by two adults who are not beneficiaries of the Will. It is important to carefully consider who you choose as your executor and trustee, as they will be responsible for carrying out your wishes and distributing your assets according to your last Will.

With a testamentary guardian appointed through your Will, you provide a safety net for your child’s future. This guardian will work alongside your surviving spouse, if applicable, ensuring your child’s welfare remains a top priority. Should your testamentary guardian observe any signs of abuse or neglect from your former spouse, they can step in to protect your child’s rights and ensure they have a safe place to live. By appointing a guardian in your Will, you can be rest assured that your former spouse, as well as any alternative legal guardians listed, will always be kept in check.

In times of loss, planning for the future becomes even more crucial. By making a Will, you can rest assured that your child will be cared for according to your wishes, even in your absence.

For more information about testamentary guardianship, read our article here as we cover every aspect of this important decision.

Conclusion

Regardless of your marital status, whether unmarried or divorced, having a Will is crucial for single parents. While some may perceive creating a Will as unnecessary or time-consuming, it is an essential step in protecting your child’s future. With advancements in technology, drafting a Will has become more accessible and quicker than ever before.

Frequently Asked Questions

Why is it important for single parents to have a Will?

It is crucial for single parents to have a Will as it ensures that their children will be cared for according to their wishes in the event of their passing. A Will allows single parents to designate a guardian, specify how assets will be distributed, and provide for the financial security of their children.

What are the key considerations when making a Will as a single parent?

Key considerations when making a Will as a single parent include appointing a guardian for your children, specifying how you want your assets to be distributed to provide for their care, and ensuring that any trusts or provisions are in place to protect their inheritance until they reach a certain age.

What happens if you don't make a Will - who gets custody of your child?

If you don't make a Will as a single parent, the custody of your child will be given to the surviving parent. Absent of any surviving parent, the Court will determine who will look after your child. They will consider the best interests of the child and may appoint a guardian, which may not align with your wishes. Making a Will ensures that you have a say in who will care for your child.

Will your child receive an inheritance from divorced parents?

Without a Will, your child will receive an inheritance under intestacy rules. A child from a divorced family will always be considered a legitimate child. However, it is always advisable to have a Will in order to ensure that your estate is distributed in accordance to your wishes.