Why is it not a good idea to use an online Will making platform to create a Will for someone else other than for yourself?<\/p>\n
Helping someone else to write a Will for him\/her can be risky. This is even more so if you are using an online Will making platform like EzWills to do so.<\/p>\n
In some circumstances we would say you really should NOT be trying to write or make a Will for someone else much less using an online Will making platform to do so.<\/p>\n
Many people know that you should not be a witness to a Will in which you are a beneficiary.<\/p>\n
Using an online will making website to create a Will for someone else in which you are named sole beneficiary is almost as bad an idea as witnessing a Will in which you are a beneficiary.<\/p>\n
In both occasions the obvious question is always \u2018Did you pressure the will maker to make that Will?\u2019.<\/p>\n
Any such Will you make is going to risk being challenged as having been made under undue influence.<\/p>\n
The exceptions may be where you are making a Will for your spouse. Also perhaps if you’re an only child making a Will for your parent.<\/p>\n
You must be careful if you are trying to create a Will for your parent using EzWills.<\/p>\n
A child helping a parent make a Will where everything is to divided equally between all the children isn’t likely to see any complaints.<\/p>\n
If the Will gives you a smaller share that\u2019s also not going to be a problem. However, if you’re getting a larger share than your siblings there could be problems.<\/p>\n
It also doesn\u2019t matter that your parent is telling you that this is what he\/she wants.<\/p>\n
So long as someone else is getting an unequal smaller share there is always a risk.<\/p>\n
You could be accused of undue influence in the preparation of the Will.<\/p>\n
If the Will that is being created gives you an unequal larger share than someone else who like you is a child of the will maker it\u2019s a bad idea to be involved in creating the Will.<\/p>\n
Even if your intention is pure and you are just carrying out the intentions of your parent being involved in the creation of such a Will can be risky.<\/p>\n
You do not want or need to be accused of having unduly influenced your parent in the making of their Will.<\/p>\n
Even if there is no allegation of undue influence a court can refuse to grant Probate. If it isn\u2019t satisfied that the will maker knew and approved of the contents of the Will a court may still refuse a Grant.<\/p>\n
This is especially so if the will maker does not understand English. It may also happen if the will maker is elderly.<\/p>\n
So even if there is no question of undue influence creating a will for someone else can be set aside.<\/p>\n
If you have been involved in the creation of a Will for someone else you can take steps to reduce the risk of the Will being disputed and set aside.<\/p>\n
Firstly, you arrange for the will maker to receive independent legal advice from a lawyer before signing the Will. Ideally have an independent lawyer witness the Will signing.<\/p>\n
Unless the will maker is provided with independent legal advice the will may be challenged and set aside.<\/p>\n
In case of doubt get a lawyer to draw up the Will. It’ll be much cheaper than the Will ending up in litigation. So be careful about writing or making a Will in Singapore without a lawyer when the Will is someone else’s Will.<\/p>\n
28 November 2020<\/p>\n","protected":false},"excerpt":{"rendered":"
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