Making a Will in Singapore during a pandemic could become trickier with new COVID restrictions announced by the government. As unknown community transmission cases increase the chances of a new Circuit Breaker being announced becomes greater.<\/p>\n
During the last CB the government did allow various exemptions.<\/p>\n
It was widely believed that you could continue to make a Will even during CB. Is that view correct?<\/p>\n
During the last CB the Govt announced the following:<\/p>\n
\u201cUrgent and essential Wills and Probate related services (for example the drafting of wills and execution of lasting powers of attorney for the vulnerable) required within the period 7 April 2020 to 4 May 2020 (both dates inclusive), for which no deferment may be made\u201d.<\/p>\n
There appears to be a qualification that applies BEFORE making a Will can be said to be \u201cessential\u201d. The qualification is that the Wil must be one \u201cfor which no deferment may be made\u201d.<\/p>\n
When is a Will one that cannot be deferred?<\/p>\n
If the will maker is gravely and terminally ill there can be no argument. However, can you say the Will cannot be deferred if a person tests positive for COVID-19?<\/p>\n
If a COVID-19 patient can be asymptomatic is such a person able to argue that for him writing a Will cannot be deferred?<\/p>\n
The answer may be irrelevant. Anyone who isn\u2019t terminally ill cannot really say that his Will cannot be deferred, can they?<\/p>\n
If the ability to defer the will making is the sole determining factor does that mean that anyone writing a Will during a CB other than a terminally ill person is doing something essential?<\/p>\n
Assuming we don\u2019t care about the niceties and just wish to make a Will regardless. Why should a CB stop you making a Will then?<\/p>\n
Well, for a Will to be valid it must be signed by the will maker. The signing must occur in the presence of at least 2 other persons.<\/p>\n
So at least 3 persons must be at the same place at the same time.<\/p>\n
During a CB you are not allowed to be present with 2 other persons unless an essential service is being provided.<\/p>\n
So other than a terminally ill person it may not be possible for anyone else to write a Will if a CB is announced.<\/p>\n
So please consider making a Will sooner rather than later. Just in case of a CB.<\/p>\n
When this post was added to our blog on 11 May 2021 you could be in a group of 5 persons. It has now been announced that from 16 May group size is reduced from 5 to 2.<\/p>\n