Frequently Asked Questions

How to write a Will?

For a Will to be valid it must be in writing and it must be signed by you before at least two witnesses. Your witnesses must both be at least 21 years old. Both your witnesses and their spouses cannot be named as beneficiaries in your Will (any gift to a witness will fail).

You will need to make a statement that the written document is intended to be your Will e.g. “I DECLARE this to be my LAST WILL and TESTAMENT”.

You must also state the name or names of the persons you wish to give all your assets (called your estate) to and how you wish to divide your estate between them (giving each a percentage or parts of your estate or specific gifts).

An executor or executors should be named to carry out the task of carrying out your last wishes as stated in your Will.

If you have young children you should name a guardian in case both parents were to die whilst they are still young.

The legal requirements for a valid Will are set out in the Wills Act and can also be found at: https://ezwills.com.sg/valid-will/

Can I make a Will without a lawyer?

Yes you can make a Will without a lawyer.

Anyone who is over 21 years old can legally write or make their own Will by themselves or use an online Will making service (such as https://ezwills.com.sg) to make a Will on their own.

Also you will find on the Ministry of Law’s Will Registry website it clearly says “Yes, you can make a will on your own without seeking the assistance of a solicitor”.

Can an executor be a witness to my Will?

Yes but only if the person who is named as your executor is not a beneficiary or married to a beneficiary of your Will.

Can my son/daughter be an executor of my Will?

An executor must be at least 21 years old.

So long as your son or daughter is at least 21 years old he/she can be an executor.

Must I prepare a list of all my assets before I can make a Will?

No.

Most people divide all their assets as a whole (their estate) between their beneficiaries. They do this without making a gift of a single item to one person (a specific gift). If you do not plan to make any specific gifts preparing a list of all your assets is a waste of time and completely unnecessary.

As no one knows what their assets will be when they pass away even if you did have a list of all your assets today that list will be outdated by the time you pass away.

Please see also: http://blog.ezwills.com.sg/must-i-draw-up-a-list-of-assets-before-making-a-will/

Do I need to sign my Will before witnesses in Singapore or can I do it in Malaysia as I am living in Malaysia?

Yes if you are a Malaysian living in Malaysia you can make a Will for all your assets in Singapore only (and not elsewhere) and have it witnessed outside Singapore.

If you are a Singaporean but working overseas you can still make a Will for your assets anywhere in the world and have it witnessed by at least two adult witnesses overseas.

I have a will made overseas which I need revoked is your service applicable to me?

Yes you can make a Will with EzWills for all your assets worldwide (ie an International Will). Our standard International Will has a standard clause which says:

“I REVOKE ALL earlier Wills and Testamentary dispositions made by me”.

I am an expat from UK working in Singapore on an employment pass and have assets overseas. Do I need to make a Will in Singapore?

If you already have an existing Will made overseas Singapore law will recognise a Will validly made overseas.

However, you should consider making a Will for your Singapore assets only. With a Will in different countries it allows an application for a Grant of Probate to start in each country without having to wait for the Grant of Probate in one country before starting in the second country.

If you do not have an existing overseas Will you should make a Will in Singapore as you are in the same position as any Singaporean.

There is greater urgency for you to make a Singapore Will if you are in one of the following situations.

  • not married but in a de facto or domestic relationship; or
  • an married couple with children; or
  • a same sex couple (even if you are legally married overseas).

In all of these cases a partner (including same sex spouse) and children will not inherit anything under Singapore law if you pass away without a Will.

Please see our blog posts:

http://blog.ezwills.com.sg/de-facto-or-co-habitating-couples-without-wills/ http://blog.ezwills.com.sg/same-sex-couples-without-wills/

If my wife and I both make our Wills with EzWills is there a couple discount?

No. We do not offer a discount when both husband and wife make their Wills with EzWills.

If a couple were to use a lawyer to make their Wills it saves a lawyer a lot of time not having to attend to 2 persons separately. A “couples” discount makes sense with Wills done by lawyers.

EzWills is strictly an online only self-service platform with our costs stripped to a minimum for us to be able to charge the low fees we charge.

Of course we could mark up our charges and then offer a ‘couples discount’. However, that just penalises the single person, divorced and widowed and we will not do this.

If I use EzWills to make my Will am I able to make changes to my Will free of charge?

Making a Will should be considered carefully. Similarly making changes to a Wills should be considered carefully.

Experienced lawyers worry when a client changes his/her Will frequently. Is someone applying undue influence on the will maker to make these changes?

It is not uncommon for an elderly client to see their lawyer every other week with new instructions for changes to their Will. Sometimes the changes being sought happen because a child of the will maker spoke with him/her suggesting changes that benefit that child. Sadly this is a genuine problem that happens now and then.

At EzWills we did ask ourselves this question ie should we allow users to change their Will frequently for free just because we can?

EzWills has decided it is best for our users if we do not allow unlimited free changes.

We hope this will encourage users to consider their choices carefully before making their Wills. We also hope this will make it harder for acts of undue influence than if unlimited free changes to our Wills was offered.

As a responsible business we have to look after the welfare of our users.