Will Writing & Lasting Power of Attorney (LPA)

Through a Will, the testator can appoint an executor of his choice to handle his/her assets upon his/her demise. It also allows the testator to appoint a guardian/trustee, and make specific gifts to your named beneficiaries in the proportion you so desire. Our firm provide will writing services in English and translation into Mandarin.

A Lasting Power of Attorney (“LPA“) allows you to authorize a third party to make decisions on your behalf should you become incapacitated or incompetent in making decisions. Our firm offers legal advice in creating a LPA to ensure that your needs are properly addressed and provided for. We also assist clients in the lodging of a LPA.

Short Primer On Wills

Question 1: What is a Will?
Answer: A Will is actually a gift of property taking effect upon death.

Question 2: Should everybody do a Will?
Answer: A Will may not be necessary if you are satisfied with the inheritance rules under the Intestate Succession Act (“ISA“).

In what events would a Will not be necessary?

  • A Will is necessary if you wish to exclude persons who would inherit your estate i.e assets, property and your wealth under the ISA.
  • A Will is also necessary if you wish to include persons who otherwise may not inherit your estate or assets under the ISA.
  • A common fallacy is that if you do not make a Will, the Government will inherit all your property. That is incorrect and untrue.

Formalities of a Will

  1. The testator (person making the Will) must be over 21 years old.
  2. The Will is in writing and must be signed by the Testator.
  3. The Testator’s signature is made in the presence of two or more witnesses present at the same time.
  4. The witnesses must not be beneficiaries, and any gift to the witnesses or their spouses will be void under Section 10 of the Wills Act.
  5. The Testator must be competent with mental and testamentary capacity to make a Will, as held in Banks v Goodfellow (1870) LR 5 QB and George Abraham Vadakathu v Jacob George [2009] 3 SLR (R) 631.