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
- The testator (person making the Will) must be over 21 years old.
- The Will is in writing and must be signed by the Testator.
- The Testator’s signature is made in the presence of two or more witnesses present at the same time.
- The witnesses must not be beneficiaries, and any gift to the witnesses or their spouses will be void under s.10 of the Wills Act.
- 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  3 SLR (R) 631.