Common Mistakes People Make When Writing a Will (And How to Avoid Them)

Common will writing mistakes

Writing a will is a crucial step in securing your family’s future and ensuring your wishes are carried out after your passing. However, many people make costly mistakes when drafting their wills, which can lead to disputes, legal complications, or even the will being invalidated. In this article, we highlight the most common mistakes people make when writing a will and provide expert advice on how to avoid them.

1. Not Having a Will at All

One of the biggest mistakes is simply not writing a will. Many assume that their assets will automatically go to their loved ones, but without a legally valid will, your estate may be distributed according to Singapore’s Intestate Succession Act, which may not align with your wishes.

How to avoid this mistake: Start the estate planning process early. Seek legal advice to draft a will that accurately reflects your wishes and protects your family’s interests.

2. Using an Online Template Without Legal Guidance

While online will templates may seem convenient, they often fail to cover essential legal requirements, which could lead to disputes or invalidation.

How to avoid this mistake: Consult a qualified estate planning lawyer in Singapore to ensure your will complies with legal requirements and is properly executed.

3. Failing to Name an Executor or Choosing the Wrong One

An executor is responsible for managing and distributing your estate. Many people either forget to appoint an executor or choose someone who is not well-suited for the role.

How to avoid this mistake: Select a trustworthy and competent executor who is willing and able to handle financial and legal matters. Consider appointing a professional executor if necessary.

4. Not Updating Your Will Regularly

Life circumstances change—marriage, divorce, childbirth, or acquiring new assets. An outdated will may not reflect your current wishes, leading to potential disputes.

How to avoid this mistake: Review and update your will regularly, especially after major life events, to ensure it remains relevant and valid.

5. Failing to Properly Sign and Witness the Will

A will must meet specific signing and witnessing requirements under Singapore law. Failure to do so can render it invalid.

How to avoid this mistake: Ensure your will is signed in the presence of at least two witnesses who are not beneficiaries or spouses of beneficiaries, in accordance with legal guidelines.

6. Overlooking Digital Assets

Many people forget to include digital assets such as cryptocurrency, online banking accounts, and social media accounts in their wills.

How to avoid this mistake: Make an inventory of your digital assets and provide instructions on how they should be managed or accessed after your passing.

7. Not Accounting for Debts and Liabilities

If your debts are not addressed in your will, your beneficiaries may face unexpected financial burdens.

How to avoid this mistake: Work with a lawyer to outline how your outstanding debts will be settled and ensure your assets are distributed as intended.

8. Failing to Plan for Minor Children

If you have young children, failing to appoint a guardian in your will can leave their future uncertain.

How to avoid this mistake: Name a legal guardian in your will to ensure your children are cared for by someone you trust.

9. Not Considering Tax Implications

In Singapore, while there is no inheritance tax, failing to consider tax implications on certain investments or overseas properties can lead to unexpected costs.

How to avoid this mistake: Seek advice from a lawyer or financial planner to understand any tax liabilities associated with your estate.

10. Keeping Your Will in an Inaccessible Location

A will is useless if no one can find it. Many people make the mistake of hiding their wills in places that are difficult for executors to access.

How to avoid this mistake: Store your will in a secure but accessible location, such as with your lawyer or in a Will Registry.

Secure Your Legacy with Expert Legal Assistance

Avoiding these common mistakes can save your loved ones from unnecessary stress and legal complications. If you need assistance drafting or updating your will, our experienced estate planning lawyers are here to help.

Contact us today for a consultation and ensure your legacy is protected.