Why Every Singaporean Should Have a Will and Lasting Power of Attorney (LPA)

Don't Leave Your Family a Dispute. Leave Them a Plan.

Most Singaporeans spend years planning for retirement, investing wisely, and building assets for the future.

Far fewer spend time planning what happens to those assets if they lose mental capacity or pass away.

Yet some of the most expensive and emotionally devastating legal disputes arise not because people lacked assets, but because they lacked a proper estate plan.

A well-drafted Will and Lasting Power of Attorney (LPA) are among the simplest and most cost-effective legal documents you can prepare. Together, they help ensure that your wishes are respected, your loved ones are protected, and unnecessary disputes are avoided.

What Is the Difference Between a Will and an LPA?

Although they are often discussed together, a Will and an LPA serve very different purposes.

A Will

A Will takes effect upon your death. It allows you to:

• Decide who receives your assets.
• Appoint executors to administer your estate.
• Appoint trustees where necessary.
• Specify how assets should be distributed.
• Reduce the risk of family disputes.

A Lasting Power of Attorney (LPA)

An LPA takes effect during your lifetime if you lose mental capacity.

An LPA allows you to:

• Appoint trusted individuals to make decisions on your behalf.
• Authorise someone to manage your finances and property.
• Ensure your affairs continue to be handled smoothly if you become incapacitated.

In simple terms:

A Will protects your wishes after death.

An LPA protects your interests during life if you lose the ability to make decisions yourself.

The High Cost of Not Planning Ahead

Many people assume their family will “sort things out” after they pass away.

Unfortunately, real-life cases often demonstrate the opposite.

Inheritance disputes can last years, consume significant legal costs, and permanently damage family relationships.

The problem is simple:

Once a person has passed away, the one person who truly knows their intentions is no longer around to explain them.

This creates room for misunderstanding, competing interpretations, and litigation.

Why Clarity Matters in Estate Planning

One common mistake is failing to clearly identify intended beneficiaries.

Many disputes arise not because there was no Will, but because the wording left room for argument.

For example, conditions attached to gifts may create uncertainty if circumstances change over time.

A carefully drafted Will should clearly answer:

• Who should benefit?
• What should they receive?
• Why are they receiving it?
• Are there any individuals who should not benefit?

The clearer the instructions, the harder it becomes for others to challenge your intentions.

Should You Update Your Will?

Yes.

A Will should reflect your current circumstances.

You should review your Will whenever there is a significant life event, including:

• Marriage.
• Divorce.
• Birth of children.
• Birth of grandchildren.
• Acquisition of substantial assets.
• Sale of major assets.
• Changes in family relationships.
• Migration to another country.

An outdated Will can create confusion and increase the likelihood of disputes.

Mental Capacity Challenges and Estate Disputes

Another common ground for contesting a Will is the allegation that the deceased lacked mental capacity when signing it.

This issue often arises where the person:

• Was elderly.
• Suffered from dementia.
• Had Alzheimer's disease.
• Had significant medical conditions affecting cognition.

Where there are concerns regarding capacity, obtaining contemporaneous medical evidence can significantly strengthen the validity of a Will.

Proper legal advice and appropriate medical assessment can help reduce the risk of future challenges.

What Happens If You Die Without a Will in Singapore?

If you die without a valid Will, your estate will generally be distributed according to Singapore's intestacy laws.

This means the law decides who receives your assets.

The distribution may not reflect your personal wishes.

In particular:

• Unmarried partners may receive nothing.
• Stepchildren may receive nothing.
• Close friends receive nothing.
• Charitable intentions may not be fulfilled.

For many people, intestacy produces outcomes they would never have chosen.

Three Questions to Ask Before Making a Will

Before meeting a lawyer, consider these three questions:

1. What do I own?

Prepare a list of:

• Property.
• Bank accounts.
• Investments.
• Insurance policies.
• Business interests.
• Valuable personal possessions.

2. Who do I want to benefit?

Identify the people or organisations you wish to provide for.

3. Why have I made these decisions?

You do not always need to state your reasons in the Will itself, but understanding your reasoning helps ensure your instructions are clear and defensible if challenged.

Estate Planning Is Not About Death. It's About Family

Many people avoid discussing Wills because they associate them with death.

In reality, estate planning is about protecting the people you care about.

A properly drafted Will and LPA can:

• Prevent disputes.
• Preserve family relationships.
• Reduce legal costs.
• Protect vulnerable beneficiaries.
• Ensure your wishes are respected.

The question is not whether estate planning is necessary.

The question is whether you want your family to inherit your assets—or your disputes.

About this Article

This article is based on an interview by Justin Chan, Managing Partner of Justin Chan Chambers LLP, on We Are Family on Money FM 89.3, discussing the division of matrimonial assets in Singapore, indirect financial contributions, CPF division, prenuptial agreements, and common misconceptions surrounding divorce settlements.

Listen to the original interview here

Speak to an Estate Planning Lawyer

Every family is different.

A Will that works for one person may be entirely unsuitable for another.

Professional advice can help ensure that your estate plan reflects your circumstances, protects your loved ones, and minimises the risk of future disputes.

If you would like advice on Wills, Lasting Powers of Attorney, estate administration, probate, or inheritance disputes in Singapore, contact Justin Chan Chambers for a confidential consultation.