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Estate Planning
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Estate planning is the management and distribution of your assets after your death. It is a comprehensive strategy that ensures your wishes are carried out, your loved ones are provided for, and your wealth is transferred efficiently and with minimal conflict.
In Singapore, a well-structured estate plan encompasses instruments such as:
Lasting Power of Attorney (LPA)
Trusts
CPF nominations
Will
Together, they create a holistic plan for your assets and personal welfare.
Estate planning is crucial in providing security and clarity for your family after you pass away. Without a clear plan, your assets will be distributed according to the Intestate Succession Act, which may not align with your wishes or the specific needs of your beneficiaries. For example, the Act does not provide for unmarried partners, close friends, or charities, and follows a rigid distribution formula among family members.
With a robust estate plan, you minimise potential family disputes by clearly defining your intentions. It also enables you to appoint trusted individuals to manage your affairs, including:
An executor for your will
A donee for your LPA
These trusted individuals ideally understand you and your values, ensuring that your affairs are managed following your wishes. For high-net-worth (HNW) individuals or business owners in Singapore, advanced planning can also include strategies for business succession and wealth preservation, protecting your legacy for future generations.
Eastern Mezzanine Law Corporation’s team of lawyers are equipped with the expertise to build a comprehensive estate plan that ensures your wishes are met. Talk to us to find out more:
Dying without a valid Will in Singapore is known as dying "intestate." This means your assets will not be distributed according to your wishes or your family's needs, but rather by a fixed set of rules outlined in the Intestate Succession Act.
Here’s an overview of the next steps that will happen:
1. Your family members apply to the Singapore Courts for a Grant of Letters of Administration.
This process is typically more complex and time-consuming than obtaining a Grant of Probate for a Will.
The court will appoint an administrator (or administrators) to manage and distribute the estate
The law dictates who has priority to be appointed, which may not be the person you would have chosen.
2. The Act specifies a rigid hierarchy for asset distribution.
If you have a spouse, no parents, and no children: Your spouse receives 100% of your estate.
If you have a spouse and parent(s), but no children: Your spouse receives 50% of your estate, and your parent(s) receive the remaining 50%.
If you have a spouse and children: Your spouse receives 50%, and your children share the remaining 50% equally.
If you have children but no spouse: Your children share 100% of your estate equally.
If you have no spouse or children: Your parents will receive the estate.
If you have no spouse, children, or parents: Your siblings will receive the estate.
This strict formula does not account for unmarried partners, friends, caregivers, or specific charities you may have wished to support. It also means a vulnerable family member who needs more financial support will receive the same share as others. Dying intestate relinquishes your control over your legacy, potentially causing additional stress and legal complexity for your loved ones.
Prevent such disputes from arising by proactively drafting your Will today. Eastern Mezzanine Law Corporation’s team of lawyers are equipped with the expertise to help you build a Will that satisfies your every need. Talk to us to find out more:
A Will is a legal document that specifies your instructions for how your assets will be distributed after your death. It allows you to appoint an executor—a trusted person or professional entity—to manage your estate and ensure your wishes are precisely followed.
Wills are the cornerstone of most estate plans in Singapore, letting you control who inherits your property, the inheritance proportions, and the conditions. For a Will to be legally valid and enforceable in Singapore, it must meet the strict requirements of the Wills Act:
1. In Writing: The will must be written down. It can be typed or handwritten.
2. Testator's Signature: You, the "testator," must sign the will at the foot or end of the document. If you are unable to sign it yourself, another person may sign it on your behalf, in your presence, and by your direction.
3. Presence of Two Witnesses: The will must be signed in the presence of at least two credible witnesses, who are both present at the same time. These witnesses must also sign the will in your presence.
4. Witnesses Cannot be Beneficiaries: A crucial rule is that the witnesses (or their spouses) cannot be beneficiaries of the will. If a beneficiary or their spouse acts as a witness, the gift to that beneficiary will be void.
You must also be at least 21 years of age and sound mind at the time of making the will. This means you must understand the nature of making a Will, be aware of the extent of your assets, and comprehend the claims of those you are including or excluding.
Get started on drafting your will now. Eastern Mezzanine Law Corporation’s team of lawyers are equipped with the expertise to help you build a Will that ensures all legal formalities are met, minimising the risk of being challenged or declared invalid. Talk to us to find out more:
A Lasting Power of Attorney (LPA) is a legal document that allows a person who is at least 21 years of age ('Donor') to voluntarily appoint one or more persons ['Donee(s)'] to make decisions and act on their behalf should they lose mental capacity one day.
The LPA is a critical part of holistic estate and legacy planning, safeguarding your interests and welfare during your lifetime. It complements a Will, which only takes effect after death. The need for an LPA arises from the fact that a loss of mental capacity, whether due to an accident, illness like a stroke, or a progressive condition like dementia, can happen to anyone at any age.
Without an LPA, your family members would not:
Have the legal authority to access your bank accounts to pay for your medical bills
Make decisions about your care arrangements
Manage your property
To gain this authority, they would have to apply to the court to be appointed as your deputy, a process that is significantly more expensive, time-consuming, and stressful than making an LPA.
The LPA, which is governed by the Mental Capacity Act, must be registered with the Office of the Public Guardian (OPG) to be valid. In the document, you can grant your donee(s) general or specific powers over:
Personal welfare: Making decisions about your healthcare, living arrangements, and day-to-day care.
Property and affairs: Managing your finances, paying bills, and dealing with your property.
By making an LPA, you choose people you trust to act in your best interests, providing both them and yourself with peace of mind. The standard method to create an LPA is by filling out the LPA Form 1 (also known as the online LPA form on My Legacy), which must be signed in the presence of a certificate issuer. A certificate issuer can be a practising lawyer, a registered psychiatrist, or an accredited medical practitioner.
At Eastern Mezzanine Law Corporation, our lawyers can serve as your certificate issuers and certify Form 1. Talk to us to find out more:
While both a Will and a Lasting Power of Attorney (LPA) are key components of estate planning, they serve entirely different purposes and operate at different times.
Below are the key differences between a Will and an LPA:
In essence, an LPA protects you, while a Will protects your beneficiaries. A complete estate plan requires both.
Piece together your estate plan with Eastern Mezzanine Law Corporation’s team of lawyers. We are equipped with the expertise to help you build an estate plan that covers both the will and LPA components. Talk to us to find out more:
A trust is a legal arrangement where a settlor transfers assets to a trustee. The trustee is in charge of holding and managing these assets for a beneficiary or beneficiaries. Compared to wills, trusts are a powerful and flexible tool that can offer a higher degree of control and protection.
There are two broad types of trusts:
1. Inter vivos (aka living) trust: Set up during your lifetime
2. Testamentary trust (aka Will trust): Created through your will upon your death
Trusts provide you with the following benefits:
Provide for vulnerable beneficiaries: A trust enables you to provide for your minor children, elderly parents, or beneficiaries with special needs without giving them a lump sum inheritance. The trustee can manage the funds and make regular distributions for their education, healthcare, and living expenses according to your instructions.
Asset protection: A trust shields your assets from potential creditors or the matrimonial disputes of your beneficiaries. Since the assets are legally owned by the trust, they are generally protected from claims made by beneficiaries.
Control the distribution of wealth: A trust allows you to control how and when your beneficiaries receive their inheritance. For example, you can stipulate that they only receive their share upon reaching a certain age, graduating from university, or meeting other conditions. This prevents a young or financially irresponsible beneficiary from squandering their inheritance.
Confidentiality: A trust is a private arrangement. The terms of the trust and the assets held within it are not disclosed publicly, offering a high degree of privacy for your family.
Business Succession: For business owners, a trust can be a key part of a succession plan, ensuring a smooth transition of the business to the next generation.
While creating a trust is more complex than writing a Will, it offers unparalleled flexibility and control for managing and preserving your legacy.
Put together a detailed trust with Eastern Mezzanine Law Corporation’s team of lawyers. We are equipped with the expertise to help you build a trust that covers both the will and LPA components. Talk to us to find out more:
Probate is the legal process through which your will is validated by the Singapore Courts and your appointed executor is given the legal authority to administer your estate. The official court order that grants this authority is called a Grant of Probate. Without this Grant, your executor cannot legally access your assets to pay off your debts and distribute the remainder to the beneficiaries named in your will.
The probate process in Singapore generally involves the following key steps:
1. Locate the Will: The executor must first locate the original Will of the deceased.
2. File the probate application: The executor, typically through their lawyer, files an application with the Family Justice Courts. This application includes the original Will, a certified true copy of the deceased's death certificate, and a schedule of the deceased's assets.
3. Attain the court’s acceptance: The court will review the application to ensure it complies with all legal requirements and that the will is valid. If everything is in order, the court will issue the Grant of Probate. This may take a few months, depending on the complexity of the estate and the court's schedule.
4. Administer the estate: Once the Grant of Probate is issued, the executor is legally empowered to act. Their duties include:
Consolidate assets: Identify and gather all of the deceased's assets, including closing bank accounts and taking control of properties and investments.
Pay debts: Settle all of the deceased's outstanding liabilities, including taxes, loans, and other bills.
Distribute the estate: After all debts are paid, the executor distributes the remaining assets to the beneficiaries following the instructions in the will.
5. Prepare estate accounts: The executor must keep detailed accounts of all transactions made during the administration process. They may be required to present these accounts to the beneficiaries.
The entire process, from filing the application to the final asset distribution, can take anywhere from six months to over a year, depending on the nature and complexity of the estate.
Simplify the probate process by engaging Eastern Mezzanine Law Corporation’s team of lawyers. We are deeply experienced with the probate process and all other components of estate planning, including drafting your will and LPA. Talk to us to find out more:
Yes, you can. In fact, you should review your will periodically to ensure it continues to reflect your wishes and life circumstances. A Will is not set in stone once made; you have every right to change or even revoke it at will, so long as you are of sound mind to do so.
There are two key ways to alter your will in Singapore:
1. Make a codicil: A codicil is a legal document that serves as a supplement or an amendment to an existing will. It is used for making minor changes, such as appointing a new executor, changing a small gift, or adding a beneficiary.
While a codicil can be a straightforward way to make small updates, having multiple codicils can sometimes lead to confusion. For significant or numerous changes, it is often better to draw a new will.
2. Draft a new will: When drafting a new will, you should always include a revocation clause, or a statement that explicitly revokes all previous wills and codicils made by you.
Making a new will is the recommended approach if your life circumstances have changed significantly, such as through marriage, divorce, the birth of a new child, or a substantial change in your financial situation.
It is also important to know that certain life events automatically revoke a Will. Under the Wills Act, a Will is automatically revoked by marriage, unless it was made in contemplation of that specific marriage.
Need to change or revoke your will? Work with Eastern Mezzanine Law Corporation’s team of lawyers, who are equipped with the acumen to help you make the necessary changes or void an existing will. Talk to us to find out more:
The primary cost of making a Lasting Power of Attorney (LPA) is the professional fee charged by the certificate issuer (CI), who certifies the document.
Certificate issuer's fee: A CI is a professional (a lawyer, doctor, or psychiatrist) who ensures you understand the LPA.
For a lawyer certifying the standard LPA Form 1, professional fees typically range from SGD 50 to SGD 300. Fees may be higher for more complex situations requiring detailed advice.
Application fee: The application fee payable to the Office of the Public Guardian (OPG) for the LPA Form 1 is currently waived for all Singapore Citizens until 31 March 2026.
Therefore, for most Singaporeans making a standard LPA, the main cost is the one-time fee paid to the CI for their professional certification service.
Looking to get your LPA in place? Eastern Mezzanine Law Corporation’s team of lawyers comes equipped with years of extensive experience drafting estate plans and representing clients. Talk to us to find out more:
Compared to a Will, the cost of setting up a trust is significantly higher and can vary widely. Unlike a Will, which has a modest and one-time drafting fee, a trust requires a more substantial setup and potential ongoing costs.
The key cost components are:
1. Legal and drafting fee: This is the fee paid to a lawyer to provide specialist advice and to draft the Trust Deed, the legal document that governs the trust.
Complex standalone living trust: Legal fees start from SGD 10,000 and can go higher depending on complexity.
A simpler testamentary trust created within a Will is less expensive.
2. Trustee fees: If you appoint a professional trust company to act as your trustee, they will charge ongoing annual fees to manage the trust assets. These fees are typically a percentage of the total value of the assets under their management.
The final cost depends on:
Complexity of the trust structure
Value of the assets involved
Whether you appoint a professional or an individual as your trustee
Want to build your trust but don’t know where to start? Eastern Mezzanine Law Corporation is here to help, as our team of lawyers is equipped with extensive years of experience drafting estate plans and representing clients. Talk to us to find out more:
There is no single fixed price for drafting a Will in Singapore. The legal fees vary depending on the complexity of your estate and the specific instructions you wish to include.
1. Basic will
Basic wills typically range between SGD 300 and SGD 800. They usually cover a straightforward distribution of assets among a few beneficiaries and the appointment of an executor and trustee.
2. Complex will
Complex wills typically range between SGD 800 and SGD 2,500+. They are more detailed and will cost more if they encompass elements such as:
Creation of a testamentary trust (eg: for minor children or beneficiaries with special needs)
Instructions for overseas assets
Detailed business succession plans
Multiple properties with specific distribution instructions
Provisions for a blended family
Appointment of a guardian for minor children
When you engage a lawyer, the fee typically covers the initial consultation, legal advice on your estate, the professional drafting of the Will document, and ensuring it is properly signed and witnessed to be legally valid.
While DIY options may be cheaper, the professional fee for a lawyer is a crucial investment for peace of mind, ensuring your Will is robust, valid, and less likely to be challenged. In turn, this will protect your loved ones from potential disputes and costly litigation.
Transparency is crucial for any financial decision you make, and making your Will is no exception. Our expert team of lawyers at Eastern Mezzanine Law Corporation stands ready to help you tailor your will to your needs with full price transparency. Talk to us to learn how we can assist you:
Legally, you do not need a lawyer to make a Will in Singapore. As long as your Will meets the formal requirements set out in the Wills Act, it is considered valid.
However, it is highly advisable to engage an experienced lawyer to draft your Will. Here’s why:
1. Ensure legal validity: A lawyer ensures your Will is properly drafted, signed, and witnessed according to the strict legal requirements. This significantly reduces the risk that the Will may be challenged and declared invalid in the future.
2. Combat complex situations: A DIY or templated Will is unsuitable if your circumstances are complex. A lawyer is essential if you:
Own overseas assets
Are part of a blended family (e.g., you have children from a previous marriage)
Wish to set up a trust for minor children or beneficiaries with special needs
Own a business and require succession planning
3. Avoid ambiguity: Lawyers are equipped to use precise language to clarify your intentions. Vague wording in a DIY Will can lead to confusion and costly legal disputes among your beneficiaries.
4. Receive holistic advice: A lawyer provides comprehensive advice on your overall legacy plan, including how your Will interacts with your CPF nominations, insurance policies, and any trust arrangements. The cost of drafting a professional Will is minor compared to the potential for costly and emotional family disputes arising from an invalid or incorrectly drafted one.
For peace of mind and to ensure your final wishes are clearly and legally documented, work with Eastern Mezzanine Law Corporation’s legacy planning team to build a Will that not only meets all compliance requirements but, more importantly, lays the foundation of your instructions with exact precision. Talk to us to find out more:
For a Will to be legally valid in Singapore, it must be signed in the presence of at least two witnesses, both of whom must be present at the same time as the Will maker.
The requirements for a witness are as follows:
They must be at least 21 years old.
They must be of sound mind.
They must not be a named beneficiary of the will or the spouse of such named beneficiary.
If a beneficiary or their spouse witnesses the Will, it remains valid, but the gift or inheritance designated for that beneficiary will be void. Good choices for witnesses include friends, neighbours, or colleagues who are not named in your will. When you engage a law firm, the lawyer and their staff will typically act as the formal witnesses.
Ensuring your Will is correctly witnessed is a simple but vital step to ensure its validity. Eastern Mezzanine Law Corporation’s team of lawyers are equipped to manage this formal process for you and ensure compliance. Talk to us to find out more:
A special needs trust is a specialised legal trust created specifically to hold and manage assets for a person with physical, mental, or developmental disabilities (the beneficiary).
Its primary purpose is to provide long-term financial security for the beneficiary, ensuring they have the resources for their care, education, and well-being, especially after their parents or primary caregivers have passed away.
Key features:
Asset management: The trust is managed by a trustee, who makes financial decisions in the best interest of the Beneficiary.
Letter of Wishes: Parents can leave a detailed Letter of Wishes to guide the trustee on how the funds should be used for the Beneficiary's specific needs and lifestyle.
Setup options: A special needs trust can be set up through a private lawyer (often as a testamentary trust within a Will) or the Special Needs Trust Company (SNTC).
Setting up a trust for a loved one with special needs requires careful and compassionate planning. Contact Eastern Mezzanine Law Corporation’s team of lawyers to discuss the most suitable options for your family:
An Advance Medical Directive (AMD) is a legal document that you sign in advance to state that you do not wish to receive extraordinary life-sustaining treatment to artificially prolong your life, should you become terminally ill and unconscious with no hope of recovery.
Key points
What it is: The AMD is a directive that allows you to pass naturally if you are in a state where death is imminent.
What it is not: An AMD is not euthanasia or mercy killing. It does not direct doctors to end your life, only to not prolong it artificially.
AMD vs. LPA: A Lasting Power of Attorney (LPA) appoints a person to make broad medical decisions for you if you lose mental capacity. By contrast, an AMD is an instruction to your doctor about a specific end-of-life scenario.
To make a valid AMD, you must be at least 21 years old and sign the AMD form in the presence of two witnesses, one of whom must be a medical doctor.
An AMD is a key part of holistic end-of-life planning. Eastern Mezzanine Law Corporation can advise on how it complements your Will and Lasting Power of Attorney to ensure your wishes are fully respected. Talk to us to find out more:
Yes, you can and should include digital assets in your Will. Here’s how to plan for them:
1. Create an inventory: Make a list of your important digital assets.
2. Appoint a digital executor: You can appoint a specific digital executor in your Will or give your main executor the specific power to access, manage, or close your digital accounts.
3. Manage your passwords: Do not write your passwords or private keys directly in your Will. Instead, use a secure password manager or store this information safely and let your executor know how to access it.
The law surrounding digital assets is constantly evolving. Our team of lawyers at Eastern Mezzanine Law Corporation are uniquely equipped with digital asset-focused expertise and can thus help you draft a modern Will that protects your entire legacy, both physical and digital. Talk to us to find out more:
Will custody is the service of securely storing your original, signed Will to ensure it is protected from loss or damage and can be easily located by your executor after you pass away.
If your original Will cannot be found after your death, the law presumes that you intentionally destroyed it to revoke it. If this happens, your estate may be distributed according to intestacy rules, as if you had no Will.
Common storage options:
Law firm: Many law firms offer a professional custody service. This is a highly secure and reliable option, as the firm has procedures in place to release the Will to the correct person.
Bank: A safe deposit box can be used, although accessing it after death can sometimes be a more complex process for the executor.
Home: This is the least secure option due to the risk of misplacement, fire, flood, or being tampered with.
You can also record the location of your Will with the Singapore Wills Registry, making it easier for your loved ones to find out where it is stored.
Our team of lawyers at Eastern Mezzanine Law Corporation offers professional Will custody to ensure your most important legacy document is safe and accessible when it is needed most. Talk to us to find out more:
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