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INTRODUCTION
As a parent of young children, the daily demands of nurturing, educating, and providing for your family often leave little time to consider estate planning. It is understandable that, amidst the chaos of raising a family, making a will may not seem like an immediate priority. However, making a legally valid will while your children are still young is far from premature. The truth is, life is unpredictable, and preparing early is one of the most responsible steps a parent can take.
Making a will is not just about distributing your assets but it also serves as a powerful instrument to protect your child’s well-being in multiple ways. It allows you to appoint legal guardians, put financial safeguards in place, and ensure your values and wishes are honoured in the event of the unexpected. Without a will, these important decisions could be left in the hands of the court, potentially resulting in delays, family disputes, or outcomes that do not align with your intentions for your child.
Consider this hypothetical scenario: two parents of young children, aged 3 and 7, were tragically killed in a car crash. They did not make a will, and the question of who was to be the children’s guardians was left to the courts. The legal process took time, while the family members disputed guardianship. Ultimately, the paternal grandparents were appointed. Is that the best choice? No one knows, but without a will, the parents' wishes were never known or considered.
ENSURE YOUR CHILD IS PROVIDED FOR AND CARED FOR
One of the key considerations for parents when drafting their will is the appointment of testamentary guardians to care for their children, typically under the age of 21, in the event of their passing. This appointment gives parents a peace of mind, ensuring that a trusted individual will be responsible not only for the child’s upbringing but also for managing their inheritance according to the deceased parent’s wishes. In absence of a will and no application of guardianship, the appointment of a guardian will be governed under the Guardianship of Infants Act (“GIA”), leaving the decision to the court.
Under the GIA, in a situation where one parent passes on and he/she has not made a will appointing a testamentary guardian, the surviving parent usually becomes the sole guardian. However, if the deceased parent had appointed a testamentary guardian in his/her will, the testamentary guardian may act jointly with the surviving parent, subject to any objections and the court’s final decision. In special cases, where the deceased parent is of the belief that the surviving parent is an unsuitable guardian, he/she may choose to appoint either a joint guardian or a sole testamentary guardian in his/her will.
In a situation where both parents pass on, any person who wishes to be appointed as a guardian must apply to the court and provide supporting evidence that the appointment would be in the child’s best interests. However, such a legal process can be lengthy and financially burdensome.
If no one steps forward to apply for guardianship, the child may be temporarily placed with family members, relatives or in foster care until the court appoints a suitable guardian. The court’s decision is guided primarily by the welfare and best interests of the child. However, this may also result in the appointment of a guardian who does not reflect the deceased parent’s values, beliefs, or preferences.
ENSURE YOUR CHILDREN’S INHERITANCE IS PROTECTED
In most cases, a child under the age of 21 years old (“minor beneficiary”) does not directly receive or manage the inheritance left to him/her by their deceased parents in the will. This is because minors are generally not considered mature enough to properly manage and make sound financial decisions with regards to their inheritance. Furthermore, certain inherited assets may require the minor beneficiary to have legal capacity i.e. attaining the age of majority. As such, if a parent wishes to leave assets to their child, it is essential to set up a testamentary trust in their will.
A testamentary trust is a trust that can be created through the will by appointing a trustee, typically a trusted individual or professional, to hold and manage the inheritance on behalf of the minor beneficiary until they reach the age of majority i.e. 21 years old. Until then, the trustee holds the legal title to the assets, while the minor beneficiary holds the beneficial interest. Once the minor beneficiary reaches the age of majority, or at such time specified under the will, the trustee may distribute the assets held on trust to him/her and will be discharged of duties in capacity of the trustee, unless the will provides otherwise (e.g. staggered distribution beyond the age of majority or any other conditions).
If the deceased parent passes on without a will, the next-of-kin may make a court application for the Grant of Letters of Administration to obtain a court order to be appointed as the administrator of the estate. Similar to a trustee appointed in a will, the administrator is responsible for holding the minor beneficiary’s inheritance on trust until the minor beneficiary reaches the age of majority.
If the next-of-kin is unable to find a suitable administrator who meets the necessary requirements, he/she may apply to the Public Trustee’s Office to administer the deceased parent’s assets and manage the minor beneficiary’s inheritance until they become of age. For monies held-in-trust for the minor beneficiary, the Public Trustee will invest the monies in low-risk financial instruments such as fixed deposits or bonds. When the minor beneficiary comes of age, the invested amount along with any accrued interest (after deduction of service fees) will be paid out to him/her.
FAIR DISTRIBUTION OF ASSETS
Having a legally valid will allows parents to ensure that their personal wishes for their child are clearly reflected, and their child is provided for according to their intentions. It allows them to specify how their assets should be distributed, including the proportions each child should receive, especially when equal division among all children is not appropriate due to differing needs and circumstances. For instance, some parents may wish to allocate a larger share of their assets to one child, or to assign specific assets to a particular child. This level of customisation and clarity is only possible with a will. Without one, such intentions cannot be legally enforced.
In Singapore, when a parent passes away without leaving a will, the distribution of their assets is determined by the Intestate Succession Act 1967 (“ISA”), which applies a fixed approach regardless of the deceased parent’s personal wishes or intentions. Under the ISA, if the deceased parent is survived by both a spouse and children, the estate is divided such that 50% goes to the surviving spouse and the remaining 50% is divided equally among the children. If there is no surviving spouse, the entire estate is distributed equally among the surviving children.
While such distribution may seem fair at first glance, the ISA has certain limitations, specifically in how it defines a “child.” The intestacy laws of Singapore only recognise legitimate children and legally adopted children. As a result, illegitimate children, step-children, and godchildren are not entitled to inherit the deceased parent’s assets under the ISA, even if they shared a close and dependent relationship with the deceased parent. This makes having a will especially important in blended families, where a parent may wish to ensure continued care and provision for children who fall outside the ISA’s definition.
Beyond asset distribution, parents can express their wishes to set aside specific assets to support their child’s education and overall well-being. This ensures that financial resources essential for the child’s upbringing are carefully planned and safeguarded.
REDUCED FINANCIAL AND ADMINISTRATIVE BURDENS
Having a valid will in place significantly streamlines the process of managing a deceased person’s estate i.e. applying for the Grant of Probate, making it more straightforward, less complex, and less costly than in cases where no will is in place. Without a will, the family must go through a more complicated and time-consuming process of applying for a Grant of Letters of Administration, which often involves higher legal fees and more paperwork.
The difference in processing time can be substantial. A Grant of Probate can typically be much faster - about 3 to 4 months on average as compared to a Grant of Letters of Administration that can take years if there are complications (e.g. not being able to contact persons with earlier rights to apply). During this extended period, the deceased’s assets may be inaccessible, leaving surviving family members without access to funds that may be needed for the children’s care and expenses.
By setting out clear instructions in a will, it helps reduce both the financial and emotional strain on loved ones during an already difficult period, while also ensuring that the deceased's wishes are legally recognised and followed.
KEEPING YOUR WILL CURRENT
It is important to remember that making a will is not a one-time task. As your children grow and your life circumstances change, your will should be reviewed and updated accordingly.
Consider reviewing your will when:
A good rule of thumb is to have your will reviewed every 3 to 5 years, or whenever a major life event (as described above) occurs.
STEPS TO HAVING A LEGALLY VALID WILL THAT PROTECTS YOUR YOUNG ONES
Here are the general steps to take to ensure your wishes are respected and your child's future is protected:
While not mandatory, it is recommended to consult a wills lawyer to ensure that your wishes and/or intentions expressed in your will are clearly articulated and legally enforceable. Furthermore, a wills lawyer can advise on which assets can or cannot be included in a will e.g. life insurance policies, CPF funds and jointly-owned properties.
CONCLUSION
As a parent, you make countless decisions every day to protect and provide for your children. Making a will is perhaps one of the most important decisions you can make for their future security. Don't let the complexity of the process or the discomfort of thinking about "what if" scenarios prevent you from taking this crucial step.
Your children depend on you for everything today and even when you are not around. Ensure they're protected by making your will a priority.
REFERENCES
As a parent of young children, the daily demands of nurturing, educating, and providing for your family often leave little time to consider estate planning. It is understandable that, amidst the chaos of raising a family, making a will may not seem like an immediate priority. However, making a legally valid will while your children are still young is far from premature. The truth is, life is unpredictable, and preparing early is one of the most responsible steps a parent can take.
Making a will is not just about distributing your assets but it also serves as a powerful instrument to protect your child’s well-being in multiple ways. It allows you to appoint legal guardians, put financial safeguards in place, and ensure your values and wishes are honoured in the event of the unexpected. Without a will, these important decisions could be left in the hands of the court, potentially resulting in delays, family disputes, or outcomes that do not align with your intentions for your child.
Consider this hypothetical scenario: two parents of young children, aged 3 and 7, were tragically killed in a car crash. They did not make a will, and the question of who was to be the children’s guardians was left to the courts. The legal process took time, while the family members disputed guardianship. Ultimately, the paternal grandparents were appointed. Is that the best choice? No one knows, but without a will, the parents' wishes were never known or considered.
ENSURE YOUR CHILD IS PROVIDED FOR AND CARED FOR
One of the key considerations for parents when drafting their will is the appointment of testamentary guardians to care for their children, typically under the age of 21, in the event of their passing. This appointment gives parents a peace of mind, ensuring that a trusted individual will be responsible not only for the child’s upbringing but also for managing their inheritance according to the deceased parent’s wishes. In absence of a will and no application of guardianship, the appointment of a guardian will be governed under the Guardianship of Infants Act (“GIA”), leaving the decision to the court.
Under the GIA, in a situation where one parent passes on and he/she has not made a will appointing a testamentary guardian, the surviving parent usually becomes the sole guardian. However, if the deceased parent had appointed a testamentary guardian in his/her will, the testamentary guardian may act jointly with the surviving parent, subject to any objections and the court’s final decision. In special cases, where the deceased parent is of the belief that the surviving parent is an unsuitable guardian, he/she may choose to appoint either a joint guardian or a sole testamentary guardian in his/her will.
In a situation where both parents pass on, any person who wishes to be appointed as a guardian must apply to the court and provide supporting evidence that the appointment would be in the child’s best interests. However, such a legal process can be lengthy and financially burdensome.
If no one steps forward to apply for guardianship, the child may be temporarily placed with family members, relatives or in foster care until the court appoints a suitable guardian. The court’s decision is guided primarily by the welfare and best interests of the child. However, this may also result in the appointment of a guardian who does not reflect the deceased parent’s values, beliefs, or preferences.
ENSURE YOUR CHILDREN’S INHERITANCE IS PROTECTED
In most cases, a child under the age of 21 years old (“minor beneficiary”) does not directly receive or manage the inheritance left to him/her by their deceased parents in the will. This is because minors are generally not considered mature enough to properly manage and make sound financial decisions with regards to their inheritance. Furthermore, certain inherited assets may require the minor beneficiary to have legal capacity i.e. attaining the age of majority. As such, if a parent wishes to leave assets to their child, it is essential to set up a testamentary trust in their will.
A testamentary trust is a trust that can be created through the will by appointing a trustee, typically a trusted individual or professional, to hold and manage the inheritance on behalf of the minor beneficiary until they reach the age of majority i.e. 21 years old. Until then, the trustee holds the legal title to the assets, while the minor beneficiary holds the beneficial interest. Once the minor beneficiary reaches the age of majority, or at such time specified under the will, the trustee may distribute the assets held on trust to him/her and will be discharged of duties in capacity of the trustee, unless the will provides otherwise (e.g. staggered distribution beyond the age of majority or any other conditions).
If the deceased parent passes on without a will, the next-of-kin may make a court application for the Grant of Letters of Administration to obtain a court order to be appointed as the administrator of the estate. Similar to a trustee appointed in a will, the administrator is responsible for holding the minor beneficiary’s inheritance on trust until the minor beneficiary reaches the age of majority.
If the next-of-kin is unable to find a suitable administrator who meets the necessary requirements, he/she may apply to the Public Trustee’s Office to administer the deceased parent’s assets and manage the minor beneficiary’s inheritance until they become of age. For monies held-in-trust for the minor beneficiary, the Public Trustee will invest the monies in low-risk financial instruments such as fixed deposits or bonds. When the minor beneficiary comes of age, the invested amount along with any accrued interest (after deduction of service fees) will be paid out to him/her.
FAIR DISTRIBUTION OF ASSETS
Having a legally valid will allows parents to ensure that their personal wishes for their child are clearly reflected, and their child is provided for according to their intentions. It allows them to specify how their assets should be distributed, including the proportions each child should receive, especially when equal division among all children is not appropriate due to differing needs and circumstances. For instance, some parents may wish to allocate a larger share of their assets to one child, or to assign specific assets to a particular child. This level of customisation and clarity is only possible with a will. Without one, such intentions cannot be legally enforced.
In Singapore, when a parent passes away without leaving a will, the distribution of their assets is determined by the Intestate Succession Act 1967 (“ISA”), which applies a fixed approach regardless of the deceased parent’s personal wishes or intentions. Under the ISA, if the deceased parent is survived by both a spouse and children, the estate is divided such that 50% goes to the surviving spouse and the remaining 50% is divided equally among the children. If there is no surviving spouse, the entire estate is distributed equally among the surviving children.
While such distribution may seem fair at first glance, the ISA has certain limitations, specifically in how it defines a “child.” The intestacy laws of Singapore only recognise legitimate children and legally adopted children. As a result, illegitimate children, step-children, and godchildren are not entitled to inherit the deceased parent’s assets under the ISA, even if they shared a close and dependent relationship with the deceased parent. This makes having a will especially important in blended families, where a parent may wish to ensure continued care and provision for children who fall outside the ISA’s definition.
Beyond asset distribution, parents can express their wishes to set aside specific assets to support their child’s education and overall well-being. This ensures that financial resources essential for the child’s upbringing are carefully planned and safeguarded.
REDUCED FINANCIAL AND ADMINISTRATIVE BURDENS
Having a valid will in place significantly streamlines the process of managing a deceased person’s estate i.e. applying for the Grant of Probate, making it more straightforward, less complex, and less costly than in cases where no will is in place. Without a will, the family must go through a more complicated and time-consuming process of applying for a Grant of Letters of Administration, which often involves higher legal fees and more paperwork.
The difference in processing time can be substantial. A Grant of Probate can typically be much faster - about 3 to 4 months on average as compared to a Grant of Letters of Administration that can take years if there are complications (e.g. not being able to contact persons with earlier rights to apply). During this extended period, the deceased’s assets may be inaccessible, leaving surviving family members without access to funds that may be needed for the children’s care and expenses.
By setting out clear instructions in a will, it helps reduce both the financial and emotional strain on loved ones during an already difficult period, while also ensuring that the deceased's wishes are legally recognised and followed.
KEEPING YOUR WILL CURRENT
It is important to remember that making a will is not a one-time task. As your children grow and your life circumstances change, your will should be reviewed and updated accordingly.
Consider reviewing your will when:
- Your children reach significant milestones (e.g. starting school, turning 18, etc.);
- Your financial situation changes substantially;
- You welcome more children into your family;
- The circumstances of your chosen guardian change;
- You move to a different country; and/or
- Major life events occur (e.g. divorce, remarriage, etc.).
A good rule of thumb is to have your will reviewed every 3 to 5 years, or whenever a major life event (as described above) occurs.
STEPS TO HAVING A LEGALLY VALID WILL THAT PROTECTS YOUR YOUNG ONES
Here are the general steps to take to ensure your wishes are respected and your child's future is protected:
- Identify your beneficiaries i.e. who you wish to inherit your assets;
- Appoint at least one executor / executrix to manage your estate and ensure your will is carried out according to your wishes;
- Appoint at least one trustee to hold and manage assets on behalf of minor beneficiaries until they become of age;
- Appoint a testamentary guardian for minor children (if applicable);
- Ensure that the will must be in writing (typed or handwritten);
- Ensure that you, the maker of the will (the “testator”), is at least 21 years of age;
- Ensure that the testator is of sound mind;
- The testator must sign the will in presence of at least two witnesses;
- The two witnesses must also sign the will in the testator’s presence (the witnesses cannot be beneficiaries of the will, nor can they be spouses of any beneficiaries); and
- Store the will safely (e.g. at the Wills Registry, with a lawyer, or in a safety deposit box) and let your appointed executor/executrix know where the will is stored at.
While not mandatory, it is recommended to consult a wills lawyer to ensure that your wishes and/or intentions expressed in your will are clearly articulated and legally enforceable. Furthermore, a wills lawyer can advise on which assets can or cannot be included in a will e.g. life insurance policies, CPF funds and jointly-owned properties.
CONCLUSION
As a parent, you make countless decisions every day to protect and provide for your children. Making a will is perhaps one of the most important decisions you can make for their future security. Don't let the complexity of the process or the discomfort of thinking about "what if" scenarios prevent you from taking this crucial step.
Your children depend on you for everything today and even when you are not around. Ensure they're protected by making your will a priority.
REFERENCES
- Intestate Succession Act 1967
- Guardianship of Infants Act 1934
- Wills Act 1838
- Ministry of Law: Public Trustee's Office
