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Wills, Estates and Power of Attorney in Singapore

By Recording Law Editorial Team6 min read
Wills, Estates and Power of Attorney in Singapore

Frequently Asked Questions

What is the difference between an LPA and a will in Singapore?

An LPA works while you are alive but have lost mental capacity: it lets a person you chose in advance make decisions about your welfare and finances under the Mental Capacity Act 2008. A will works only after death and decides who inherits your assets under the Wills Act 1838. They cover different moments and you generally need both.

What happens if I lose mental capacity without an LPA?

Your family cannot automatically manage your affairs. Someone must apply to the Family Justice Courts to be appointed your deputy under the Mental Capacity Act 2008. Deputyship is slower and more expensive than an LPA and remains under court supervision, which is why making an LPA in advance is recommended.

Does a Singapore will include CPF savings?

No. The CPF Board is clear that CPF savings do not form part of your estate and cannot be included in your will. They pass by a separate CPF nomination under section 25 of the Central Provident Fund Act 1953. If you make no nomination, the Public Trustee distributes your CPF according to the intestacy rules or Muslim law.

Do I need probate to settle an estate in Singapore?

In most cases yes. The Family Justice Courts issue a Grant of Probate where there is a valid will, or Letters of Administration where there is not, before estate assets can be transferred. A small estate of S$50,000 or less may instead be administered by the Public Trustee, subject to conditions.

What law applies to a Muslim estate in Singapore?

The Intestate Succession Act 1967 does not apply to Muslims (section 2). A Muslim who dies without a will has their estate distributed according to Muslim law, or faraid, under section 112 of the Administration of Muslim Law Act 1966, usually confirmed by an Inheritance Certificate from the Syariah Court.

Sources and References

  1. Mental Capacity Act 2008, section 11 (Lasting powers of attorney) and Part 4, Singapore Statutes Online(sso.agc.gov.sg).gov
  2. Wills Act 1838, sections 4, 6 and 10, Singapore Statutes Online(sso.agc.gov.sg).gov
  3. Intestate Succession Act 1967, sections 2 and 7, Singapore Statutes Online(sso.agc.gov.sg).gov
  4. Central Provident Fund Act 1953, section 25 (Payment on death of member to nominated person), Singapore Statutes Online(sso.agc.gov.sg).gov
  5. Family Justice Courts, Probate and Administration(judiciary.gov.sg).gov
  6. Ministry of Social and Family Development, Office of the Public Guardian, Lasting Power of Attorney(msf.gov.sg).gov
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