Wills, Estates and Power of Attorney in Singapore
Planning an estate in Singapore involves two separate stages, and it helps to keep them apart. The first is planning for a loss of mental capacity while you are still alive, which is what a Lasting Power of Attorney and, failing that, a court deputyship deal with. The second is what happens to your assets after death, which is governed by your will, or by the intestacy rules if you leave none, and settled through probate.
This section links the six detailed guides in the cluster. Each explains one part of the picture, the governing statute, and the Singapore agency or court that handles it.
This is general legal information, not legal advice. Consult a qualified advocate and solicitor about your situation.
Planning while you still have capacity
A Lasting Power of Attorney (LPA) is the single most useful document to make in advance. It lets you appoint one or more people (your donees) to make decisions about your welfare and your property and affairs if you later lose mental capacity. It is created under section 11 of the Mental Capacity Act 2008 and registered with the Office of the Public Guardian, a division of the Ministry of Social and Family Development.
If a person loses mental capacity before making an LPA, no one can simply step in. A family member must apply for a court-appointed deputyship at the Family Justice Courts. Because it is slower, more expensive and supervised by the court, making an LPA in advance is almost always the better route.
Deciding what happens after death
A will lets you choose who inherits, name an executor and set out gifts. To be valid it must satisfy the formalities in the Wills Act 1838, and getting the witnessing wrong is the most common way a homemade will fails.
If you die without a valid will, you have died intestate, and the Intestate Succession Act 1967 decides who receives what. The Act does not apply to Muslims, whose estates are distributed under Muslim law.
One large asset sits outside all of this. Your CPF savings are not part of your estate and cannot be given away by your will. They pass by a separate CPF nomination, and if you make none, the Public Trustee distributes them.
Settling the estate: probate
Whether or not there is a will, the estate normally has to go through probate before assets can be transferred. The Family Justice Courts issue a Grant of Probate to the executor named in a valid will, or Letters of Administration to an eligible next of kin where there is no will. Small estates of S$50,000 or less may instead be administered by the Public Trustee.
The six guides in this section
- Lasting Power of Attorney (LPA): what an LPA does, the two forms, the current fees and the 2024 validation of electronic LPAs.
- Court-Appointed Deputyship: the simplified and standard tracks, fees and timelines when someone has already lost capacity.
- How to Make a Valid Will: the Wills Act formalities, witnesses, and what a will cannot control.
- Dying Without a Will: Intestate Succession: the fixed shares under the Intestate Succession Act 1967 and the Muslim law position.
- CPF Nomination: why your CPF is not in your will and what happens if you do not nominate.
- Probate in Singapore: Grant of Probate compared with Letters of Administration, and the S$5 million and S$50,000 thresholds.
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
- Mental Capacity Act 2008, section 11 (Lasting powers of attorney) and Part 4, Singapore Statutes Online(sso.agc.gov.sg).gov
- Wills Act 1838, sections 4, 6 and 10, Singapore Statutes Online(sso.agc.gov.sg).gov
- Intestate Succession Act 1967, sections 2 and 7, Singapore Statutes Online(sso.agc.gov.sg).gov
- Central Provident Fund Act 1953, section 25 (Payment on death of member to nominated person), Singapore Statutes Online(sso.agc.gov.sg).gov
- Family Justice Courts, Probate and Administration(judiciary.gov.sg).gov
- Ministry of Social and Family Development, Office of the Public Guardian, Lasting Power of Attorney(msf.gov.sg).gov