If you’re a foreigner living in or with ties to Singapore, you may be wondering: Can a foreigner make a Will in Singapore? Whether you’re working here, own property, or simply wish for your assets to be distributed according to your wishes, understanding how Wills work under Singapore law is a smart step.
And yes, the short answer is: foreigners can make a Will in Singapore. But as always, the longer answer includes several important points you’ll want to get right to avoid confusion, legal disputes, or rejected Wills down the road.
Let’s break it down simply.
Can A Foreigner Make A Will In Singapore?
Yes, a foreigner can make a Will in Singapore. However, there are a few things to keep in mind when writing a will in Singapore:
1. The Assets Should Be In Singapore
A Will made in Singapore generally covers your assets that are physically located in Singapore, like local property, bank accounts, or shares in Singaporean companies.
If you have overseas assets, those might not be automatically covered by your Singapore Will unless structured specifically to do so. In such cases, it’s often advisable to create separate Wills in each jurisdiction.
2. The Will Must Follow Singapore’s Formalities
As long as the Will meets Singapore’s legal requirements, your nationality won’t disqualify you. Even if you’re only temporarily based here, you can still make a valid Will, as long as it complies with local law.
3. Conflict Of Laws May Arise
If you have an existing Will in another country, or your home country has laws that override foreign Wills, there may be conflicts. For example, forced heirship laws in civil law countries can override testamentary freedom.
In such cases, you should seek legal advice on how to harmonise your Wills so they don’t contradict each other.
What Makes A Will Valid In Singapore?
Before we get into how it applies to foreigners, here’s what Singapore law requires for any Will to be valid:
- The Will must be in writing.
- The person making the Will (known as the testator) must be at least 21 years old.
- The testator must be of sound mind and free from undue influence.
- It must be signed at the bottom by the testator.
- Two or more witnesses must sign the Will in the presence of the testator. These witnesses cannot be beneficiaries or spouses of beneficiaries.
What Happens If A Foreigner Dies Without A Will In Singapore?
If a foreigner passes away in Singapore without a valid Will, the distribution of their estate doesn’t automatically follow their personal wishes. Instead, it will be handled under Singapore’s Intestate Succession Act, a fixed legal framework that prioritises specific family members in a defined order.
For example, if you’re married with children, your spouse and children will inherit equal shares. If you’re unmarried or have no children, your assets could go to your parents or siblings. But this structure doesn’t account for unique family circumstances, unmarried partners, or close friends.
Dying without a Will also means your loved ones will need to apply for Letters of Administration, a longer and often more complex process than if a Will exists. This can create delays, confusion, and unnecessary strain, especially if your family is overseas or unfamiliar with Singapore law.
In short, making a Will offers peace of mind that your legacy will be respected and your family won’t face avoidable legal hurdles in a time of grief.
Conclusion About Foreigners Making A Will In Singapore
So, can a foreigner make a Will in Singapore? Yes, and it’s often a smart decision if you have local assets, want to prevent legal complications, or simply wish to protect your loved ones.
Whether you’re planning ahead or already managing assets across borders, don’t leave your legacy up to chance. Speak to Tembusu Law, trusted as the best criminal lawyers and family lawyers in Singapore, and let us help you write a Will that brings peace of mind, wherever you’re from.
Contact us today and get started on your Will with confidence.
Frequently Asked Questions About Foreigners Making A Will In Singapore
Can A Foreigner Make A Will In Singapore If They Don’t Live There?
Yes, as long as the Will is made in Singapore and covers assets located here, foreigners who are not residents can still create a valid Will under Singapore law.
Will My Will In Singapore Affect My Will Back Home?
Possibly. If not carefully coordinated, Wills in different countries may contradict each other. It’s best to consult a lawyer to align them properly.
Does My Singapore Will Include My Overseas Property?
Usually not. A Singapore Will typically cover only assets located in Singapore unless written to do otherwise. Separate Wills may be needed for foreign property.
Can A Will Made Overseas Be Enforced In Singapore?
Yes, if it follows the laws of certain jurisdictions tied to your nationality or residence, but enforcement may require Court proceedings and added time.
What If I Die Without A Will In Singapore?
Your estate will be distributed under Singapore’s Intestate Succession Act, which might not reflect your wishes and could cause delays or disputes.
