Codicil (Singapore)

A Codicil in Singapore records a testator's instructions for distributing property and appointing executors on death.

The Codicil has a long history in common law jurisdictions, and Singapore's succession law — rooted in English common law and codified by the Wills Act — recognises the Codicil as a distinct testamentary instrument. A Codicil is read together with the original will as a single testamentary disposition. Where the Codicil conflicts with a provision in the original will, the Codicil prevails to the extent of the inconsistency. Where the Codicil does not address a particular provision, the original will's terms continue to apply. The Singapore High Court has confirmed this principle in probate proceedings, emphasising that a Codicil supplements rather than replaces the will.

The Probate and Administration Act (Cap. 251) governs the process of obtaining a Grant of Probate from the Family Justice Courts after the testator's death. When a testator dies leaving a will and one or more Codicils, the executor named in the will must produce all testamentary instruments — the original will and every Codicil — to the Probate Registry. The Family Justice Courts will not grant probate unless all known testamentary documents are submitted. Section 4 of the Probate and Administration Act requires the executor to file the will and Codicils together with the application for a Grant of Probate.

For Muslim testators in Singapore, succession is governed by the Administration of Muslim Law Act (Cap. 3) and Islamic law (faraid). Under Section 111 of the AMLA, a Muslim testator may make a will (wasiat) disposing of up to one-third of their estate, with the remaining two-thirds distributed according to faraid. A Codicil to a Muslim will must comply with both the Wills Act formalities and the one-third limitation under AMLA, and the Syariah Court may be involved in the administration of the estate.

The Mental Capacity Act (Cap. 177A) is relevant when questions arise about the testator's mental capacity to execute a Codicil. Singapore courts apply the test from Banks v Goodfellow (1870) LR 5 QB 549 — the testator must understand the nature of making a will, the extent of their property, the claims of persons who might expect to benefit, and must not be suffering from a disorder of the mind that influences their dispositions. The Office of the Public Guardian (OPG), established under the Mental Capacity Act, administers the registration of Lasting Powers of Attorney but does not oversee the execution of wills or Codicils — testamentary capacity remains a matter for the courts to determine in contested probate proceedings.

A Codicil is needed in Singapore whenever a testator wishes to make limited changes to an existing will without drafting an entirely new testamentary document.

Changing an executor or trustee requires a Codicil. If the testator's named executor has died, become incapacitated, moved overseas, or the testator no longer trusts them to administer the estate, a Codicil can revoke the appointment and name a replacement executor. The Probate and Administration Act (Cap. 251) requires at least one executor to be appointed, and the Family Justice Courts will appoint an administrator if no executor is named or available.

Updating specific bequests after acquiring or disposing of assets requires a Codicil. If the testator purchases a new condominium registered with the Singapore Land Authority (SLA), acquires shares in an ACRA-registered company, or opens a new bank account, a Codicil can add bequests of these specific assets without altering the residuary estate clause or other provisions in the original will.

Adding or removing beneficiaries following life events — such as the birth of a grandchild, a marriage, a divorce, or the death of a named beneficiary — is a common reason for executing a Codicil. Under Section 13 of the Wills Act 1838 (Cap. 352), a will is not automatically revoked by marriage (unlike the position in some common law jurisdictions), but the testator may wish to update their dispositions to reflect changed family circumstances. Divorce, however, does not revoke a will in Singapore either — the former spouse may still benefit unless the testator executes a Codicil or new will removing them.

Adjusting the distribution of the residuary estate — for example, changing the percentage shares among beneficiaries — can be achieved through a Codicil rather than rewriting the entire will. The testator must state clearly which clause of the original will is being amended and the new distribution percentages.

Updating guardianship provisions for minor children requires a Codicil if the testator's circumstances have changed. Under Section 6 of the Guardianship of Infants Act (Cap. 122), a parent may appoint a testamentary guardian by will. A Codicil can revoke the existing appointment and name a new guardian without disturbing the financial provisions of the original will.

Adding charitable bequests to institutions registered with the Commissioner of Charities under the Charities Act (Cap. 37) is efficiently accomplished through a Codicil rather than a new will, particularly when the testator's other dispositions remain unchanged.

A properly drafted Codicil in Singapore must contain the following elements to be legally valid under the Wills Act 1838 (Cap. 352) and administratively effective in probate proceedings before the Family Justice Courts.

Testator Identification: The full legal name, NRIC or passport number, and address of the testator. The Codicil should state that the testator is of sound mind, memory, and understanding, and is executing the Codicil voluntarily and without undue influence — addressing the testamentary capacity requirements established in Banks v Goodfellow (1870) LR 5 QB 549 and applied by the Singapore High Court.

Reference to the Original Will: The date of the original will being amended, and a statement confirming that the Codicil is supplementary to that specific will. If the testator has executed previous Codicils, the current Codicil should reference all prior testamentary documents to create a clear chronological chain. The Probate Registry of the Family Justice Courts requires all testamentary instruments to be submitted together when applying for a Grant of Probate under the Probate and Administration Act (Cap. 251).

Specific Amendments: A clear and precise statement of each change being made to the original will. Each amendment should identify the specific clause, paragraph, or provision being modified, revoked, or supplemented. Common amendments include: (a) revoking the appointment of an executor and appointing a replacement; (b) adding, removing, or changing specific bequests of property, money, or personal possessions; (c) altering the distribution percentages of the residuary estate; (d) changing the appointed guardian of minor children under the Guardianship of Infants Act (Cap. 122); and (e) adding conditions or restrictions to existing bequests.

Confirmation Clause: A statement that all other provisions of the original will not expressly amended or revoked by the Codicil remain in full force and effect. The confirmation clause prevents any argument that the Codicil was intended as a complete replacement of the original will.

Revocation of Conflicting Provisions: If the Codicil introduces provisions that conflict with the original will — such as replacing a specific bequest — the Codicil should expressly revoke the conflicting provision. Ambiguity between a will and a Codicil creates uncertainty that may require the court to determine the testator's true intention, adding cost and delay to the probate process.

Execution Formalities: The Codicil must be signed by the testator in the presence of two witnesses who are both present at the same time. Each witness must then attest and sign the Codicil in the testator's presence. Section 6 of the Wills Act 1838 (Cap. 352) prescribes these formalities. Witnesses must be at least 21 years old and of sound mind. A beneficiary named in the Codicil (or the spouse of a beneficiary) should not act as a witness — Section 10 of the Wills Act provides that a gift to a witness (or the spouse of a witness) is void, although the Codicil itself remains valid.

Date of Execution: The date on which the Codicil is executed, which determines its priority over the original will and any earlier Codicils in the event of conflict.

Storage and Notification: While not a formal legal element, established procedures in Singapore is to store the Codicil with the original will — either with the testator's solicitor, in a safe deposit box, or with a professional trustee company licensed by MAS. The testator should inform the named executor of the Codicil's existence and location. On forms-legal.com, the Codicil template generates a document with structured fields for all required elements, including witness attestation blocks compliant with Section 6 of the Wills Act.