Joint Will (Singapore)

A Joint Will in Singapore directs how the testator's estate is to be distributed to named beneficiaries after death.

The Wills Act (Cap. 352), Section 6, prescribes the formal requirements for a valid will in Singapore: the will must be in writing, signed by the testator (or by some other person in the testator’s presence and by the testator’s direction), and the signature must be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, who each attest and sign the will in the testator’s presence. A Joint Will must satisfy these requirements for each testator — both testators must sign the will in the presence of two witnesses, and both witnesses must sign in the presence of both testators.

A Joint Will typically provides for mutual inheritance — upon the death of the first testator, the surviving spouse inherits the estate, and upon the death of the second testator, the combined estate passes to the designated beneficiaries (typically children or other family members). The executor appointed in the Joint Will applies for a grant of probate from the Family Justice Courts upon the death of each testator. Under Section 13 of the Wills Act, marriage automatically revokes a will, meaning that if either testator remarries after executing the Joint Will, the will is revoked as to that testator.

A Joint Will differs from a Simple Will, which is executed by a single testator. A Detailed Will may include more detailed provisions such as trusts for minors, specific bequests, and charitable gifts. A Codicil is used to amend a will without revoking the entire instrument. A Lasting Power of Attorney for Property and Affairs addresses incapacity during the testator’s lifetime rather than distribution after death. A Letter of Wishes provides non-binding guidance to the executor on the testator’s intentions.

Central Provident Fund (CPF) savings are not covered by a will in Singapore — under the Central Provident Fund Act (Cap. 36), CPF savings are distributed according to the CPF nomination (if one exists) or according to the intestacy rules (Intestate Succession Act for non-Muslims, or Faraid under AMLA for Muslims) if no nomination exists. The Joint Will should explicitly note that CPF savings are excluded from its scope, and testators should make separate CPF nominations with the CPF Board.

A Joint Will in Singapore is appropriate for married couples who wish to create a single testamentary document that addresses the distribution of both spouses’ estates.

When married spouses hold property jointly — such as an HDB flat held as joint tenants, a private condominium, or a jointly-owned bank account — a Joint Will addresses the distribution of each spouse’s interest upon death. Under Singapore’s joint tenancy rules governed by the Land Titles Act 1993 (Cap. 157), jointly-held property passes to the surviving joint tenant by right of survivorship and is not governed by the will. However, if the joint tenancy is severed (converting to tenancy in common), each co-owner’s share passes according to their will. Couples should review the Joint Tenancy Severance Notice if they wish to sever joint tenancy for estate planning purposes.

When both spouses wish to appoint the same executor and make reciprocal provisions (each leaving their estate to the surviving spouse, with the combined estate passing to children upon the second death), a Joint Will is more efficient than two separate wills. The executor appointed in the Joint Will applies for probate at the Family Justice Courts upon each death.

When testators have minor children, the Joint Will may include provisions for the appointment of testamentary guardians under Section 7 of the Guardianship of Infants Act (Cap. 122) and trusts for minor beneficiaries under which the executor holds the inheritance until the child reaches a specified age (typically 21 or 25 years). The Trustees Act (Cap. 337) governs the trustee’s duties in managing the trust assets.

When Muslim spouses wish to execute a Joint Will, the testamentary dispositions are limited to one-third of each testator’s net estate under the Administration of Muslim Law Act (Cap. 3) (AMLA), Section 111. The remaining two-thirds of each estate is distributed according to Faraid. Muslim couples should also review the Islamic Inheritance (Faraid) Declaration for the Faraid component.

When either testator has assets in multiple jurisdictions, the Joint Will should address whether it covers worldwide assets or only Singapore assets. Testators with overseas assets should consider executing separate wills in each jurisdiction to avoid conflicts of law, and a Detailed Will may be more suitable for complex multi-jurisdictional estates.

A Joint Will in Singapore must contain the following essential components to satisfy the formal requirements of the Wills Act 1838 (Cap. 352) and effectively express both testators’ testamentary wishes.

Testator identification must include the full legal names, NRIC numbers, residential addresses, and the marital relationship of both testators. The will should confirm that both testators are of sound mind, are above 21 years of age (the age of testamentary capacity under Section 4 of the Wills Act), and are executing the will voluntarily without undue influence.

Revocation clause must state that the Joint Will revokes all previous wills and codicils made by each testator. Under the Wills Act, only the most recent validly executed will is operative, and a clear revocation clause prevents confusion about which will governs the estate.

Executor appointment must name the person(s) appointed to administer the estate upon each testator’s death, including the executor’s full name, NRIC number, and relationship to the testators. The will should also appoint one or more substitute executors in case the primary executor is unable or unwilling to act. Under the Probate and Administration Act (Cap. 251), the executor must apply for a grant of probate from the Family Justice Courts before administering the estate.

First death provisions must specify how the first testator’s estate is to be distributed upon their death — typically, the entire estate passes to the surviving spouse. For jointly-held property passing by right of survivorship, the will has no effect, and the Joint Will should note this limitation.

Second death provisions must specify how the combined estate is to be distributed upon the death of the surviving testator — typically, the estate passes to the children in equal shares or according to a specified distribution. For minor beneficiaries under 21 years of age, the will should establish a trust under which the executor holds the inheritance until the child reaches the specified age.

Execution requirements under Section 6 of the Wills Act mandate that both testators sign the will in the presence of two witnesses who are present at the same time, and both witnesses must sign in the presence of both testators. Witnesses must not be beneficiaries under the will — under Section 10 of the Wills Act, a gift to a witness (or the witness’s spouse) is void.

CPF exclusion note should state that Central Provident Fund savings, insurance policies with valid nominations, and assets held in trust are not covered by the will. The Joint Will should remind testators to make separate CPF nominations with the CPF Board.

The forms-legal.com Joint Will template includes 13 sections covering the mutual inheritance structure, executor appointment, minor beneficiary trust provisions, the CPF exclusion note, and the execution clause compliant with the Wills Act’s witnessing requirements.