1

LECTURE 2

Wills Main clauses; Execution

Appointments
See clause in precedent for analysis
Executors / Trustees
Executor: administer estate according to Will
Has power of sale by law

Trustee: Hold legal title to estate; to follow directions

of trust (Will)

Appointments
Executors / Trustees
Who qualifies to be appointed?
Can beneficiary be?

How many are needed / desirable?

Why 1 is not safe, but also avoid gridlock
Who should a testator appoint?
Remuneration

Where Will does not appoint an

executor/trustee or appointees are incapable
Possible scenarios?
Property does not vest in the executor
Court must appoint persons to administer the
estate
Apply for letters of administration with Will
annexed

Appointments
Guardians
Of minor children
May act with any surviving natural parent; if there is

none, will act alone

ss. 6 & 7 Guardianship of Infants Act

Dispositions of property
This is where you will be sued if you draft

incorrectly or any gift fails because of poor

drafting / execution

Dispositions of property
Property disposable by will
Owned by testator
real
Personalty

Equitable interests e.g. right to exercise option to

purchase realty
Certain choses in action - a right to sue for damages;

copyright

Dispositions of property
Some considerations:
- Are there any
statutory or common
law restrictions on
what he wants to do?
Jointly owned
property? Central
Provident Fund
monies?

Dispositions of property
What if the intended beneficiaries predecease

him? Who is to take those gifts then?

Advise on whether intended gift accords with his

intentions e.g. lump sum versus annuity

Encumbered gifts e.g. property which is

mortgaged. Who is to discharge the loan - the

estate or the beneficiary?

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Dispositions of property
Immediate legacies to surviving spouse / any

other person?
Gifts to minors - who is to hold pending majority?

To provide for maintenance and education?

Provide for changes in the future. We do not

know when the testator will die and how his

assets and liabilities would have changed by that
time.

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Dispositions of property
Providing for

beneficiary predeceasing or dying

about the same time
as testator
s. 30 Civil Law Act
Commorientes
clause

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Dispositions of property
Gifts to charities / for charitable purposes
To particular organisation
check if registered as a charity under Charities Act;
provide for change of name; activities?
any particular purpose e.g. for certain activities - state so
release trustee once money paid over

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Dispositions of property
For a particular charitable purpose
e.g. for advancement of education; for the poor

If charitable:
can overcome some rules e.g. the rule against

purpose trusts
can be tax exempt

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Dispositions Assets outside Singapore?

Movables
pass according to the law of the place of domicile -

domicile in Singapore - can pass by Will or intestacy

Immovables
pass according to the law of the location of the land

- even if domiciled here, may not be able to will it

away / must follow laws of that place

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Dispositions (contd)
Verbs to use when disposing property:
I give
I devise
I bequeath

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Dispositions (contd)
Failure of gifts
This refers to a gift in a
Will not being able to
vest in the intended
beneficiary.
Consider: If a gift fails,
what will happen to that
asset?

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Dispositions - Failure of gifts

Lapse of gift:
General rule is that beneficiary (B) must be alive

at the time of the testators (Ts) death. Therefore

if B predeceases T or dies at the same time (subj
to s. 30, Civil Law Act), B does not get anything

Exception s. 26 WA - where B is a child or other

issue of T, and B leaves issue

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Dispositions Failure of gifts

Disclaimer by B, i.e.

B refuses the gift due

to:
conditions of gift
tax implications
personal reasons

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Dispositions -Failure of gifts

Gift invalid for offending the rule against

perpetuities
Gift takes too long to vest absolutely
s. 32 Civil Law Act (2004 amendment) 100 years

perpetuity period
Estate is insolvent
Liabilities exceed assets!

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Residuary Clause and Gift Over

Residue consists of :
Undisposed part of estate. All assets not

specifically dealt with will be collected in this

clause.
Assets acquired after the Will
Gift over - in case gift to intended B1 fails, then

provide for B2 to take.

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Powers and Directions to Trustees

Trustees Act already gives powers
To reiterate that Trustees can decide in their

discretion when and how to, e.g.:

sell assets
choose investments, if necy
distribute property
continue running a business

Will Substitutes
Other ways to give property away
life insurance policy
jointly owned property
inter vivos gift, i.e.. gift made during ones lifetime
donatio mortis causa, i.e.. gift made in

contemplation of imminent death, conditionally on

death and dominion of the gift is parted with

CPF Accounts
Sections 25 & 26 Central Provident Fund Act (Cap.

36)

Nomination of a person / persons to receive CPF

monies after death of member

CPF monies devolve apart from will

No nomination made - monies vest in Public

Trustee. Intestacy rules apply

CPF investments can will away?

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Attestation and Testimonium

Testimonium - T declares he has signed
Attestation - Witnesses declare that:
T signed in their presence
They signed in his presence and in each others
presence (s. 6 WA)
Interpretation clauses?

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Non-English Speaking Testators

Translated and explained in Mandarin/Tamil
to the testator by _____________, a paralegal/solicitor
on the (date) who indicated that he/she fully
understood and consented to the contents herein
Signature of interpreter
Thumbprints and signing on behalf of testator

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Execution
s. 6(2) WA
T to sign at the foot of the will
in front of 2 or more
witnesses present at the
same time
these 2 or more also sign in
Ts presence at the same time
It is sufficient if the testator could
have seen the witnesses sign their
names had he chosen to look.
look

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Execution
The will is not properly executed and thus
void if:

one of the witnesses leaves the room before

the intended testator completes his signature.

the testator is not present when the two

witnesses subscribe their names.

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Execution
Why sign at foot of Will?
s. 6(4) WA
What if Will runs for several pages? Where should
testator sign?
Incompetent witnesses?
s. 9 WA

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Execution : Instances of Doubt

Possible challenges to
execution of Will:
Position of signature;
intervening spaces see s. 6(3) WA
Re Advani [1988] SLR

258

Amendments

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Execution : Instances of Doubt

Pens
Thumb print/

language signing in
language other than
English

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Execution
Choice of witnesses
No special qualifications
s. 10 WA - beneficiary /

spouse of beneficiary that gift is void

What if another 2
witnesses s. 10(3) WA

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Execution
Place?
If outside office, execution to be supervised
After execution?
Original
Copies
Inform Wills Registry (Insolvency & Public Trustees

Office)

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Formal Validity
Execution of the will?
s. 5 WA - Wills
executed in other
countries or by
foreigners?
Valid by the formal
requirements of
country of execution,
domicile / nationality /
habitual residence

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Updating the Will

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Next Lecture
Introduction to Probate and
Letters of Administration