The information in this blog article must not be taken to be or be constituted to be legal advice rendered by Bethel Chambers LLC. This is general information and for your specific case needs, please book a consultation with any of our lawyers through the ‘Book Your Consultation‘ tab.
Dealing with losing a loved one is a disheartening event, and it can be more challenging when you carry the task of administering their estate. The process can feel even more overwhelming if your mother leaves behind a handwritten will. Amid the grieving process, you must know what to anticipate as the person entrusted with carrying out the will.
A homemade will may be written out by the testator’s own hand with the testator’s signature. However, navigating the legalities and complexities of administering such a will can be daunting, especially during mourning. It’s essential to understand the validity of homemade wills in Singapore and the legal process of probate to ensure that the deceased person’s wishes are properly carried out.
This blog will cover what you need to know about a homemade will. Read on to learn more about the advantages and disadvantages of such wills and the steps to take if your mother’s homemade will is deemed valid.
Homemade Wills in Singapore
A handwritten will with the testator’s signature is known as a holographic will. The Wills Act in Singapore oversees the creation of wills, which may be typewritten, printed, or handwritten.
Specific vital requirements must be met for a handwritten will to be considered valid. These requirements are as follows:
Signature: The testator’s signature must be in the will at the end of the document.
Date: The will should include the date it was written to establish the timeline.
Witnesses: The testator’s signature must be witnessed by at least two witnesses who are both present simultaneously. The witnesses must also affix their signature to the will in the testator’s presence.
It’s important to note that the witnesses have additional requirements, such as being at least 21 years old and not being beneficiaries or spouses of beneficiaries under the will. For homemade wills, the Family Justice Court may seek witnesses’ affidavits before granting probate. ,
Can I Administer A Homemade Will Without A Lawyer?
While it is possible to obtain probate of a homemade will without the assistance of a lawyer, it is highly advisable to seek legal advice from the Bethel Chambers probate lawyers. The legal process of probate can be complex and time-consuming, and even tiny mistakes can lead to significant delays or legal disputes.
Consulting with a probate lawyer will enable you to understand the legal process of probate and ensure that your mother’s wishes are properly carried out. You can have peace of mind knowing that you are fulfilling your responsibilities as an executor of your mother’s estate.
Advantages and Disadvantages of Homemade Wills
Administering a handmade will has its advantages and disadvantages. Here are some of the critical factors to consider:
Advantages
Flexibility and Simplicity: Homemade wills offer a high degree of flexibility. They allow the testator to express their wishes in their own words without the need for formal legal language. This information can make it simpler and more accessible for individuals to create a will independently.
Privacy: Homemade wills are often very personal and private documents. They are usually not filed with any government authority until the testator’s death, allowing for confidentiality. This can be important for testators who value their privacy or do not want their will to be publicly accessible.
Cost-effectiveness: Homemade wills can be cost-effective for those who do not want to engage a lawyer or will-writing service. They can be written at home with minimal expense as long as they meet the formal requirements of a will.
Disadvantages
Legal Uncertainty: Handmade wills may need more clarity or contain ambiguities that can lead to disputes or legal challenges. They may need to be more precise and specific than other types of wills, making them easily contested in court. Additionally, homemade wills have a higher risk of errors or omissions.
Verification and Fraud: Verifying the authenticity of a homemade will can be challenging. Without witnesses who might have passed away by the time the will is probated, it may be more susceptible to claims of forgery or undue influence. Ensuring that the will was indeed homemade and signed by the testator can be a complex process.
Limited Estate Planning Options: Homemade wills may not accommodate complex estate planning needs, such as setting up trusts or establishing specific conditions for asset distribution. A formal will prepared with legal advice may be more appropriate in such cases.
Although administering a homemade will in Singapore offers flexibility and privacy, it also carries risks related to legal delays and potential disputes. Mitigating such risks to ensure your loved one’s wishes are correctly executed entails consulting a qualified legal professional.
Legal advice can help clarify intentions, reduce the likelihood of disputes, and ensure that the will is administered according to Singaporean laws and regulations.
Contact The Bethel Chambers Probate Lawyers
Navigating the administration of a homemade will in Singapore can be a challenging journey, especially when grieving the loss of a loved one. Knowing the benefits and drawbacks of such wills is essential to ensuring that your mother’s final desires are faithfully followed out.
Seeking legal advice can bring peace of mind, guiding you through administering your loved one’s homemade will with care and precision. By adhering to the legal requirements, you can fulfil your responsibilities as an estate administrator. Contact the Bethel Chambers probate lawyers today and help preserve your loved one’s legacy.
