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Friday, March 2, 2012

Why Make A Will?



Making a will is the only way to ensure that your wishes are carried out after your death. If you have not made a valid Will, your property will pass according to the Law of Intestacy. This may not be what you would have wished. In any event it is likely to take longer to finalise than if you had made a Will. During this time your beneficiaries may not be able to draw any money from your estate. It can mean arguments and distress for relatives. Making a Will lets your loved ones know that you cared enough to 'sort things out' in advance.
There are two reason why you should leave a will: 

1. If there is no will, distribution is under the Intestate Succession Act in respect of immovable property in Singapore and movable property where Singapore is your domicile (place where you intended to make your permanent home). This distribution may not be in line with your wishes.


2. When there is a will, the will normally appoints an executor for the estate, that is, a person to take charge of disturibution. The family would have to apply for a grant of probate, which formally recognises the executor and the will. The period of time for this process is usually shorter thatn the situation where there is no will. When there is no will, the personal representative has to be appointed by the court and there could family members competing to be the administrator. The family would have to apply for a letter of administration. This application takes longer. If your client does not wish to delay the transfer of the property to the family members or friends, who may be in hardship or inconvenience, it would be wiser to leave a will.

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