FAQ
Find the answers to common queries about our will-writing service.
CONTENTS:
Having a well-thought out will is always a wise move. The three common advantages are:
A will is your final act of love for your loved ones. It helps expedite settlement of your estate and avoids unforeseen complications while they are in grief.
Upon death without a will, you have effectively given up your right to decide how your assets are distributed. Your loved ones may be burdened because:
Deceased Dies Intestate Leaving: | Distribution |
---|---|
Spouse
(No parents or issue*)
|
Spouse
100%
|
Spouse, Issue
(With or without parents)
|
Spouse
50%
Issue
(To be shared equally) 50%
|
Issue
(No spouse)
|
Issue
(To be shared equally)
100%
|
Spouse, Parents
(No issue)
|
Spouse
50%
Parents
(To be shared equally) 50%
|
Parents
(No spouse or issue)
|
Parents
(To be shared equally)
100%
|
Siblings
(No spouse, issue or parents)
|
Siblings
(To be shared equally)
100%
|
Grandparents
(No spouse, issue, parent or siblings)
|
Grandparents
(To be shared equally)
100%
|
Uncles & Aunts
(No spouse, issue, parents, siblings, grandparents)
|
Uncles and Aunts
(To be shared equally)
100%
|
None of the above |
Government
100%
|
* “issue” - includes children and the descendants of deceased children.
You need to be at least 21 years old and of sound mind to write a will. There is no need for your will to be drafted, approved or witnessed by a lawyer as long as your will fulfils the legal requirements. To be of a sound mind or have the testamentary capacity:
We designed this will-writing service to be hassle-free to benefit as many people as possible. As most people do not have overseas assets and their distribution wishes are relatively simple, the simple will offered by MoneyOwl may be sufficient for you. If you have the following needs, you may wish to seek legal advice:
In MoneyOwl’s will-writing process, we will guide you in identifying your beneficiaries and the proportion of estate you intend to distribute, as well as guardians (if you have a young child), executors and trustees. For more advanced needs, you may wish to seek legal advice.
All you have to do is go through a simple step-by-step process and answer our questions. We will do the magic!
All you have to do is print it out and sign off at the end of the Will and at the bottom of every page and have your witnesses sign the same as well. Beneficiaries under the will and their spouses are prohibited from signing as witnesses. Remember, you must ensure that all signatures are witnessed in person by all parties (ie your two witnesses and yourself must all sign in the presence of one another at one sitting). Date the will immediately thereafter. You will then have a valid will!
Your will only takes effect upon death; only then will the distributions to a beneficiary take place.
The property to be disposed of in the estate in the will is the property which exists at the time of death and not the property at the date when you execute your will. Our online will currently treats all your estate (which includes all your insurance payouts and assets in banks) as a whole and distributes it among your beneficiaries in your specified portions. There are coming plans to enhance our online will further such as the option to specify certain assets e.g. bank accounts for segregated distribution. Once it is ready, users will be informed.
The following assets cannot be distributed via a will:
Your latest will revokes any previous wills. The date of a will is therefore very important. The later will, shall in the absence of other factors, usually prevails if it had a statement revoking all former wills.
No, unfortunately. Our will-writing service is an automated one. It only caters to a select few situations and pre-set inheritance options. These are generally the more common scenarios and/or choices for most people. For complex wills, we can refer you to one of our trusted partners who specialises in this aspect for which they charge a reasonable fee for their professional service.
Foreigners can be witnesses; you will need to enter their foreign ID so that the courts can easily contact them.
You will need to store your original signed hardcopy will in a safe and secure place. You need to decide whom you would like your will to be disclosed to. This person or persons must be informed of the location of the will and be able to access it when the need arises. One good place is to keep it together with your insurance policies. Putting it in locked storage may pose problems when the keys are lost. As of now, digital copies and digital signatures of wills are not acceptable in the court of law.
You should review your will from time to time to make sure it remains current and viable. These are situations where you should review and amend your will if necessary:
Be aware that you cannot alter your will by simply crossing something out or adding something new. In fact, making a handwritten change could invalidate your entire will.
If your witness passes away, your will remains valid even if the witnesses have passed away or become invalid to stand as witnesses. Their testimony stands that at point of signing, the testator was of sound mind. Usually before grant of probate, court may ask witnesses to validate the will but if they are unable to do so, will is valid but could be prone to questioning. For practical reasons, the will should be signed again with a fresh pair of witnesses. If his beneficiary also passed away, the executor will distribute your share of assets across the remaining surviving beneficiaries according to their allocation. For example, 34%, 33% and 33% to each of 3 kids. If child 1 passes away, the 34% will be distributed to the remaining two children following their new allocation percentage, which would be 50% and 50%.
As long as the drafted will is not signed by the testator (you) and the 2 witnesses, it is not valid. There is no need to make any changes to your entries in the online wills. Should you have validated/executed a will, you can supersede it by a later will.
For safe-keeping of wills, you will need to store your original signed hardcopy will in a safe and secure place. You need to decide whom you would like your will to be disclosed to. This person or persons must be informed of the location of the will and be able to access it when the need arises. One good place is to keep it together with your insurance policies. Putting it in locked storage may pose problems when the keys are lost. As of now, digital copies and digital signatures of wills are not acceptable in the court of law.
In the case of such simultaneous death, the court will deem that the older person would have passed away first and left it to the younger person. The distribution of assets will hence follow the will (if available) of the younger person. If the will specified the children as beneficiaries then it will be passed to the children. However the child must be able to inherit the property, i.e. age 21 and above and does not own a HDB flat. Otherwise the executor will hang on to the property and manage it the best way possible - either hold on till child is old enough to inherit or sell it away and split the proceeds.
The executor/trustee is given powers to distribute the funds for the interest of beneficiaries. He may decide how best to distribute e.g. encash immediately, encash later or if possible make arrangements to transfer the investments to the beneficiaries' account.
Disclaimer
MoneyOwl is not a law firm and does not give legal advice. This service is provided as a general service over the Internet and the information provided is not to be construed as legal advice and is not guaranteed to be correct, complete or up-to-date and which may change from time to time. By using this service, you acknowledge that the information, materials and content provided is for information purposes only and should not be construed nor relied upon as legal advice. This service is meant as a publishing service, and all documents provided and produced through this service are meant to provide a guideline for common and standard situations and are provided on an “as is” basis.
Please note that each person’s situation is unique and your use of this service and the Will(s) produced for your use, may not necessarily fit your particular circumstances. If you have any legal questions or if you are unsure whether the service will be suitable to meet your needs, you are advised to seek specific legal or professional advice.
MoneyOwl is not responsible for any loss, claim, liability, or damage related to your use of this.
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