Before you begin
If you're based in Singapore but hold accounts or property in other countries, the first thing to work out is how complex your estate is – that's what shapes whether one will can cover everything, or whether you're better off with separate wills for different countries. A few quick questions to gauge it:
- Do you have assets in more than two countries?
- Are any of those countries governed by a legal system other than common law (the system Singapore follows)?
- Do you own immovable property – land or real estate – outside Singapore?
If you answered yes to two or more, your estate is on the more complex side, and it's worth getting legal advice alongside anything you read here.
How should I handle assets in multiple countries?
Broadly, there are two ways to go, and which one fits depends on where your assets are and how complex things get.
Option 1: A single will
One will can cover all your assets, wherever they are. It keeps things simple – one executor, one set of instructions, and no confusion about which document reflects your wishes. The trade-off is that probate can take longer, because a single will often has to be recognised and administered in each country in turn. This tends to work best when most of your estate is in Singapore and only a little sits overseas, such as a bank account.
Option 2: Separate wills for each country
Assets are generally governed by the law of the country they're in – and immovable property, like land or a home, always is, wherever your will is made. Separate wills let the executor in each country get on with the process there without waiting on the others, which can save time and cost. This suits more complex estates with significant assets spread across several countries. The thing to get right is coordination: each will needs a carefully limited revocation clause so a later one doesn't cancel an earlier one (see below), which is why this route usually calls for a lawyer.
Handling more than one will
If you hold assets in more than one country, you may end up with more than one will – for example, a Singapore will alongside one you made abroad. The thing to watch is the revocation clause. Most wills begin by revoking all earlier wills, and if that wording is broad, a new will can cancel one you made in another country without you meaning to.
Where you keep separate wills for different countries, each one should limit what it revokes – so your Singapore will deals only with your Singapore affairs and leaves your wills elsewhere untouched, and vice versa. Getting this right across countries is genuinely complex, so it's worth speaking to a lawyer who handles cross-border estates before you finalise anything.
How a MakeGoodwill will handles this depends on where you live:
- If you're resident in Singapore, your MakeGoodwill will is designed to cover your worldwide assets, and it revokes all of your earlier wills – including any you've made in another country. So if you already have a will abroad that you want to keep, please consult a lawyer and obtain independent legal advice before you create your Singapore will, so your existing arrangements aren't revoked by accident. If you don't have a will abroad and you have assets situated outside Singapore, you should seek independent legal advice in the relevant jurisdiction to ensure that this will is recognised and effective there. If you move out of Singapore, you should also seek legal advice to ensure that this will continues to be valid.
- If you're resident outside Singapore, your MakeGoodwill will covers only your Singapore-situated assets, and it revokes only your earlier wills relating to Singapore – your wills elsewhere stay in place. You should seek independent legal advice to ensure that your existing wills are not inadvertently affected, and that the execution of this will satisfies the legal requirements of and is valid according to the laws of your country of residence.
Putting this into practice
If most of your assets are in Singapore and you don't already have a will elsewhere, a single Singapore will is usually the simplest way to cover everything. If you're resident here, your MakeGoodwill will is designed to cover your worldwide assets.
If you already have a will in another country, don't assume a new Singapore will sits neatly alongside it. For a Singapore resident, a MakeGoodwill will revokes all earlier wills, so your existing foreign will could be cancelled. Please consult a lawyer and obtain independent legal advice first, so your wills can be coordinated – often with each one limited to the country it covers.
If your estate is more complex – assets spread across several countries, or property held overseas – separate, carefully coordinated wills are usually the better route. Bear in mind too that property abroad is generally governed by the law of the country where it sits, whatever your will says. This is a conversation to have with a lawyer who handles cross-border estates.
What else can I do beyond making a will?
Merge your assets
Consolidate assets to simplify distribution – create a single investment portfolio or sell properties and deposit proceeds into one bank account.
Joint ownership
When an asset is held in joint names with a right of survivorship, it passes automatically to the surviving owner when one owner passes away, without going through probate. That can keep things simple – but it also means the asset falls outside your will, and you give up sole control of it while you're alive. It's a decision with real trade-offs, so it's worth getting advice before you change how you hold an account or a property.
Setting up a trust
Assets you place in a trust are held by a trustee for the people you choose, and pass to them without going through probate. Trusts can help in more complex situations – providing for young children over time, or managing assets across countries – but they're specialist estate planning, and not something MakeGoodwill offers. If a trust might suit you, please consult a lawyer and obtain independent legal advice.
Important: While these steps are useful, making a will remains essential. Without one, asset distribution follows local laws, potentially resulting in unwanted outcomes.
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