Kith & Kin

Statutory Wills

Statutory Will application from S$8,800 onwards.
To find out more, drop us a message and we’ll be happy to help.

Statutory Will Singapore

A Statutory Will is a will authorised by the Mental Capacity Court in Singapore on behalf of a person who does not have the capacity to make their own will. If you think your loved one is losing (or has lost) capacity, there are ways to carry out estate planning and protect them from the risk of abuse.

Why Choose Us

Our team is led by Shen Kiat TAN, a Society of Trust and Estate Practitioner with Singapore’s first dedicated multi-disciplinary practice to the representation and support of vulnerable adults. Shen, together with another close colleague has completed the STEP Advanced Certificate in Advising Vulnerable Clients. He is one out of the only 2 lawyers in Singapore to hold this respected UK industry-standard qualification.

Shen is also a registered member of the Office of the Public Guardian’s panel of professional deputies and is recognised by the Public Guardian to be a subject-matter expert in his area. He has conducted numerous training workshops for other professionals and member of the public. In 2020, Shen hosted a webinar with the Public Guardian on Deputyship.

Our Commitment to Transparent Pricing

For Statutory Wills applications, our clients pay us S$8,800 onwards plus additional costs.

Additional costs: Medical Report from Doctor certifying lack of mental incapacity, filing fees, commissioner of oaths fees and printing costs.

For more complex Statutory Wills, our professional fee will be adjusted upwards. We will provide a fee quote or a hybrid fee model (a mixture of fixed & time-costs) after the initial consultation so that you will have price clarity.

Why Do You Need a Statutory Will?

When you lose mental capacity and experienced a change in your situation that require your will to be updated (or a will to be put in place), we can apply for a Statutory Will to be made.

If you are someone with special needs and suffer from some form of learning and/or intellectual disability, you may need a Statutory Will to ensure assets or an inheritance meant for your caregiving is well-utilised. You may also want to ensure that any remainders are passed on to the next generation smoothly upon your death.

Without a Statutory Will, your estate may be distributed in accordance to intestacy rules (if you do not have a will) or in accordance with your last will (which may be out of date). Both scenarios may not be what you want.

It is advisable to take professional advice from a Later Life and Mental Capacity Law specialist before embarking on a Statutory Will application.

What You Need to Know About the Statutory Will Application Process

What is the Difference Between a Normal Will and a Statutory Will?

A normal will is made by you when you still retain mental capacity. A Statutory Will is a will made by the Court on your behalf after you have lost mental capacity and requires a detailed assessment of your wishes and intentions, made in your best interests.

How Long Does It Take to Put in a Statutory Will Application?

It can be complicated and time-consuming. A number of application forms need to be completed, medical evidence of incapacity has to be provided and a proposed draft will be submitted to the Court. Interested parties, such as family members, will be given the opportunity to comment on the Will, which could lead to amendments to the clauses and further delays. An uncontested application can take at least 6 months to complete.

In What Situations May a Statutory Will Be Appropriate?

If you need a will, or require changes to an existing will but do not possess the necessary testamentary capacity to make a will, then a Statutory Will application will be appropriate. Some scenarios include:

  • where you remarried after making your first will, but suddenly become mentally incapacitated before you make your second will, and the result of the intestacy may be inappropriate.
  • the existing will does not benefit the right people in the right way;
  • a beneficiary in the existing will has abused or stolen from you;
  • the existing will be challenged after your death as there are concerns about its validity;
  • where a specific gift in the existing will has lapsed, and some other provisions will need to be made for the specific beneficiary; 
  • the existing will is out of date and the executors and beneficiaries need replacing (e.g. a spouse who is a beneficiary has divorced you).

What Do I Need to Prepare If I Want to Be Appointed as a Deputy?

If your deputy or family member would like to discuss the need for a Statutory Will, please speak to us.

Frequently Asked Questions

Here are some commonly asked questions about Statutory Wills. Should you have specific requirements or questions, please get in touch with us and we would be happy to assist you.

Arrange for a consultation with our Head of Mental Capacity Law to explore your options.

Schedule an appointment with us today.