Why You Need Both a Will and an LPA

A Will and an LPA serve different — but equally important — purposes. A Will is a legal instrument that specifies how your assets are to be distributed upon your death. Without one, Singapore's intestacy laws will determine how your estate is divided, and the outcome may not align with your wishes. An LPA, on the other hand, is a legal document that allows you to voluntarily appoint one or more trusted persons to make decisions on your behalf should you lose mental capacity during your lifetime.

Together, these two documents provide comprehensive protection: the Will takes care of what happens after you pass away, while the LPA covers the period before death if you become incapacitated. Ignoring either one leaves a significant gap in your planning.

Legal Requirements for a Valid Will in Singapore

Singapore's law of succession is primarily governed by the Wills Act. For a Will to be legally valid, the following formalities must be met:

• Written form: The Will must be in writing — handwritten or typed.
• Age requirement: The testator must be at least 21 years old (with limited exceptions for those in active military service or mariners at sea).
• Signature: The testator must sign at the foot or end of the Will.
• Two witnesses: The signature must be made or acknowledged in the presence of two or more witnesses present at the same time.
• Witness signatures: Both witnesses must also sign the Will in the presence of the testator.
• Witnesses cannot be beneficiaries: The witnesses must not be beneficiaries of the Will, nor the spouses of any beneficiary.
• Sound mind: The testator must possess testamentary capacity — that is, be of sound mind at the time of signing.

Note that these requirements apply to non-Muslim Singaporeans and residents. Muslim inheritance law (Farā'id) follows a separate set of rules administered under the Administration of Muslim Law Act.

Step-by-Step: Drafting Your Will

Step 1 — Take Stock of Your Assets and Liabilities

Before putting pen to paper, compile a complete inventory of everything you own: HDB flats, private property, bank accounts, shares, unit trusts, insurance policies, business interests, vehicles, jewellery, and any overseas assets. Also note outstanding liabilities such as mortgages, hire-purchase agreements, and significant debts. This inventory forms the foundation of meaningful distribution instructions.

Step 2 — Identify Your Beneficiaries and Their Shares

Decide who should receive what. Be specific: name each beneficiary using full legal names and NRIC or passport numbers where possible. Determine the method of distribution — whether lump sum, percentage-based, or conditional. If any beneficiary is a minor, consider setting up a testamentary trust to manage their inheritance until they reach 21.

Step 3 — Appoint an Executor

Your executor is the person responsible for administering your estate — settling debts, paying taxes, and distributing assets according to the Will. Choose someone you trust who is over 21, of sound mind, and financially competent. You may appoint more than one executor, and in some cases a beneficiary can also serve as executor. Many people appoint a lawyer or professional trustee to avoid burdening family members.

Step 4 — Appoint Guardians (If You Have Minor Children)

If you have children under 21, appoint up to two legal guardians who will care for them in the event both parents pass away. Discuss this role with your chosen guardians beforehand to ensure they are willing and able to take it on.

Step 5 — Include Essential Clauses

A well-drafted Will should contain the following:

• Revocation clause: Declares that this Will supersedes all previous Wills and codicils.
• Residuary clause: Specifies who inherits any assets not explicitly mentioned, after debts and funeral expenses are settled.
• Backup beneficiaries: Names alternate recipients in case a primary beneficiary predeceases you.
• Advisors: Names and contact details of any professional advisors (lawyers, accountants, financial planners) involved in your estate.

Step 6 — Execute the Will Properly

Sign the Will at its foot in the simultaneous presence of two independent witnesses. The witnesses must then sign in your presence. Do not allow any beneficiary or their spouse to act as a witness. Consider obtaining a medical certificate of sound mind from a doctor immediately before execution, particularly if you are elderly or have any health condition that might later be used to challenge the Will.

Step 7 — Store Safely and Register

Keep the original Will in a secure, accessible location — such as with your lawyer or a Will custody service. Inform your executor and a trusted family member where the original is kept. You may also register key details (not the Will itself) with the Wills Registry, maintained by the Singapore Academy of Law. The Registry records the testator's name, date of Will, drafter's details, and where the Will is held — useful if your family is unsure whether a Will exists.

Understanding the Lasting Power of Attorney

The LPA is governed by Singapore's Mental Capacity Act and is registered with the Office of the Public Guardian (OPG). It allows a person aged 21 or above (the Donor) to appoint one or more trusted individuals (the Donees) to make decisions on their behalf in two broad areas: personal welfare and property & affairs.

Without an LPA, your loved ones would need to apply to court for a deputyship order — a process that is far more expensive, time-consuming, and stressful. Mental incapacity can strike anyone, at any age, through dementia, stroke, brain injury, or a sudden medical emergency.

Form 1 vs Form 2

Step-by-Step: Making an LPA in Singapore

Step 1 — Choose Your Donee(s)

Select one or two people you trust who are aged 21 and above. Think carefully: your donee may need to handle bank accounts, pay medical bills, manage property, or make welfare decisions on your behalf. You may also appoint a replacement donee in case your primary donee is unable or unwilling to act.

Step 2 — Draft the LPA Online via OPG Online (OPGO)

Log in to the OPGO portal using your Singpass. Select either Form 1 (general powers) or Form 2 (customised powers). For Form 2, you will need to engage a lawyer to draft the specific clauses. Fill in the required details and appoint your donee(s). Your donee(s) must then log in to OPGO via their own Singpass to review the LPA and formally accept their appointment.

Step 3 — Visit a Certificate Issuer

After your donee(s) have accepted, you must visit a Certificate Issuer (CI) — an accredited medical practitioner, practising lawyer, or registered psychiatrist — to have your LPA certified. The CI verifies that you understand the purpose and implications of the LPA and are not acting under duress. Only the Donor needs to be present; donees do not need to attend.

Step 4 — Submit and Wait for Registration

The certified LPA is submitted to the OPG via OPGO. There is a mandatory 3-week waiting period during which objections may be lodged. If no valid objections are received, the OPG registers your LPA, and you will be notified of its status.

Step 5 — Activating the LPA (When Needed)

An LPA only comes into effect when the Donor loses mental capacity. To activate it, take the Donor to a registered doctor to obtain a medical certificate confirming the loss of capacity using the OPG's Medical Report Template. Present the LPA and medical certificate to the relevant institution (e.g. bank, insurer) to begin managing the Donor's affairs.

LPA Fees & Recent Changes (2026)

The Singapore government has made significant moves to encourage more citizens to plan ahead:

• From 1 April 2026: Singapore Citizens can apply for an LPA using Form 1 free of charge (previously S$75).
• From 1 May 2026: All other LPA applications using Form 1 and Form 2 will enjoy reduced fees.

Applicants must still pay a separate professional fee to the Certificate Issuer for the certification appointment. Fees for doctor-certified LPAs at clinics typically start from around S$70. No refund is given once the LPA application is submitted to the OPG, regardless of the outcome.

Critical Mistakes to Avoid

Will-Related Pitfalls

1. Procrastinating: Unexpected events can occur at any time. Delaying your Will means your estate could be distributed under intestacy rules that do not reflect your wishes.
2. Using vague language: Ambiguous phrases like “my property goes to my family” can lead to costly litigation. Be precise about assets, beneficiaries, and percentages.
3. Failing to update after major life events: Marriage, divorce, the birth of children, or significant changes in your financial situation should all trigger a review of your Will.
4. Having beneficiaries serve as witnesses: This invalidates the gift to that beneficiary, potentially undermining your entire plan.
5. Forgetting overseas assets: If you hold assets in another jurisdiction, consider separate Wills for each country to avoid probate complications.

LPA-Related Pitfalls

1. Choosing donees without serious thought: Your donee will have extensive powers over your finances and welfare. Pick someone reliable, competent, and trustworthy.
2. Not discussing the role with your donees in advance: They need to understand the responsibilities and agree willingly.
3. Using Form 1 when you need Form 2: If you have complex asset structures, business interests, or specific care preferences, a customised LPA (Form 2) drafted by a lawyer may be necessary.

Key Takeaways

• A Will controls asset distribution after death; an LPA protects you during incapacity while alive. You need both.
• A valid Will in Singapore must be written, signed by the testator (aged 21+), and witnessed by two independent witnesses who are not beneficiaries.
• The LPA process has been digitalised — you can draft it online via OPGO, have donees accept digitally, and visit a Certificate Issuer for certification.
• From April 2026, Singapore Citizens pay no application fee for a Form 1 LPA.
• Store your original Will safely and register details with the SAL Wills Registry.
• Review both documents whenever you experience a significant life event.
• Engaging a qualified Singapore lawyer — while not legally required for a basic Will or Form 1 LPA — significantly reduces the risk of errors, ambiguity, and future disputes.

Frequently Asked Questions

Secure Your Future — Speak With a Singapore Estate Planning Lawyer

Whether you are drafting your first Will, updating an existing one, or making an LPA, working with a qualified lawyer ensures your documents are legally sound and truly reflect your intentions. At IRB Law LLP, our experienced estate planning team guides clients through every step — from asset inventory to execution and registration. Contact us today to schedule a consultation and take the first step toward comprehensive protection for yourself and your loved ones.