A will that leaves a family member out, or that appeared late in a parent’s illness, can split a family. Singapore law allows a will to be challenged, but only on recognised grounds and with evidence. Timing matters.
Grounds for challenging a will
- Formal validity. Under section 6 of the Wills Act 1838, a will must be in writing and signed by the person making it in the presence of two witnesses present at the same time, who must also sign. A gift to a witness, or to a witness’s spouse, generally fails, although the rest of the will can stand.
- Testamentary capacity. The person must have understood that they were making a will, what they owned, and who might have a claim on them.
- Knowledge and approval. They must have known and approved what the will said. Suspicion arises where, for example, the main beneficiary arranged the will.
- Undue influence. The will was the product of coercion rather than the person’s own wishes. Persuasion alone is not enough.
- Forgery or fraud. Serious allegations that need strong evidence.
The person challenging the will must prove their case on the balance of probabilities. If a will fails, an earlier will may apply, or the estate may pass under the Intestate Succession Act 1967.
Stop the grant: file a caveat
If probate has not yet been granted, a caveat can stop a grant while your objection is examined. If a grant has already been made, you must apply to the court to revoke it, so move quickly once you have concerns.
Left out, but the will is valid?
Even a valid will can be reviewed if it leaves close family without reasonable maintenance. The Inheritance (Family Provision) Act 1966 allows certain family members, including a spouse and some children, to apply to the court. The claim must generally be made within six months of the grant of probate. Muslim estates are governed by different rules.
The evidence that decides these cases
- Medical records from around the date of the will, especially on cognition and medication.
- The will-maker’s file: the lawyer’s notes, earlier drafts and instructions.
- The witnesses to the will, and others who saw the person at the time.
- Earlier wills and statements of intention.
Resolution
Many estate disputes settle, often through mediation, once both sides see the evidence. Akesh is an accredited mediator with the Singapore Mediation Centre and acts in contentious probate and cross-border estate matters.
Common questions
How do I stop probate being granted?
By filing a caveat before the grant is made. It prevents a grant while your objection is examined. If probate has already been granted, you must apply to revoke it.
What does testamentary capacity mean?
The person making the will must have understood that they were making a will, the extent of what they owned, and who might have a claim on them, and must not have been affected by a disorder of mind that influenced the gifts.
I was left out of a parent’s will. Can I claim?
Possibly. Under the Inheritance (Family Provision) Act 1966, certain family members, including a spouse and some children, can ask the court for reasonable maintenance from the estate. The claim must generally be made within six months of the grant of probate. Different rules apply to Muslim estates.
Do these disputes always go to trial?
No. Many settle, often through mediation, once both sides understand the evidence on capacity and the circumstances in which the will was made.
Akesh Abhilash is a Singapore disputes lawyer with eleven years in practice, acting in commercial, cross-border and criminal matters before the Court of Appeal, the High Court, the State Courts and international tribunals. Read his profile.