Yes- but not in the way most people think.
Many people assume that once a will is written, it is final and cannot be changed after death. That’s not entirely true.
In Singapore, families can sometimes agree to change how an estate is distributed using a document called a Deed of Family Arrangement.
What is a Deed of Family Arrangement?
A Deed of Family Arrangement (often called a “DFA” in the private client or wealth circles) is simply an agreement between family members to redistribute a deceased’s person’s assets differently from what the will (or intestacy laws) says.
Instead of going to court and fighting, the family sits down, agrees on a new arrangement and signs a legal document to record the agreement.
When is this used?
This commonly happens when:
- The will feels unfair to some family members
- Someone was left out
- The family wants a more practical distribution (e.g. one person keeps the house instead of selling it for commercial or other reasons)
- There is a risk of a legal dispute and everyone wants to avoid it
Is this Legally Allowed?
Yes- Singapore courts generally support genuine family arrangements. This is because families should be allowed to settle matters among themselves, especially to avoid disputes.
Do all Beneficiaries have to Agree?
Yes- this is crucial.
A Deed of Family Arrangement only works if all beneficiaries under a will (or if there is no will, under intestacy laws) agree and they sign the document. If even one person disagrees, the arrangement usually cannot proceed.
What if there are Children (Minors)?
This is where things get more complicated. If any beneficiary is under 21 or not legally capable of making decisions, the court may need to approve the arrangement to ensure it is in their best interests.
How is this Different from Trust Law?
You may come across a legal rule called Saunders v Vautier. In simple terms, the rule says if all beneficiaries under the trust (including under a will) are adults, they can end a trust early and take the assets.
A Deed of Family Arrangement is not the same thing, because it relies on the settlement of disputes, but if all beneficiaries are adults and agree, the result can be similar- they can rearrange how assets are distributed.
Why do Families use this instead of going to Court?
Because it is usually faster, cheaper, less stressful and better for family relationships. Court disputes over estates can take years and cause permanent damage to relationships.
Important Points to Remember
- A will is not always the final word
- Families can agree to change the outcome
- Everyone must agree
- Extra steps may be needed if children are involved
- It’s best to get a lawyer to draft the document properly, to avoid another dispute