When a person dies leaving a will, their estate is normally distributed according to the instructions in the will. However, disputes sometimes arise if family members believe the will is invalid or unfair.
In Singapore, a will can be challenged in certain circumstances. In addition, family members who were not adequately provided for may be able to apply to the court under the Inheritance (Family Provision) Act.
Can a Will Be Contested in Singapore?
Yes. A will can be challenged in Singapore if there are legal grounds to question its validity. These disputes are usually raised during probate proceedings in the Family Justice Courts.
The court will examine whether the will was properly executed and whether the testator (the person who made the will) had the mental capacity and freedom to make the will.
Common Grounds for Contesting a Will
There are several legal grounds on which a will may be contested in Singapore.
One common ground is lack of testamentary capacity. A will may be challenged if the testator did not have the mental capacity to understand the nature and effect of the will at the time it was made. This may arise if the testator was suffering from dementia or another medical condition affecting their decision-making ability.
Another ground is undue influence. This occurs when someone pressures or manipulates the testator into making or changing a will in their favour. If the court finds that the will was made under undue influence, the will may be declared invalid.
A will may also be challenged if it was not properly executed. Under Singapore law, a will must be signed by the testator and witnessed by two witnesses who are present at the same time. If these formalities are not followed, the will may not be valid.
Claims Under the Inheritance (Family Provision) Act
Even if a will is valid, certain family members may apply to the court if they were not adequately provided for.
Under the Inheritance (Family Provision) Act, the court has the power to order that reasonable financial provision be made for specific dependants.
These include the spouse of the deceased, an unmarried daughter of the deceased, a son of the deceased who is unable to maintain himself because of a disability, and a parent who was financially dependent on the deceased.
If the court finds that the will did not make reasonable provision for these dependants, it may order that part of the estate be distributed to them.
Time Limit for Claims
Applications under the Inheritance (Family Provision) Act generally must be filed within six months from the date probate is granted.
Anyone considering such a claim should seek legal advice promptly to avoid missing the deadline.
Conclusion
Although a will normally determines how a person’s estate is distributed, Singapore law allows certain challenges in limited circumstances.
Disputes may arise if the validity of the will is questioned or if dependants believe they were not adequately provided for under the will.
You may also want to read our guide on How Long Does Probate Take in Singapore.