What is the witnessing / signing of the Will process like?
After the draft Will PDF is generated, it is still only a draft until it is printed out (in hardcopy) and signed by the Testator in the presence of 2 witnesses [who themselves also sign on the document]. While the consultation process with the Certified Estate Planner (CEPs) explicitly excludes the signing/witnessing of the Will, some CEPs do provide that extra assistance.
The Signing Instructions can also be found on Page 2 of the Will.
Step by Step Guide
- Have the Testator read through the Will to make sure it accurately reflects his/her wishes.
If the Testator cannot read or understand English, a translator must explain the Will’s contents in a language the Testator understands before signing. If a translator is involved, tick the translator checkbox on the final page of the printed Will, fill in the translator’s details, and have the translator sign and date it after translating to the Testator.
- Prepare the Will for signing in Singapore.
- It is recommended to sign Wills generated from getArrange in Singapore.
- However, we are unable to advise on the foreign requirements if you choose to sign the Will outside of Singapore. You will need to ensure that you also comply with that country's internal laws on the validity of the Will.
- Print the Will and have the Testator physically sign the Will on all pages TOGETHER in the presence of 2 witnesses. The Testator must sign first on all pages, in the presence of the 2 witnesses, who shall then sign on the Will in the presence of the Testator. The Testator and both Witnesses are all present at the same time and same place during their signing.
- Witnesses do not need to be lawyers, doctors, or psychiatrists. The only requirements to be Witnesses to the Will are that Witnesses must be at least 21 years old and must NOT be beneficiaries nor the spouses of beneficiaries. The term "beneficiaries" includes all beneficiaries, trust beneficiaries, remainder beneficiaries, and any substitutes for these beneficiaries in the Will.
- The details of the 2 Witnesses are to be included on the final signing page.
- The "Date of Signing" is the date on which the Will is signed by the Testator and the 2 Witnesses. The "Signing Location (Address)" is the address where signing took place.
Digital signatures or e-signatures are not allowed for Wills. The Will must be printed in hardcopy and physically signed (e.g. using a pen) by the Testator and Witnesses.
Signing TOGETHER means all three (Testator and both Witnesses) must be physically present with each other when they sign the Will. It CANNOT be staggered (e.g. the Testator signs first at his house, then send the Will over to the first witness at another place to sign etc.). All must sign together at the same time and place.
Witnesses do not need to read the Will in order to sign off as a witness. The main role of the witnesses is to witness that the Testator is of sound mind and is signing the Will voluntarily, without undue influence. Other than the Testator, neither the witnesses nor anyone else needs to know of the contents of the Will for the Will to be valid.
- Destroy all outdated Wills
- This is to prevent the outdated Will from being used instead.