Who can be (one of the two) the witness to my will?
Under the Singapore Wills Act, the restrictions for being a witness to the Will are as follows:
- Witnesses MUST be at least 21 years old.
- Witnesses 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.
Additionally, the witnesses do not need to read the Will in order to sign off as a witness. The primary function of the witness is to witness the testator signing the Will. Other than the testator, the witnesses nor anyone else needs to know of the content inside for the Will to be valid. The witnessing/signing process is included within getArrange Wills for clarity.
What if the witness is the girlfriend or boyfriend of the beneficiary and later marries them?
The key factor is the relationship status at the time of signing, not what happens afterward. The subsequent marriage of a witness to the beneficiary does not invalidate the Will's gift to that beneficiary.
Do take note that while this is true, if your client is worried about possibility of contest from other family members regarding this, we recommend obtaining another independent witness who is not related to the beneficiary if possible. This step aims to avoid any suspicions or arguments in the event of a contest, particularly regarding undue influence. It also serves as a precautionary measure to minimise potential disputes.