Can I specifically exclude a person from my Will (e.g. parents, siblings etc.)
Yes. However in situations where the Will of a deceased or the distribution based on the intestacy laws do not sufficiently cater to the needs of the deceased's dependents, these dependents have the option to seek a maintenance order from the court.
To exclude a person from your Will, you can key in the following in the “Select Clauses” page under Other Instructions:
It is my explicit intention to exclude my {Relationship}, {Name}, {Identification Number/details}, from any benefit, bequest, or claim to my estate, both real and personal, whether acquired before or after the date of this will. {provide reasoning}
Dependents
The legal framework in Singapore that addresses this matter is outlined in the Inheritance (Family Provision) Act. Generally, an application under this Act needs to be submitted within 6 months of the estate's administration or the execution of the will, unless the court grants an extension.
A person meets the criteria for being considered a dependent if he/she is a spouse, an unmarried daughter, an infant son (<21 yearrs old), or an adult son who is, by reason of some mental or physical disability, incapable of maintaining himself. This means that parents, ex-spouses, stepchildren, fully capable adult sons and other relatives do not qualify as a dependant. It is important to also note that this act doesn't apply to Muslims.
When determining whether to approve a maintenance order, the courts will take into account:
- the dependent's financial situation (considering past, present, and future)
- how the dependent behaved in relation to the deceased
- whether the deceased intentionally excluded the dependent from inheriting a portion of the estate for specific reasons and if they are accurate
- any other relevant factors that the court considers significant.
This means that even if a person can be considered a dependent (e.g. being a spouse, an unmarried daughter, an infant son (<21 yearrs old), or an adult son who is, by reason of some mental or physical disability, incapable of maintaining himself), it does not necessarily mean the maintenance order is automatically approved.
Unfortunately, it is difficult to try to estimate what is the minimum amount that “sufficiently provides” for the dependant due to the complexity of the aforementioned factors that will be considered by the court. Ultimately a dependant can still try to seek a maintenance order from the court and it’s approval is on a case to case basis. If you genuinely have such concerns and require a lawyer, please use the "Consult Lawyer" function in your platform and a lawyer will get in touch with you (additional charges will apply, payable to the law firm).]
There is an untrue myth that providing $1 to a beneficiary would skirt around the Inheritance Act as the deceased is supposed said to have “catered” for the beneficiary. This is complete untrue, simple because for a dependant you will need to “make reasonable provision for the maintenance of that dependant”, which means that it the dependant can still apply for the maintenance order if it is insufficient. Additionally, anyone that is not a dependant, you can simply exclude them entirely.