Can a person who is unable to read or understand English do up a Will?
Clients who are unable to read or understand English can still make a Will.
In Singapore, it is essential that the Testator (the person making the Will) has knowledge of the contents of the Will at the time of signing. If the Testator does not understand English, a translator may be present to explain the contents of the Will.
At the point of signing, you will need to tick the translator checkbox on the final page of the printed Will and provide the translator’s details.
The Certified Estate Planner (CEP) or anyone, such as a relative, (adult) child, beneficiary, or executor, can accompany the client and act as the translator. As long as the Testator is of sound mind (e.g. has the mental capacity to make a Will), not under undue influence, and acknowledges that the Will accurately reflects his/her wishes, anyone can fulfil the role of translator.
There are no formal criteria to be a translator in the Will (e.g. translation certification/qualification), so long as the translator is proficient in English and the language read to the Testator.
If the client understands English but is unable to read (i.e. illiterate in the English language), under "Language/dialect translated in:" you can put in instead:
Read aloud in English to the testator who comprehends spoken English but cannot read it.
The final Will must be printed out in hardcopy and signed by the Testator in the presence of two witnesses. These witnesses must be above the age of 21 and cannot be beneficiaries or spouses of any beneficiaries. These requirements are also stated in our generated Will, specifically on the signing instruction on page 2 and the Testator declaration on the final witnessing page.
Important Note:
For Wills involving testators who are blind or illiterate, the Singapore courts require a supporting affidavit (i.e. affidavit of due execution) to be filed during probate application after the testator's death. The law firm assisting with the documents for probate application can help prepare this affidavit. You can read more about the affidavits requirement in the Family Justice Courts Practice Directions.