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 a requirement that the Testator (the person making the Will) must understand the contents of the Will at the time of signing. If the Testator cannot read or understand English, a translator must explain the contents of the Will in a language they understand before they sign.
Who can be a translator?
The translator’s role is to ensure the Testator fully understands the Will, and to confirm this by signing the translator section at the end of the Will. There are no formal requirements or qualifications needed to be a translator for the Will. The translator just needs to be proficient in English and the language used to communicate with the Testator.
The Certified Estate Planner (CEP), or anyone, such as an adult relative, child, beneficiary, or executor, can accompany the Testator 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.
What to do when a translator is needed?
The translator must read and explain the finalised Will to the Testator. This translation must be done before the Testator signs the Will.
Once the translation is done, 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.
If the Testator understands spoken English but cannot read (i.e. illiterate in the English language), under "Language/dialect translated in:" you may write this instead:
Read aloud in English to the testator who comprehends spoken English but cannot read it.
Finally, for the Will to be valid, the printed hardcopy Will must be signed by the Testator in the presence of 2 witnesses. The Testator must sign first, followed by the 2 witnesses, all present at the same time. These witnesses must be at least 21 years old 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 that appears to have been signed by a blind or illiterate testator, or if there is some doubt about the signing of the Will, the Singapore court may 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.