In Singapore, a will can be challenged if it was not properly signed and witnessed under section 6 of the Wills Act 1838, or if the testator lacked mental capacity, did not know and approve its contents, or was unduly influenced. Separately, certain family members can claim maintenance from the estate under the Inheritance (Family Provision) Act 1966. The outcome depends on your specific facts, so please consult a qualified lawyer.
Finding out that a parent’s or spouse’s will leaves you less than you expected, or nothing at all, is painful. It also raises a practical question: can you do anything about it? You can contest a will in Singapore, but only on specific legal grounds. A will that seems unfair is not, by itself, invalid.
Who Can Contest a Will in Singapore?
A person with an interest in the estate can contest a will. That usually includes:
- beneficiaries named in the will who would receive more under an earlier will
- beneficiaries under an earlier will that the challenged will replaced
- family members who would inherit under the intestacy rules if the will were set aside
So yes, a beneficiary can contest a will, for example where a later will reduced their share. What matters is whether the person would be better off if the challenged will were found invalid.
Grounds to Contest a Will
| Ground | What it means |
|---|---|
| Not properly executed | Under section 6 of the Wills Act 1838, a will must be in writing, signed at the end by the testator (or by someone in their presence and at their direction), and signed or acknowledged in the presence of two witnesses present at the same time, who must also sign. |
| Lack of testamentary capacity | The testator did not understand what a will is, the extent of their property, or who might have a claim on it, when the will was made. |
| Lack of knowledge and approval | The testator did not know and approve the contents of the will, for example where it was prepared by someone who benefits from it. |
| Undue influence | The testator was coerced into making the will, so that it reflects someone else’s wishes rather than their own. |
| Fraud or forgery | The will, or the signature on it, is not genuine. |
| Revocation | The will was later revoked, for example by a later will. |
For worked examples of disputes based on capacity, undue influence and family circumstances, see 6 common inheritance disputes in Singapore.
Unfairness is not a ground. A testator in Singapore is generally free to leave their estate as they wish, including unequally among their children. See should each child get the same? The exception is the Family Provision route below, which is about maintenance, not fairness.
Act Early: Entering a Caveat
Under section 33 of the Probate and Administration Act, any person having or claiming an interest may enter a caveat after the death and before a grant of probate or letters of administration is made. Once a caveat is in place, no grant can be made until the caveator has had the opportunity to contest the applicant’s right to it.
A caveat is a protective step, not a finding that the will is invalid. It should only be entered where there is a genuine basis for concern, because the matter may then need to be resolved in court and legal costs can follow.
If Probate Has Already Been Granted
A grant is not necessarily the end of the matter. Under section 32, a grant of probate or letters of administration may be revoked or amended for any sufficient cause, for example where a will is later shown to be invalid or a later will is found. The practical difficulty is that once assets have been distributed, recovering them becomes harder, so it is important to act as soon as you have concerns.
When the Will Is Valid: Claims Under the Inheritance (Family Provision) Act
Some family members can ask the court for maintenance from the estate even if the will is perfectly valid. Under section 3 of the Inheritance (Family Provision) Act 1966, where a person dies domiciled in Singapore, the following dependants can apply if the will (or the intestacy rules) does not make reasonable provision for their maintenance:
- a wife or husband
- a daughter who has not married, or who cannot maintain herself because of mental or physical disability
- a son under 21
- a son who cannot maintain himself because of mental or physical disability
Key points:
- The claim is for maintenance, not an equal share. Provision is usually by periodic payments, which end on events such as remarriage or a son turning 21. Where the net estate is $50,000 or less, the court can order a lump sum.
- There is a strict time limit. The application must generally be made within six months from the date the grant of probate or letters of administration is first taken out (section 4). The court can extend this only in limited situations, such as the discovery of a new will.
- The court looks at the whole picture, including the dependant’s own means and conduct, and the deceased’s reasons for the way the will was written, where those can be ascertained.
How a Will Dispute Usually Proceeds
- Get advice early. Bring whatever you have: a copy of the will, any earlier will, and information about the testator’s health and circumstances when the will was signed.
- Gather evidence. Depending on the ground, this may include medical records, evidence from the witnesses to the will or the lawyer who prepared it, and messages or documents from the relevant period.
- Protect your position. Consider a caveat if probate has not yet been granted, and note the six-month limit if you may have a Family Provision claim.
- Try to resolve it. Negotiation or mediation can settle a will dispute without a trial, and is usually faster and less costly.
- Court proceedings. If there is no agreement, the court decides whether the will is valid, and deals with any Family Provision claim.
The court decides who bears the legal costs. A party who brings an unsuccessful challenge may be ordered to pay part of the other side’s costs, so have a lawyer assess the strength of your case before you start.
If you are considering a challenge, or you are an executor facing one, our team can advise on your position. See our contested probate and inheritance dispute services. Beneficiaries concerned about how an estate is being handled may also wish to read about the right to an account from the executor.
Frequently Asked Questions
Can I contest a will just because it is unfair?
No. Unfairness alone is not a ground. You would need to show a legal defect, such as improper execution, lack of capacity, lack of knowledge and approval, undue influence or fraud. Certain dependants may, however, claim maintenance under the Inheritance (Family Provision) Act.
Can a beneficiary contest a will?
Yes, if the beneficiary would be better off if the will were set aside, for example because an earlier will gave them a larger share.
Is there a deadline to contest a will?
Family Provision claims must generally be made within six months of the first grant. For challenges to the validity of a will, it is best to act before probate is granted, for example by entering a caveat, because it becomes harder once the estate has been distributed.
Does contesting a will always mean going to court?
No. A dispute can be settled through negotiation or mediation. Court proceedings are needed where the parties cannot agree.
If you are Muslim, the Administration of Muslim Law Act 1966 (AMLA) and the Syariah Court apply. This article covers civil law only.
This article is for general information only and does not constitute legal advice. Please consult a qualified lawyer for advice on your specific situation.