By Nancy Thio and Boo Kok Chuon
A poorly drafted will can lead to costly disputes, emotional stress for loved ones, and unintended outcomes for the estate. This became painfully evident in a recent case reported by The Straits Times titled “When a ‘mysterious’ new will is used to claim a million-dollar inheritance.” The case highlights the dangers of engaging foreign lawyers unfamiliar with Singapore’s legal framework for will preparation.
The dispute revolved around a will drafted by a Malaysian lawyer that surfaced after the testator’s death. The new will drastically altered the distribution of the estate, favouring the elder sister’s two children over the testator’s three children. Its legitimacy was challenged by the son, who alleged irregularities in its preparation, execution, and witnessing.
The validity of the will was called into question because of the testimony of the main witness—the testator’s driver—who falsely claimed to have witnessed the signing of the will. Under cross-examination, the driver confessed that his testimony was based entirely on a statement drafted by the Malaysian lawyer and admitted that he had not been present during the signing. His evidence was further undermined by his inability to identify the testator’s family members and conflicting accounts regarding visits to the lawyer’s office. District Judge Shobha Nair found the will invalid and was openly critical of the lawyer’s conduct, noting his involvement in drafting the witness’s false testimony and his connections with the defence witnesses.
When High Court Judge Choo Han Teck heard the appeal, he upheld the District Judge’s findings and dismissed the elder sister’s case. Justice Choo remarked, “Had the lawyer been a lawyer in Singapore, he would have been reported to the Law Society of Singapore for disciplinary investigation.” He also noted that a lawyer who drafts a will is expected to retain a signed copy, but the Malaysian lawyer could not account for its absence. The lawyer’s involvement in drafting the witness’s statement further cast doubt on the credibility of the evidence and contributed to the invalidation of the will.
A Cautionary Parallel
This case recalls the 2015 case of Cheo Yeoh & Associates LLC and another v AEL and others [2015] SGCA 29 (“Cheo Yeoh”), where a will was invalidated because it was witnessed by only one person instead of the two required under Section 6(2) of the Wills Act. This oversight resulted in the estate being distributed according to intestacy laws, contrary to the testator’s wishes.
In both cases, lapses in proper witnessing led to the invalidation of the wills. In the present case, the Malaysian lawyer’s involvement in drafting a false statement for the driver compounded the issue, while in Cheo Yeoh, the negligence stemmed from a failure to ensure compliance with formal legal requirements. Unlike the Malaysian lawyer, the Singapore lawyer in Cheo Yeoh faced professional accountability, with the law firm being found liable for negligence.
Why Local Expertise Matters
Estate planning in Singapore requires familiarity with unique legal considerations for, amongst others, CPF savings, HDB flats, and inheritance under the Administration of Muslim Law Act 1966 (“AMLA”):
- CPF Savings: CPF monies are not distributed through wills but are governed by CPF nominations. If no nomination exists, the funds are allocated under the Intestate Succession Act 1967 for non-Muslims or Syariah law for Muslims. Foreign lawyers unfamiliar with this may wrongly include CPF savings in a will, leading to disputes and confusion.
- HDB Flats: The inheritance of HDB flats is subject to stringent conditions, such as citizenship and family nucleus requirements. Beneficiaries who do not meet these conditions may be required to sell the flat, potentially undermining the testator’s intentions.
- AMLA: For Muslims, inheritance is governed by AMLA, which distributes assets according to Syariah principles. These principles prescribe fixed shares for family members. Foreign lawyers unfamiliar with AMLA may draft wills that conflict with these requirements, making them unenforceable.
Practical Tips for Selecting the Right Lawyer
To avoid such disputes, here are some practical steps to consider when selecting a lawyer for your will preparation:
- Engage a Local Lawyer: Choose a lawyer with expertise in Singapore’s laws and familiarity with local inheritance rules, including CPF and HDB regulations.
- Ask for Credentials: Ensure the lawyer is registered with the Law Society of Singapore, which enforces strict ethical and professional standards.
- Discuss Specific Needs: Share details about your assets (e.g., CPF, HDB flats, overseas properties) and family circumstances to ensure the will is tailored to your situation.
- Verify Witnessing Requirements: Confirm that the lawyer will ensure proper witnessing in compliance with the Wills Act.
- Keep Records: Ask for a signed copy of your will and confirm that the lawyer retains one for safekeeping.
- Comprehensive Legacy Planning: A lawyer specializing in legacy planning will also advise on other important steps, such as making a CPF nomination, reviewing insurance matters, and setting up a Lasting Power of Attorney (LPA) to ensure your intentions are comprehensively protected.
Conclusion
The present case illustrates the risks of engaging foreign lawyers for will preparation. A lack of familiarity with Singapore’s legal requirements, such as proper witnessing under the Wills Act, can result in invalid wills and disputes that undermine the testator’s intentions. The involvement of a lawyer who influenced a key witness’s testimony further highlights the importance of engaging practitioners bound by Singapore’s professional and ethical standards.
When planning your estate, it is essential to consult a qualified Singapore lawyer to ensure compliance with local laws and the safeguarding of your intentions. At Omnia Law Chambers LLC, we provide expert guidance in estate planning, offering peace of mind to you and your loved ones. Contact us today to ensure your legacy is secure.