How to Contest a Will in Singapore: A Step-by-Step Guide

If you believe a loved one’s will was made under suspicious circumstances or doesn’t reflect their true intentions, you may be wondering: Can I contest the will? The short answer is yes, but there are specific legal grounds and procedures you need to know.

In this guide, I’ll walk you through how to contest a will in Singapore, when you can do it, and what to expect. This article is written for individuals who may be grieving and confused about what comes next, and want clear answers.

Quick Overview: Can You Challenge a Will in Singapore?

Yes. You can contest a will if you believe:

• The will was not properly executed

• The testator (the person who made the will) lacked mental capacity

• The testator was unduly influenced

• The will is a forgery or was fraudulently made

• There is a later valid will that overrides the current one

  
  

Legal challenges are brought in the Family Justice Courts, under the Wills Act 1838 and common law principles.

1. Who Can Contest a Will?

Generally, those with a legal interest in the estate can bring a challenge. This includes:

• Children or spouses of the deceased

• Named beneficiaries

• Individuals who would benefit under intestacy laws if the will is invalid

• Anyone who was promised something by the deceased and reasonably relied on that promise

2. Common Legal Grounds for Contesting a Will

a. Lack of Testamentary Capacity

Under Singapore law, the testator must:

• Be at least 21 years old

• Understand what a will is

• Know the extent of their assets and who they are leaving them to

Example: If an elderly person was diagnosed with dementia and made a will shortly before death, this could be grounds to contest based on mental incapacity.

b. Undue Influence

A will may be invalid if someone pressured or coerced the testator into signing it.

Example: A caregiver isolates the testator and gets them to change their will in their favour.

c. Improper Execution

According to the Wills Act 1838, a will must:

• Be in writing

• Be signed by the testator

• Be witnessed by two persons who are not beneficiaries

  
  

Failure to follow these rules can invalidate the will.

d. Fraud or Forgery

If a will was forged or created under false pretenses (e.g., pretending to be a lawyer drafting a will), it can be challenged.

3. How to Start the Process: Step-by-Step

Here’s how you can contest a will in Singapore:

Step 1: Seek Legal Advice Early

Contesting a will is complex. A consultation with a lawyer helps you assess your case and understand your options.

Step 2: File a Caveat

This is a formal notice lodged at the Family Justice Courts to prevent the grant of probate from being issued.

The caveat is valid for 6 months and can be renewed.

Step 3: File in Court

You’ll need to formally start legal proceedings by filing:

• An application to challenge the will

• An affidavit stating your reasons and supporting evidence

  
  

This may lead to court hearings and possibly mediation.

Step 4: Attend Court or Mediation

The court may encourage parties to settle via mediation, especially if family dynamics are involved.

If the matter proceeds to trial, the court will evaluate:

• Witness testimony

• Medical evidence (if mental capacity is in question)

• Expert evidence (e.g. handwriting analysis)

4. Time Limit: Don’t Wait Too Long

Once probate is issued and the estate is distributed, it gets more complicated. Timing is key.

5. Costs and Risks Involved

Contesting a will can be emotionally and financially demanding. Legal costs can vary based on the complexity of the dispute.

Important: If you lose the case, the court may order you to pay the legal costs of the other party.

6. Alternatives: When Contesting Isn’t the Best Option

Sometimes, the will is valid, but dependents are inadequately provided for. In such cases, you may apply under the Inheritance (Family Provision) Act 1966 for financial support, even if the will itself stands.

Final Thoughts: Protecting Your Rights

If something doesn’t feel right about a will, you do have options, but it’s critical to act early and understand the process. Whether you’re a concerned family member or a left-out beneficiary, it’s okay to seek legal advice before making a move.

Need Advice? Let’s Talk.

We focus on wills, probate, and family law. We can help you assess your situation and guide you through your next steps.

Schedule a confidential consultation or email us at mc@markchenglaw.com to get started.

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