Signing and Witnessing FAQ
Can an executor witness a will?
We do not recommend that an executor also act as a witness. We recommend that the witnesses be completely neutral and have no relevance to the Will, such as friends or colleagues.
Can a family member become a witness?
A family member can act as a witness, but if they or their spouse are beneficiaries, any gift to them may be invalidated. Neutral witnesses are preferred to avoid conflicts of interest or legal challenges.
What qualifies someone to be an independent witness in Singapore?
An independent witness must be an adult with no direct interest in the will or its assets. They must be mentally competent, not blind, be present during signing, and be able to confirm the Will’s execution.
How many witnesses are required for a Will in Singapore?
In Singapore, a Will must be signed in the presence of two witnesses who are both present at the same time. Each witness must also sign the Will in the presence of the testator (the person making the Will) and each other.
Can I use virtual witnessing for my Will in Singapore?
As of now, virtual witnessing is not legally recognized for Wills in Singapore. The testator and witnesses must be physically present together during the signing of the Will.
What should I do if I cannot find suitable witnesses?
If you are having difficulty finding suitable witnesses, consider reaching out to friends, colleagues, or professional services that may provide independent witnessing. Ensure they meet the legal requirements.
Can a notary public act as a witness for my Will?
Yes, a notary public can act as a witness for your Will, provided they meet the legal requirements of being an independent witness with no direct interest in the Will.
What happens if my witnesses are not present during the signing?
If the witnesses are not present during the signing of the Will, it may be deemed invalid. It is crucial that both witnesses and the testator are physically present together during the signing process.
Can I change my witnesses after signing the Will?
Once a Will is signed and witnessed, the witnesses cannot be changed. If you wish to change witnesses, you would need to create a new Will and have it properly signed and witnessed.
What should my witnesses bring when signing the Will?
They should be prepared to sign the Will in the presence of the testator and each other.
Are there any age restrictions for witnesses in Singapore?
Yes, witnesses must be at least 21 years old to legally witness a Will in Singapore.
Can I act as a witness for my own Will?
No, you cannot act as a witness for your own Will. Witnesses must be independent and have no direct interest in the Will.
What if my witnesses are unavailable on the signing day?
If your chosen witnesses are unavailable, you will need to find alternative witnesses who meet the legal requirements to ensure the validity of your Will.
How can NobleWills assist with the witnessing process?
NobleWills can provide guidance on selecting suitable witnesses and ensure that the signing process adheres to legal requirements, helping to validate your Will.
What should I do if I suspect my witnesses may have a conflict of interest?
If you suspect a conflict of interest, it is best to choose different witnesses who are completely neutral and have no relevance to the Will to ensure its validity.
Can I have more than two witnesses for my Will?
While only two witnesses are legally required, you may choose to have additional witnesses present. However, only the signatures of the two required witnesses will be necessary for the Will's validity.
What if I make a mistake while signing the Will in front of witnesses?
If a mistake is made during the signing process, it is advisable to create a new Will and have it properly signed and witnessed to ensure its validity, or follow the instructions provided by NobleWills.
Can a witness be a minor?
No, a witness must be an adult, at least 21 years old, to legally witness a Will in Singapore.
What documentation do witnesses need to provide?
Witnesses do not typically need to provide documentation when witnessing a Will, but they should be prepared to confirm their identity if required.
Can I have a professional, like a lawyer or accountant, act as a witness?
Yes, professionals such as lawyers or accountants can act as witnesses, provided they meet the legal requirements of being independent and having no direct interest in the Will.
Is it necessary for witnesses to understand the contents of the Will?
No, witnesses do not need to understand the contents of the Will. Their role is to observe the signing and confirm that the testator is signing willingly and is of sound mind.
What if my witnesses refuse to sign the Will?
If your witnesses refuse to sign, you will need to find alternative witnesses who are willing to fulfill the legal requirements to ensure the validity of your Will.
Can I have a spouse act as a witness for my Will?
Your spouse should not act as a witness to your Will. It is best to choose neutral witnesses.
How long do witnesses need to be present after the signing?
Witnesses need to be present only during the signing of the Will. Once the Will is signed and witnessed, their role is complete.
What if I need to sign my Will in a different location?
If you need to sign your Will in a different location, ensure that the witnesses are physically present with you during the signing process to meet legal requirements.
Can I use a video recording as proof of witnessing?
No, video recordings are not accepted as proof of witnessing for Wills in Singapore. Physical presence of the testator and witnesses during signing is required.
What should I do if I have concerns about the witnessing process?
If you have any concerns about the witnessing process, it is advisable to consult with a legal professional or reach out to NobleWills for guidance to ensure your Will is validly executed.
Do I need a lawyer present when signing my Will?
No, a lawyer is not required to be present when signing your Will. Provided that you follow the instructions from NobleWills and have the appropriate witnesses, your Will will be valid.
Can I sign my Will anywhere around the world?
While there are no specific restrictions on where you can sign your Will, it is important to ensure that the signing process adheres to Singapore legal requirements, including the presence of two independent witnesses. If you are signing outside of Singapore, we suggest signing your Will in a country of where you have close ties with, not a holiday location.
Can I have a friend act as a witness for my Will?
Yes, a friend can act as a witness as long as they meet the legal requirements of being an independent adult with no direct interest in the Will.
What if my witnesses are not fluent in English or Chinese?
We recommend choosing someone who is fluent in the language used in the Will to avoid any misunderstandings during the witnessing process.
Can I have my Will witnessed at a public place?
Yes, you can have your Will witnessed at a public place, provided that the witnesses are physically present with you during the signing process and meet the legal requirements.
What if I need to sign my Will but am physically unable to do so?
If you are physically unable to sign your Will, you will not be able to use our online Will service. You may need to use our Premium Will service, where alternative signing methods can be arranged. Please contact our support team for assistance.
Can I have a colleague act as a witness for my Will?
Yes, a colleague can act as a witness as long as they meet the legal requirements of being an independent adult with no direct interest in the Will.
What if I need to sign my Will outside of Singapore?
If you need to sign your Will outside of Singapore, ensure that the signing process adheres to Singapore legal requirements, including the presence of two independent witnesses. It is advisable to sign your Will in a country where you have close ties, rather than a holiday location.
Can I have a professional witness my Will for an additional fee?
At the moment, we do not offer professional witnessing services for an additional fee for Singapore. You will need to arrange for suitable independent witnesses who meet the legal requirements.
What if I have already signed my Will but did not have witnesses present?
If you have already signed your Will without witnesses, it may be deemed invalid. You will need to create a new Will and have it properly signed and witnessed to ensure its validity.
Can I have my Will witnessed at my workplace?
Yes, you can have your Will witnessed at your workplace, provided that the witnesses are physically present with you during the signing process and meet the legal requirements.
In what circumstances will I need a doctor to act as a witness?
You will need a doctor to act as a witness if you are elderly or terminally ill and there are concerns about your mental capacity. The doctor can confirm that you are of sound mind when signing the Will.
Can I have my Will witnessed at a hospital?
Yes, you can have your Will witnessed at a hospital, though if you are seriously ill or incapacitated, you will need a doctor to act as one of the witnesses to confirm your mental capacity. This will mitigate the risk of future challenges to the validity of your Will.