Where one has young children, there are also other concerns that may arise. Can one be sure that the surviving spouse will not remarry, and if so will the children still receive the same care and attention?? Or will the surviving spouse really maintain the funds meant for the children or inadvertently fritter the funds away?

These very real concerns can be addressed in a well drafted will.

For instance, pursuant to section 7 of the Guardianship of Infants Act 1934, one can name a testamentary guardian in one’s will. A testamentary guardian will deal with the concern about who would take care of the children if one or both parents pass on.

Under the will, trustees (who may or may not be the guardian) can also be tasked to manage the monies on behalf of the children or dependents e.g. monthly disbursement of funds for their daily living but with discretion to allow more for emergencies.

If your concern is that your child may not be mature enough to handle a large sum of money at 21 years of age, your will can only be drafted such that your child only receives the lump sum later, or gets an annual or monthly payment instead.

For dependents with special needs, the need for a will is critical as parents would want to ensure that their dependents are taken care of even, after they are gone. Making provision for where they stay and who is to manage their funds (e.g. the Special Needs Trust Company) can all be dealt with in a customized will.

Special circumstances

Parents who wish to provide for an illegitimate child i.e. child born out of wedlock, should make express provision for the child, and name the child expressly in his/her will. (If one merely states a gift to a ‘child’ in the will, it is not entirely clear whether this is to include an illegitimate child.) An illegitimate child is not recognised under the Intestate Succession Act 1967.

In contrast, an adopted child is considered a child within the meaning of the Intestate Succession Act 1967. For adopted children, reference to a ‘child’ in the will, will be taken to include adopted children, unless the contrary intention appears in the will.