Will it your way.
Live your legacy and spell out your desires.
Your life, your choices. You get to decide what happens.
AS AN LGBTQ+ INDIVIDUAL
Why You Should Write A Will
Distribute your belongings according to your will
Pun aside, a will gives you the ability to dictate exactly how, to who and where you want your assets to go.
If not, your assets will automatically be distributed according to the Rules of Distribution as stated in the Intestate Succession Act.
Your will is not only limited to material assets. You also have the freedom to appoint and choose who you want to help take care of your children, pets, or whatever else you can think of.
Appoint legal guardianship for children
For children, the Court will not automatically appoint your LGBTQ+ partner as the legal guardian of your child if there is no will.
If no appropriate caregiver comes forward, the Ministry of Social and Family Development (MSF) will place children below 16 years old in a home.
Appoint a legal caregiver for your pets
Under the law, pets are considered to be assets, though we pet lovers know and love them as family members.
Without a will, this would cause your pets to be distributed as per intestate laws to your family members whether or not they are willing.
If you have no living relatives or legally recognised family, your pet will unfortunately be surrendered to the state.
How To Make A Will
Requirements For A Valid Will
- Will must be made in writing.
- You must be at least 21 years old.
- You and 2 witnesses must sign at the foot of will in each other’s presence.
- The 2 witness cannot be beneficiaries of the will. Spouses of beneficiaries also cannot be your witnesses.
What To Include In Your Will
- A list of all your assets and liabilities
How you want your debts to be paid off, and how you want your assets to be distributed.
- Who you want to give your assets to and how much they receive
If your beneficiaries are too young, a guardian also needs to be appointed.
- The executors
These are people who will carry out your will. Your executory can also be a beneficiary.
- Any advisors
These can be lawyers or accountants.
- A revocation and residuary clause
These are to revoke any and all previous wills, as well as to ensure proper distribution of your assets if any beneficiaries pass away before you do.
After you have taken these into consideration...
Drafting A Will
While you do not strictly need a lawyer to draft a will, it is best to do so to ensure that your will is valid and can be properly executed.
You can find a collated list of online will writing services under our Resources tab to get started on your will writing journey.
Should you decide to engage a lawyer, will writing services generally cost between $200 to $400 for a simple will.
If your will is more complex (e.g. owning overseas assets), your will may cost $500 and above.