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Question:

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“Dear Lawyer Yeo, my name is Mr. Tan, I would like to seek your legal advice regarding estate planning.

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I have been working in Singapore for nearly 20 years. During this period, I have married my wife, who is a Singaporean, and have accumulated substantial assets, including an HDB flat, business, CPF savings, and bank deposits in Singapore.

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Other than the above, I also own several assets in Malaysia, including a house recently inherited from my late mother.

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Given that I have assets in both Singapore and Malaysia, would it be advisable to prepare separate wills in each country, or would a single will suffice? Please let me know which approach is more cost-effective and convenient for my family in the long run. Thank you.”

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Answer:

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1.    In today’s globalised world, it’s increasingly common for individuals to live, work, and accumulate assets in more than one country. While this offers many opportunities, it also raises important legal considerations when it comes to estate planning.

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2.     Take Mr. Tan’s case as an example. Although Mr. Tan may execute a single will in Singapore to cover his assets in both countries. Practically, as each country has its own independent legal system and jurisdiction, after his passing, the Grant of Probate obtained by his executor in Singaporean Court cannot be used to transfer his assets in Malaysia directly.

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3.     Instead, his executor must initiate a separate legal process in Malaysia known as the resealing of probate before the foreign grant can be recognised and enforced locally in Malaysia. This resealing process often involves additional costs and procedural complexity as it would require translations of documents, affidavits verifying foreign law, identical schedule of assets and legal representation by lawyers familiar with cross-border probate. Not all law firms are experienced in handling such procedures, which can cause delays and difficulties for beneficiaries during an emotional time.

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4.     Hence, to simplify matters, we usually recommend preparing separate wills in each country where significant assets are located. This offers several advantages:
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• Executors can apply for probate in each country independently and simultaneously.
  
  
• It avoids the need for resealing a foreign grant of probate.
  
  
• Saving considerable time and legal fees (often amounting to thousands of ringgit).

5.     However, one must take note that a standard will typically contain a revocation clause that nullifies any earlier wills. Therefore, when preparing multiple wills, it is crucial to inform the lawyers in charge about the existence of wills in other jurisdictions.

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6.     If necessary, a foreign will may include a clause such as:

“This will applies only to my assets located in Singapore/ Malaysia and shall not revoke any wills made in respect of my assets located in other jurisdictions.”

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7.     Further, the terms of the wills should be carefully drafted to complement each other and not conflict with each other.

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8.     If the testator or testatrix has already registered a nominee with a particular institution (such as for CPF, insurance policies, or EPF accounts), care must also be taken to avoid inconsistencies between the will and the nomination with the institution; otherwise, this could lead to disputes or unintended outcomes.

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9.     This wraps up our legal explanation on drafting wills across different jurisdictions. If you are facing a similar situation and would like legal assistance, feel free to reach out to us on WhatsApp: https://wa.link/q3kmv5

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