How to write special terms in wills to prevent family fights

Let’s face it: If everyone is nice and decent, there would be no need to have wills. Assets would just pass on smoothly to all deserving beneficiaries.

But the reality is just plain ugly – even if you named beneficiaries, it is hard to stop other relatives from wanting a share of your assets, especially if you are wealthy.

If the stakes are high, such people can file lawsuits just to pressure beneficiaries into making a payment as a settlement.

So if you know there are potential troublemakers likely to harass your beneficiaries, you can make their scheming much harder by having such an exclusion clause: “I declare that I have considered A, B and C and have decided not to give them anything.”

With such a clear statement, the only way that A, B and C can have the slightest chance of winning is to prove to a judge that you were not mentally sound when signing the will.

What if your beneficiaries are the ones likely to sue each other the moment you are no longer around? You can have a clause about that too.

Some top legacy lawyers here help their wealthy clients write special clauses in wills, stating that if any of the beneficiaries were to contest the will, they would receive nothing.

“You will be amazed how many clients are concerned that there should not be any litigation or ‘airing of dirty laundry’ when they are gone,” said one lawyer.

That the courts in Singapore have yet to hear cases involving such a clause could be a sign that it is effective in making people think twice before making a fuss over a will.

Here are two other tips on writing a will.

1. Have ‘two wills’ in one 

Many couples have simple wills that designate each other as the beneficiary of their assets. While there is nothing wrong in such an arrangement, the downside is that the document will be invalid if the sole beneficiary dies first.

This can be avoided if you have a contingency term in your will that names another set of beneficiaries should your spouse die before you.

This is prudent because, sometimes, a person may not even get a chance to make another will if tragedy, such as a pandemic, hits the whole family.

2. Never write your own will

There are many examples of wills online but do not copy these for yourself.

Don’t be penny wise and pound foolish when it comes to such things because you are not saving any money when you write your own will; you are merely putting your beneficiaries at risk and may cost them a lot more money.

Lawyers recounted a case involving a woman who wrote her own will, saying she wanted to give all her assets to her four children in equal shares. Indeed, all the children were present when she signed the document.

But this will was not valid because two witnesses are required to sign the document.

Even if two of the children offered to sign as witnesses, they would deprive themselves of any share because witnesses cannot inherit anything from the estate.

If you engage a law firm to write your will, you can do this alone because two lawyers will usually act as your witnesses.

Complications that come with legacy planning should make you think about doing some things differently; why leave things undone upon your death when you can achieve a lot more when you are still around?

For instance, a wise lawyer advises wealthy parents to consider helping their children who are in need while they are still around, rather than wait for the money to be passed on as an inheritance.

“It is more fulfilling to see the happy faces of your children when you are still able to. If you are going to give the money to them anyway, why wait until you die to do so?” she adds.

Source: The Straits Times © SPH Media Limited. Permission required for reproduction.

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