Singapore Academy of Law Looks into Establishing Wills Repository: A safe for safeguarding wills

This article was first published on 23 December 2024 in the Singapore Mandarin broadsheet, Lianhe Zaobao.

SLW obtained permission to reproduce the article to give the legal community a broader view of legal reports for various news syndicates.

Next year marks the 25^th anniversary of the Wills Registry, which currently only stores information on wills and does not hold actual wills. The Singapore Academy of Law (SAL) is now looking into establishing a wills repository, where wills can be deposited and will announce further details on a later date.

The storage of wills is an issue faced by many testators, or people who make wills. Leaving it with a close friend or storing it at home may not be the best option in case of disasters such as fires, or if the contents of the wills are leaked; handing it over to a law firm for safekeeping incurs fees.

Some have therefore suggested an upgrade of the wills registry to allow testators to store and to view the contents of the electronic copy of their will.

The Wills Registry contains information including details of the testator (the person making the will), date of the will, details of the person who drew up the will and details of where the will is held.

Lianhe Zaobao spoke to SAL about the venture, and its spokesperson stated that details would be announced at an appropriate time, “The public can continue to access SAL's Wills Registry service, which allows users to search for records of wills.”

Sim Bock Eng, partner at Wong Partnership LLP, said the establishment of a wills repository is a positive move, but, “the courts must accept the electronic copies provided by SAL for application for grant of probate, making the process seamless.”

More than half of clients unwilling to register information relating to their wills

Once a will has been drafted, Sim Bock Eng would usually suggest the client register the related information on the Wills Registry, but more than half of her clients are unwilling to do so.

“The main thing is that the registration of information on wills do not solve client’s problem as to a safe, secure and private place to keep the will, which is accessible only in their demise.” Sim observed.

Patrick Tan, founder and chief executive officer of Fortis Law Corporation, is also of the view that the wills repository would provide an invaluable service.

He said some clients want to make their will in secret without the knowledge of even their family members, so they choose to pay a law firm to safeguard their will. However not all law firms offer this service.

“Our firm offers will storage services and is currently safeguarding many wills. We have a comprehensive process to ensure the timely release of the will after the client’s death.”

Tan also reminded the public to avoid leaving their wills in a bank safe, “Because after a death, family members need the court to grant them authorisation before they can open the safe and get hold of the will.”

A company director, 49, who wished to remain anonymous, made her will in 2020, and in accordance with the advice from her lawyer, informed her younger brother, the executor of the will, of where it was stored.

“I tend to leave things around and often forget where I put them,” she explained. “If there’s a wills repository, it will save a lot of time searching for the will and also simplify the inheritance execution process.”

A woman in her 80s, who also wished to remain anonymous, still chose to place the original will in a safe at home.

“There’s no problem placing it at home, I believe my children won’t open the safe,” she said. “Even if there’s a wills depository, I won’t use it because there’s no need.”

Source: Lianhe Zaobao © SPH Media Limited. Permission required for reproduction.

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