Mental Capacity

Loved one who lost mental capacity: Statutory Will

Areas of Concern
Loved one who lost mental capacity: Statutory Will

What is a Statutory Will

Statutory Wills are Wills that are authorised by the Mental Capacity Court in Singapore. A Statutory Will is done by the Court on behalf of a person who does not have the capacity to make their own Will.

In making a Statutory Will, the Court will consider your loved one’s wishes and intentions, under the overall rubric of your loved one’s best interests.

When is a Statutory Will required?

A Statutory Will may be required if a loved one loses testamentary capacity and a situation occurs which requires that their Will be updated (or a Will be put in place).

Without a Statutory Will, the loved one’s estate would be distributed in accordance to intestacy rules if no Will exists, or in accordance with their last Will which may not have been updated. These situations may warrant a Statutory Will to be made.

What is the application process like?

The application process may be tedious and time-consuming, generally taking at least 6 months to complete. Evidence regarding your loved one’s medical condition(s), as well as evidence relating to your loved one’s wishes and intentions are to be furnished for the Court’s assessment. Draft terms of the Statutory Will would also have to be produced for the Court’s consideration.

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