Marriage, Divorce, and Wills in Singapore: What You Need to Know
Many people are surprised to learn that marriage and divorce have very different effects on a Will in Singapore. If you don’t update your Will during these life changes, your estate may go to the wrong person – often an ex-spouse – leaving your intended beneficiaries with nothing.
This guide explains what happens to your Will when you marry or divorce under Singapore law, why it matters, and what steps you should take to protect your assets.
Does Marriage Revoke a Will in Singapore?
Yes. Under the Wills Act, when you get married, your existing Will is automatically revoked. The law assumes you want to provide for your new spouse and family.
This means:
- If you fail to update your Will after marriage, your new spouse may inherit everything, even if you intended part of your estate for children from a previous marriage or other loved ones.
- The only exception is if your Will was expressly made “in contemplation of marriage.” Even then, it’s always safer to draft a new Will after marriage to avoid disputes.
Key takeaway: Always make a new Will when you get married.
Does Divorce Revoke a Will in Singapore?
No. Unlike marriage, divorce does not revoke a Will. If you made a Will during your marriage naming your spouse as executor and beneficiary, that Will remains valid even after divorce – unless you make a new one.
This creates serious risks:
- Your ex-spouse may inherit your assets.
- Your ex-spouse may act as executor and control your estate administration.
- Your children or family may be left out entirely.
Key takeaway: Make a new Will as soon as you decide to divorce or immediately after your divorce is finalised.
What If You Die During Divorce Proceedings?
Many people assume that once divorce papers are filed, their spouse is no longer entitled to their estate. This is incorrect.
a. Until a Final Judgment of Divorce is granted, you are still legally married.
b. If you pass away before your divorce is concluded and you have no Will, your spouse will inherit under the Intestate Succession Act.
- If you have children, your spouse receives at least 50%.
- If you have no children but surviving parents, your spouse shares the estate with them.
c. Your spouse also has the first right to apply for Letters of Administration to manage your estate.
This can cause real distress for children from a previous marriage, who may see assets go to a step-parent instead of them.
Key takeaway: If you are divorcing, make a fresh Will immediately to prevent unintended inheritance.
Simple Rule: When to Make a New Will
a. When you get married – your old Will is revoked. Make a new one.
b. When you are divorcing or divorced – your old Will remains valid, so update it to exclude your ex-spouse if that is your wish.
c. Other milestones – having children, buying property, or significant life changes.
Failing to act means your estate could end up in the wrong hands.
Common Misconceptions About Wills, Marriage, and Divorce
- “My Will automatically updates when I divorce.” ❌ False. You must make a new one.
- “My children will automatically inherit if I die during divorce proceedings.” ❌ False. Your spouse remains entitled until Final Judgment is granted.
- “I don’t need a Will if I don’t own much.” ❌ False. Even modest estates can lead to disputes, especially in blended families.
FAQs on Wills, Marriage, and Divorce in Singapore
Q: Can I exclude my spouse from inheriting if I don’t have a Will?
No. If you pass away without a Will, your estate is distributed under the Intestate Succession Act. A Will is the only way to control who inherits.
Q: Can my ex-spouse still inherit if I forget to update my Will?
Yes. Divorce does not invalidate a Will. If you named your ex-spouse, they remain a beneficiary until you change it.
Q: Do stepchildren automatically inherit?
No. Stepchildren are not covered under intestacy rules. They must be specifically provided for in your Will.
Q: Can I make a Will during divorce proceedings?
Yes – and you should. This ensures your estate reflects your wishes even if you pass away before Final Judgment.
Speak to Our Wills Lawyers
At PKWA Law, our experienced wills and probate lawyers have over 30 years of experience helping Singaporeans protect their families. We draft clear, legally sound Wills that reflect your wishes and prevent disputes. We are trusted by families across Singapore
Contact us today to update your Will and ensure your assets are distributed the way you intend.
