Do You Need a Lawyer to Get a Legally Binding Will?

It’s surprising that individuals often seek out lawyers for basic Will drafting, spending significant amounts, sometimes up to a thousand dollars, in pursuit of a ‘legally binding Will’.

However, the reality is that lawyers cannot create legally binding Wills because such a concept does not exist.

Curious to know why there’s no such thing as a legally binding Will? Keep reading to uncover the answer!

But here’s a hint: Legal formalities play a crucial role. Legally binding Wills, unlike contracts, don’t exist!

While contracts create legally enforceable obligations, Wills serve a different purpose and cannot bind individuals in the same way contracts do. So, while legally binding contracts make sense, the same doesn’t apply to Wills. Remember, you can’t use a Will to legally bind anyone.

What about Legally Valid Wills?

Indeed, Legally Valid Wills do exist - but the concept might surprise you. Essentially, a Will is deemed valid only when it undergoes the process of being propounded. This term, although fancy, essentially refers to the act of proving the validity of your Will.

The process of propounding your Will occurs during Probate, a legal procedure initiated by your appointed Executor (the individual designated in your Will to distribute your assets) after your demise. Probate grants your Executor the authority to commence asset distribution.

In order to propound your Will, the Executor typically needs to demonstrate the following:

1. You were of sound mind and at least 21 years old when creating the Will ¹.
2. You were aware of and consented to the contents of your Will.
3. The Will complies with all legal formalities outlined in section 6 of the Wills Act, including the requirement for you and two (or more) witnesses to sign at the end of the Will in each other’s presence ².

Only after the Will is successfully propounded can it be deemed legally valid. As such, the validity of a Will is not contingent on whether a lawyer drafts it or not.

If you want to find out more on the eligibility and responsibilities of an Executor, we discuss all about it in our article here.

What Really Matters - Formally Valid Wills

Indeed, there is no concept of “legally binding Wills,” and even before Probate, Wills are not considered legally valid until they are propounded. However, as legal documents, Wills must adhere to certain requirements.

As mentioned earlier, Wills must comply with the legal formalities outlined in section 6 of the Wills Act ³. Wills that meet these formalities are termed “formally valid Wills.”

Lawyers cannot provide you with a legally valid will, as this can only be determined after the Will is propounded, a process initiated after your passing. However, what they can offer is a formally valid Will – one that adheres to the formalities outlined in Section 6 of the Wills Act.

Now, you might wonder if it’s better to leave all the legalities to lawyers and pay their hefty fees. After all, how can you ensure that a self-drafted Will complies with all legal formalities?

Here’s the secret: With WillCraft, you can draft a formally valid Will starting from just S$99 ⁴, without the need for a lawyer. In fact, you don’t even have to leave your home!

Rest assured, we’re here to assist you every step of the way. With our service, you can obtain a formally valid Will for as low as $99 ⁵. Once you’ve completed our user-friendly interface, simply print out the document and follow our executor instructions for signing – it’s that simple!

_“What lawyers can guarantee you is a Will that’s compliant with necessary legal formalities. But so can WillCraft, and at a fraction of the price!” _

Our interface breaks down the process and guides you through it effortlessly. Just answer a few questions, and you’ll have a legally compliant Will ready for signing

But, I Still Want a Lawyer

We understand that having a lawyer review your Will can provide added peace of mind. That’s why we offer a lawyers’ review and the presence of two witnesses for just $79 ⁶. With this option, your draft Will can be reviewed by our own lawyers and witnessed by two others, ensuring its compliance with legal requirements. Simply opt for the option within our interface, and we’ll take care of the rest!

WillCraft is the new-age solution to will drafting. Whether or not you want to complete it at home with no fuss, or have a lawyer review it for that peace of mind, WillCraft can sort you out at a fraction of the price of traditional law firms. Plus, trying our interface is absolutely FREE!

-CTA- Click here to try WillCraft for FREE now!

Want to know more about us?

Explore our Packages and Pricing page, where we offer transparent options for different services, all with flat fees and no hidden costs. Additionally, find answers to your most pressing questions on our FAQs page.

-CTA- Click here to learn more about WillCraft!