Defender of Wills: Financial Adviser Representatives as Witnesses in Court

𝗙𝗿𝗼𝗺 𝗔𝗱𝘃𝗶𝗰𝗲 𝘁𝗼 𝗔𝗰𝗰𝗼𝘂𝗻𝘁𝗮𝗯𝗶𝗹𝗶𝘁𝘆: 𝗟𝗲𝗴𝗮𝗹 𝗜𝗻𝘀𝗶𝗴𝗵𝘁𝘀 𝗳𝗼𝗿 𝗔𝗱𝘃𝗶𝘀𝗲𝗿𝘀 𝗼𝗻 𝗪𝗶𝗹𝗹𝘀

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As estate planning grows more complex, financial advisers play an increasingly critical (and legally sensitive) role in will execution.

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In a thought-provoking 𝘋𝘦𝘧𝘦𝘯𝘥𝘦𝘳 𝘰𝘧 𝘞𝘪𝘭𝘭𝘴 session hosted by the Singapore College Of Insurance, advisers and estate planners explored the legal, ethical, and procedural risks involved.

Expertly led by Seow Ling Low, whose decades of experience in estate disputes, mental capacity, and family law provided case-based insights on how poor advice, or even oversight, can have real-world consequences.

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𝗞𝗲𝘆 𝘁𝗮𝗸𝗲𝗮𝘄𝗮𝘆𝘀 𝗳𝗿𝗼𝗺 𝘁𝗵𝗲 𝘀𝗲𝘀𝘀𝗶𝗼𝗻:

𝗘𝘅𝗲𝗰𝘂𝘁𝗶𝗼𝗻 𝗠𝗮𝘁𝘁𝗲𝗿𝘀:

The Will must be signed by the testator in the presence of two witnesses - who must not be beneficiaries. Mistakes here can render the Will 𝘪𝘯𝘷𝘢𝘭𝘪𝘥.

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𝗬𝗼𝘂𝗿 𝗥𝗼𝗹𝗲 𝗮𝘀 𝗮 𝗪𝗶𝘁𝗻𝗲𝘀𝘀 𝗶𝘀 𝗟𝗲𝗴𝗮𝗹, 𝗡𝗼𝘁 𝗖𝗲𝗿𝗲𝗺𝗼𝗻𝗶𝗮𝗹:

Financial advisers acting as witnesses must ensure:

• The testator signs voluntarily and understands the Will's contents.

• They themselves do 𝘯𝘰𝘵 benefit from the Will directly or indirectly.

• They can testify credibly to the process if called upon years later.

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𝗠𝗲𝗻𝘁𝗮𝗹 𝗖𝗮𝗽𝗮𝗰𝗶𝘁𝘆 & 𝗦𝘂𝘀𝗽𝗶𝗰𝗶𝗼𝘂𝘀 𝗖𝗶𝗿𝗰𝘂𝗺𝘀𝘁𝗮𝗻𝗰𝗲𝘀:

Advisers should be vigilant and look out for red flags – coercion, confusion, or undue influence. Your notes and recollections may become crucial evidence to prove that the testator had full capacity when executing the will.

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𝗖𝗿𝗼𝘀𝘀-𝗘𝘅𝗮𝗺𝗶𝗻𝗮𝘁𝗶𝗼𝗻 𝗖𝗮𝗻 𝗕𝗲 𝗕𝗿𝘂𝘁𝗮𝗹:

Cases like “𝘗𝘳𝘦𝘮𝘢𝘷𝘢𝘵𝘩𝘺 𝘷 𝘋𝘳. 𝘗𝘳𝘦𝘮𝘢𝘭𝘢𝘵𝘩𝘢” show that poor documentation or vague testimony can fatally undermine a Will’s validity - even if intentions were genuine.

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𝗗𝗼𝗰𝘂𝗺𝗲𝗻𝘁𝗮𝘁𝗶𝗼𝗻 𝗶𝘀 𝗬𝗼𝘂𝗿 𝗕𝗲𝘀𝘁 𝗗𝗲𝗳𝗲𝗻𝘀𝗲:

Maintain clear, contemporaneous records of:

• Parties present

• Who explained the Will

• Language used

• Any relationships involved

• The physical setup during signing

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𝗣𝗿𝗼𝗳𝗲𝘀𝘀𝗶𝗼𝗻𝗮𝗹 𝗟𝗶𝗮𝗯𝗶𝗹𝗶𝘁𝘆 𝗶𝘀 𝗥𝗲𝗮𝗹:

Your actions, even if well-intentioned - can lead to serious legal and financial consequences. Know your insurance coverage, and ensure best practices are followed every time.

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This session was a powerful reminder that financial advisers are not just facilitators, but potential witnesses in legal suits. Neutrality, professionalism, and documentation protect both your client’s wishes and your own credibility.

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Thank you Seow Ling Low for your invaluable insights—and to all who joined.

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For more information, contact events@scidomain.org.sg

More details will follow.