Will vs LPA: What's the Difference?

A Will is a legal document that sets out how you want your assets to be distributed after you pass away. It lets you name beneficiaries for specific assets, appoint an executor to carry out your wishes, and — if you have young children — name a guardian for them.

In Singapore, a valid Will must be made by someone who is at least 21 years old and of sound mind. It must be in writing, signed by you in the presence of two witnesses, and those witnesses must also sign the Will. A Will only takes effect upon your death and can be changed or revoked at any time while you are alive.

A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more people — called donees — to make decisions on your behalf if you lose mental capacity. Mental capacity can be lost due to dementia, a stroke, an accident, or other medical conditions.

There are two types of LPA in Singapore. LPA Form 1 grants general powers for personal welfare and property and financial affairs. LPA Form 2 allows you to customise the powers you grant. The LPA must be signed, witnessed, and registered with the Office of the Public Guardian (OPG) before it can take effect.

An LPA is only activated when a medical professional certifies that you have lost mental capacity. Until that point, you retain full control over your own decisions. If you never lose capacity, the LPA is never used.

The most important difference is timing. A Will takes effect after you die. A LPA takes effect while you are still alive, but only if you lose mental capacity. They serve completely different purposes and cover different periods of your life.

A Will deals with asset distribution — who gets your property, savings, and belongings. A LPA deals with decision-making — who manages your finances and makes welfare decisions (such as medical care and living arrangements) if you cannot do so yourself.

Another key difference is revocation. A Will can be changed or revoked at any time, as long as you have mental capacity. A LPA can also be revoked while you have capacity, but once you lose capacity, it can only be revoked by the court. This is why it is important to choose your LPA donees carefully.

Yes, most estate planning professionals in Singapore recommend having both. They protect you in different scenarios. A Will ensures your assets go where you want after death. A LPA ensures someone you trust can take care of you and your finances if you become mentally incapacitated.

Consider this: without a LPA, if you lose mental capacity, your family must apply to the court to be appointed as your deputy. This process can take months, cost thousands of dollars, and cause significant stress — all while you need immediate care. A LPA avoids all of that.

Many law firms in Singapore offer bundle pricing for a Will and LPA together, which can save you money compared to doing them separately.

If you do not have either a Will or a LPA, the best first step is to consult a lawyer who handles estate planning. They can advise you on both documents in a single appointment and ensure everything is consistent — for example, that your LPA donee and your Will executor work well together.

For the LPA specifically, you will need to have a certificate issuer (a lawyer, doctor, or accredited psychiatrist) certify that you understand the purpose and scope of the LPA. The document must then be registered with the Office of the Public Guardian, which takes about four to six weeks.

Both documents require careful thought about who you trust to act on your behalf. Take your time choosing your executor, donees, and beneficiaries, and discuss your plans with them beforehand so they are prepared.