Heba, Gift Deed & Will Registration in Singapore 2025 – How to Register Hiba, Gift Deed & Will

If you are living in Singapore or hold assets there and you want to ensure your wealth and property are transferred in accordance with your wishes, either during your lifetime or after your death, you need to understand the difference between a Hiba (gift), a Deed of Gift, and a Will.

• Hiba / Gift Deed: A transfer of ownership of property (or assets) from one person (the donor) to another (the donee) while the donor is alive. In Singapore, this is often documented by a formal Deed of Gift.
• Will: A legal document that expresses your wishes for how your estate (assets, property, personal belongings) should be distributed after your death.

At Dewey & LeBoeuf LLP, we provide comprehensive services to draft, review, and gift deeds and will registration in Singapore, ensuring your legacy is protected and your wishes are legally enforceable.

This article explains how Hiba / Gift Deed and Will registration works in Singapore (2025), the formal requirements, the benefits of doing so, and how we at Dewey & LeBoeuf LLP can support you throughout the process.

Why You Should Consider Hiba / Gift Deed or Will Registration

Provide clarity and avoid disputes

Without a proper Will or Gift Deed, distribution of assets may fall under the default laws, which often may not reflect your wishes. A Will or Gift Deed gives you control over who inherits what. As pointed out by the official estate‑planning resource, a Will helps you give your money and other assets to the people you choose.

Legal validity and peace of mind

A properly executed Will or Gift Deed reduces the risk of challenge after your death or before. This is especially important for expatriates, foreigners owning property in Singapore, or individuals with complex estates. Under Singapore law, as long as your Will meets the formal requirements — in writing, with proper signatures and witnesses — it is valid.

Ease of transfer for properties and assets

For real property, a Gift Deed must be registered with the Singapore Land Authority (SLA). Once properly registered, the donee obtains legal ownership and the transfer becomes enforceable.

Provide for loved ones and secure your legacy

A Will allows you to name beneficiaries, decide shares, appoint executors, and even appoint guardians for minors. This ensures your loved ones are cared for according to your wishes.

Hiba / Gift Deed in Singapore — What It Is and How It Works

What qualifies as a valid Gift / Hiba in Singapore

When gifting assets or property via a Gift Deed (Hiba), certain criteria must be satisfied to make the gift legally valid and enforceable. For real property:

• The donor must be at least 21 years old and mentally competent.
• The asset must be clearly and precisely identified in the Deed of Gift. Ambiguous descriptions may nullify the gift.
• If gifting property such as HDB flats or leasehold properties, any relevant regulatory or lease restrictions must be observed. For example, certain ratio restrictions or lessor’s consent may apply.
• The Deed must be properly executed, signed, sealed and witnessed by an independent party not benefiting under the Deed.

Steps to execute a Deed of Gift

1. Engage a qualified lawyer or law firm — Drafting a Deed of Gift requires precision, especially for real estate.
2. Draft the Deed of Gift — Clearly indicate donor, donee, full description of assets, and intention to gift without consideration.
3. Sign and witness the Deed — The donor signs in presence of an independent witness, who also signs. The witness must not be the donee or beneficiary of the gift.
4. Lodge the deed for registration with SLA — For property gifts, the deed must be lodged electronically via the SLA’s portal (INLIS or ELS). Only after registration does legal ownership pass to the donee.
5. Pay any required stamp duty or fees — Depending on the nature of the property gifted (residential, commercial, industrial), applicable duties or tax implications may arise.

Important considerations and limitations

• HDB flats have special restrictions: gifting to non‑family or certain classes may be limited.
• If a property is mortgaged or under CPF charge, clearance of mortgage or CPF obligations may be required before gifting.
• For assets outside Singapore, local laws of the country in question would apply. Singapore law cannot guarantee validity of cross‑border gifts.

Because of these complexities, it is often prudent to engage experienced legal counsel rather than attempt DIY gift transfers.

Will Registration in Singapore — What You Should Know in 2025

Is Will registration mandatory?

Registration of a Will is not mandatory in Singapore. Many individuals assume that once a Will is registered, it becomes automatically valid. That is a misconception. Validity of a Will rests on meeting formal requirements under law, not on registration.

However, registering the details of your Will with the Singapore Academy of Law (SAL) Wills Registry can provide considerable practical benefits.

What information is stored in the Wills Registry

When you register with SAL, you provide:

• Your personal details (name, date of birth, contact details)
• The date of your Will
• Information about the lawyer or law firm who drafted your Will
• The physical location of the original Will (e.g. deposit box, lawyer’s vault, safe)

Importantly: the Registry does not store the Will document itself. It does not affect validity.

Why registering with SAL is often recommended

• It helps executors or family locate the Will after your death, even if you forget where you stored it. This reduces stress and delays during probate.
• If your Will was drafted by a lawyer, registration provides a credible trace to the drafting firm — useful if original gets lost or challenged.
• It adds a layer of security and reduces the risk of uncertainty about whether a Will exists.

How to make a will valid in Singapore (formal requirements 2025)

To ensure a Will is legally binding under the Wills Act (Cap. 352) (as applied in Singapore), these conditions must be strictly met:

• The testator (person making the Will) must be at least 21 years old and of sound mind.
• The Will must be in writing (typed or handwritten). Oral or video wills are not valid.
• The testator must sign the Will at the end (foot) of the document. If they cannot sign, they may direct someone else to sign on their behalf in their presence.
• The signature must be witnessed by at least two independent witnesses. These witnesses must: be at least 21 years old, of sound mind, and must sign in the presence of the testator. Witnesses cannot be beneficiaries or spouses of beneficiaries. A beneficiary witness will void their inheritance under that Will.
• The Will must be made voluntarily without undue influence, coercion or fraud.

Once executed correctly, the Will is valid. If your Will doesn’t satisfy all requirements, it may be declared invalid — and your estate will be distributed according to intestacy laws.

After the Will is executed: storage and review

• Store the original Will in a secure place — preferably a law firm’s vault, bank safe‑deposit box, or other fireproof, secure storage. Many law firms offer will‑custody services.
• Inform your executor or a trusted family member about the location, so they can retrieve the Will when needed.
• Register the Will details with SAL’s Wills Registry for easier discovery by loved ones or executors after your death.
• Review and update your Will periodically — especially after major life events such as marriage, divorce, birth of children, acquiring new assets, or moving overseas.

Hiba vs Will: When to Use Gift Deed and When a Will Makes Sense

Hiba / Gift Deed

Use a Gift Deed when you want to transfer ownership during your lifetime. This can be helpful when:

• You want to help children, family members, or loved ones immediately.
• You want to shift ownership of a property or asset now — perhaps for business planning, tax planning or inheritance planning.
• You want to avoid potential disputes among heirs after your death by distributing certain assets early.

Given the need for registration with SLA for property gifts, professional legal assistance is strongly recommended.

Will

Use a Will when you wish to determine how your estate is distributed after your death. A Will is more flexible: you can allocate different assets to different beneficiaries, provide for multiple heirs, assign an executor, protect minor children, or include special instructions (guardianship, conditions).

For many individuals — especially expats, foreigners with Singapore assets, or those with complex estates — a properly drafted Will offers the most efficient and controlled way to ensure their wishes are honored.

In many cases, combining both strategies (gifting some property during lifetime via Gift Deed, and distributing the remainder of assets via Will) can provide optimal estate planning.

Common Pitfalls and Why Professional Legal Help Matters

Even though the idea of writing a Will or a Gift Deed might seem straightforward, there are many pitfalls:

• Gifting property without clearing mortgages or CPF charges may render the transfer invalid.
• Using beneficiaries or their spouses as witnesses for a Will — this invalidates their gift under the Will.
• Failing to identify assets clearly in a Gift Deed — property description must be precise to avoid disputes.
• Misplacing the original Will — without registration or custody service, loved ones may struggle to locate it when needed.
• Failing to update the Will after major life events — leading to outdated distributions or unintended consequences.

Because of these complexities, engaging an experienced law firm like Dewey & LeBoeuf LLP ensures your documents are legally sound, properly executed, and stored securely.

How Dewey & LeBoeuf LLP Helps You Register Hiba / Gift Deed & Will in Singapore

At Dewey & LeBoeuf LLP we offer full-suite estate planning services tailored for individuals, families, expatriates, and foreign investors in Singapore. Our services include:

• Legal consultation to determine whether a Gift Deed, Will, or a combination is best for you
• Drafting and reviewing Deed of Gift or Will according to your personal circumstances and assets
• Ensuring compliance with all formalities under Singapore law: age, capacity, signatures, witnesses, documentation, registration requirements
• Lodging and registration of property Gift Deeds with the Singapore Land Authority (SLA)
• Advising on tax, stamp duty, CPF charges, mortgage clearance or other relevant obligations before gifting property
• Safekeeping and custody of your original Will or Gift Deed, with trusted storage and secure vaults
• Registration of your Will details with the Wills Registry at the Singapore Academy of Law (SAL) for peace of mind and easier retrieval
• Periodic review and updating of your estate planning documents to reflect changing life circumstances

With our global expertise and regional insight, we make estate planning in Singapore simple, secure, and tailored to your needs.

Frequently Asked Questions (FAQ)

Conclusion and Next Steps

Proper estate planning — whether through Hiba / Gift Deed or Will registration — is vital if you hold assets in Singapore, care for loved ones, or want your legacy to be honoured. Mistakes or omissions can lead to lengthy disputes, invalid transfers, or unintended consequences.

At Dewey & LeBoeuf LLP, we combine global legal expertise with deep regional insight to make gift and will planning in Singapore seamless, compliant, and tailored to your unique circumstances.

If you want to safeguard your assets, protect your loved ones’ future, or clarify your legacy, we are here to help.

Contact Dewey & LeBoeuf LLP today to schedule a consultation and secure your legacy with confidence.