Q&As

Valid Trust Declaration in Unsigned TR1 Transfer?

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Produced in partnership with Lynne Counsell of Addington Chambers
Published on: 20 February 2018
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Can a Will drafted in England and governed in English law be executed in Singapore? Are there any further legal requirements for executing a Will abroad?

The execution of an English Will in Singapore

This Q&A deals with the question whether a Will drafted in England and governed by English law can be executed in Singapore. In answering this specific question it also deals with the more general query as to whether there are any further legal requirements for executing a Will abroad.

Wills Act 1963

The validity of a Will executed in Singapore (or other country) is governed by section 1 of the Wills Act 1963 (WA 1963). This provides that a Will is to be treated as properly executed if its execution conforms to the internal law (as defined in WA 1963, s 6(1) and thereby excluding the doctrine of renvoi) in force:

  1. in the territory where it was executed

  2. in the territory where, at the time of its execution, or at the time of the testator’s death, it was domiciled

  3. in the

Lynne Counsell
Lynne Counsell

Barrister, Addington Chambers


Lynne has been in traditional Chancery practice for some thirty years, specialising in probate matters, construction of wills and trusts and also financial services and drafting.

Lynne was for some years counsel for Tower Hamlets, representing them on landlord and tenant cases and counsel for Bedford Building Society representing it on mortgage cases.

Lynne has written or updated over fifty books, including writing the initial volume of Atkin’s Court Forms “Financial Services” and updating Halsbury’s Laws on Injunctions. Lynne was also co-author of two editions of “Insider Trading” and co-editor and one of the writers of “Chancery Practice and Procedure.”

Articles include “Marketing of Investments” for the Law Society Gazette and “The Doctrine of Mutual Wills” for the Trust Quarterly Review. Lynne won one of the few cases on mutual wills in the last fifty years – Charles v Fraser (2010).

Lynne has drafted the standard unit trust for the government of Nigeria, the rules and related documentation for various building societies and clubs, shareholder agreements, company takeovers compliance documentation for certain banks as well as wills and trusts.

Lynne was awarded the 2017 Corporate international Magazine Global Award – “Investment Contracts Barrister of the Year in England”.

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Requirements definition
What does Requirements mean?

A DCO should include “Requirements” to which the development authorised by the DCO is to be subject. Similar to planning conditions, a requirement specifies the matters for which detailed approval needs to be obtained before the development can be lawfully begin.

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