📜 An Incomplete Will: A Small Oversight, Big Trouble

August 25, 2025

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👴 Uncle Wang’s Story: Wrote a Will, but “Left Out” Some Assets

Uncle Wang, a retired teacher, lived a frugal life and accumulated considerable assets.

At the age of 70, he went to a lawyer to make his will: 🏠 the house for his eldest son, 🏦 the bank savings for his daughter, 🚗 the car for his youngest son.

The will was written clearly, signed, and witnessed by two legal witnesses.

He reassured his children: “When I’m gone, don’t fight. Everything is written down.”

A few years later, Uncle Wang passed away peacefully. His children followed the will to handle the house, savings, and car without any dispute…

Just when they thought everything was settled, the lawyer suddenly discovered a loophole:

After making the will, Uncle Wang had purchased several stocks 📈 worth hundreds of thousands — but these were not mentioned anywhere in the will!

⚖️ What Happens to Assets Not Mentioned in the Will?

Since the stocks were not assigned to any beneficiary in the will, they were considered “undistributed assets” and had to be divided under the Distribution Act 1958.

As a result, the three siblings had to:

✅ Apply to the High Court for a Letter of Administration

✅ Unanimously agree on who would be the estate administrator

✅ Find guarantors as surety 🔒

✅ Wait several months before they could use the money

Even more regrettably, Uncle Wang had originally intended to donate the stock proceeds to charity ❤️, but because this was not written in the will, the assets were distributed according to the legal default order — completely against his wishes.

🧩 The “Residual Clause”: One Small Sentence That Covers All Loopholes

Uncle Wang’s will was legally valid in form — so why did it still cause problems?

Because it lacked one simple but crucial sentence: “All other assets not specifically listed in this will shall be inherited by XXX” (This is known as the Residual Clause.)

Many people think it’s enough to write down the house, car, and savings. But in reality, people may acquire new assets at any time: newly purchased stocks, extra deposits, a fully paid-off property, a lump-sum bonus…

If the will does not include a Residual Clause, these “stray” assets will fall into intestacy and require the legal distribution process all over again.

📝 Three Key Details You Must Not Miss When Making a Will

✅ 1️⃣ Add a Residual Clause

No matter how many assets you have already listed, always add a sentence like “All assets not specifically listed shall go to XX” to cover unexpected additions.

✅ 2️⃣ Should You Include Life Insurance?

If the beneficiary is your spouse or parents, it usually doesn’t need to be repeated in the will; if the beneficiary is someone else (siblings, friends, charities), it’s best to also mention it in the will to avoid it falling into the undistributed estate.

✅ 3️⃣ Be Careful with Template Wills

Many people download will templates online, which often omit the Residual Clause or the executor clause. Always have a professional lawyer review it to ensure it complies with the law and prevents future disputes ⚖️.

🚩 An Incomplete Will Can Be More Trouble Than No Will at All

An incomplete will can force your family to go through repeated legal procedures, waste time and effort, and may even cause unnecessary conflicts.

Don’t let one missing sentence ruin the purpose of writing a will 🙏.

💡 Final Thought

A will is not for you to read — it’s for the people you care about.

A good will not only clearly lists the main assets but also considers future changes, preventing your loved ones from facing unnecessary legal hurdles or misunderstandings.

📞We Can Help You

If you want to make a will or review whether your current will is complete, feel free to contact us 👩‍⚖️👨‍⚖️.

For further advice on this area, please contact Sue Ann Pang at [email protected].

Disclaimer: The contents of this write-up is intended for general informational purposes only and does not constitute legal advice.

Authored by Jing Wei Cheng
Reviewed by Noor Ain Binti Roslan

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