To execute a will validly, the will needs to be in writing and signed by the testator in the presence of 2 witnesses. The witnesses will need to similarly sign on the will in the presence of the testator (section 6 of the Wills Act 1838).

Part 2 of the Electronic Transactions Act 2010 (ETA) provides for electronic records to satisfy the requirements for writing and/ or signatures. However, section 4 read with the First Schedule of the ETA excludes the creation or execution of a will from applying to Part 2 of the ETA. Therefore, electronic wills are not valid in Singapore.

It must be noted that revocation of a will is not an excluded matter under the First Schedule of the ETA. Section 15 of the WA only states that the revocation is to be “executed in a manner in which a will is by this Act required to be executed”. “[T]his Act” refers to the WA and does not mention about the exclusion in the ETA. Therefore, the matter of whether an electronic revocation of a will is valid is not decided conclusively.