30 August, 2020

Quora Answer: What Happens, Upon Your Death, When You Neglect to Include Your Last Child in the Trust?

The following is my answer to a Quora question: “Hypothetically, if you make a will, and a living revocable trust, and then you have a child; should you, then, die without changing your trust to include your child, what would happen?

In the case of the revocable trust, when you die, the trust becomes testamentary, and irrevocable.  If the child is not a beneficiary, it gets nothing from the trust.  However, the trustees, at their discretion, and with the agreement of the beneficiaries, can add the child if that was the noted intent of the settlor.

In the case of the will, Singapore does not have an omitted child provision.  The child is the custody of the surviving parent.  If that surviving parent is excluded from the will, that parent may apply to the court on behalf of the child.  This may apply for adopted children as well.  If both parents or guardians are deceased, the executor or the Public Trustee’s Office may take the necessary action.



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