SG Budget Babe
Asked on 28 Nov 2019
Does it automatically go to my siblings in the absence of a will? But both siblings already have their own HDB so what happens in that case? (To make it more complicated then what happens to my bank loan that the HDB was bought with)?
In the absence of a will, with no spouse, children or surviving parents, Brothers and sisters get equal portions. Their children can claim their share for them in equal portions if they are deceased.
See section 7 of the Intestate Succession Act, which determines how the deceased’s estate is distributed to his survivors.
Note: The Intestate Succession Act does not apply to Muslims.
The distribution of property of a deceased Muslim domiciled in Singapore at the time of death is governed by Muslim law and the Syariah Court.
For HDB, it depends on who is the owner of the place. If it is co-owned, then it depends on whether it is joint-tenancy or tenancy-in-common.
For joint-tenancy, your share will go to the surviving owner.
For tenancy-in-common, your share will be distributed according to your Will. In the absence of the Will, it will be distributed according to the Intestate Succession Act in Singapore. Here are the rules: https://www.blog.pzl.sg/intestate-succession-act-singapore/
By the intestate succession act, if your siblings are the estate owner and they owns a HDB, then they will be given a reasonable time frame to sell it off. This is because we can only own one HDB in Singapore.
For the bank loan, it depends if you have mortgage or life insurance that covers the outstanding loan. If yes, then we will use the payout to cover the loan - this is usually the case as part of the terms during the loan.
In any case, as part of my professional practice, I will strongly recommend you to draft up a Will. This is to prevent complications like this and to ensure that your estate reaches your intended beneficiaries.
What is a Will: https://www.blog.pzl.sg/2019/07/17/what-is-a-will-singapore/
The Consequence of dying without a Will in Singapore: https://www.blog.pzl.sg/2019/05/22/the-administrative-process-on-dying-without-a-will-in-singapore
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28 Nov 2019
28 Nov 2019
In Singapore, the Intestate Succession Act mandates that in the event of death of a non-Muslim sole owner who has not left behind a will, the priority of distribution is:
Aunts and uncles
In this case, it will go to your siblings.
28 Nov 2019