9 Answers

askguru expert
Hi, thank you for reaching out to us on AskGuru. We will address your questions in turn.

1) If there is no will and the deceased is not a Muslim, the HDB flat will be distributed according to Singapore’s intestacy law. If the owner passes away without a surviving spouse and assuming the person is the sole owner of the HDB at the time of his/her passing, the flat will be distributed equally among the surviving children. The surviving parent(s) of the deceased owner will not be entitled to the HDB.

For more information on Singapore's intestacy law, visit: https://www.immortalize.io/post/what-happens-to-my-stuff-when-i-die-singapore-edition

2/3) Whether the children can take over the property depends on whether they are eligible.

Please see latest HDB rules on retaining the flat following death here: https://www.hdb.gov.sg/residential/living-in-an-hdb-flat/changing-owners-occupiers/retain-flat-following-life-events

Additionally, in Singapore, there is no stamp duties, including ABSD, payable when you inherit properties pursuant to a will or intestacy law.

Read more about property inheritance here: https://www.propertyguru.com.sg/property-guides/what-happens-when-you-inherit-a-property-singapore-54841

For MOP, please speak to HDB to see what rule applies to your specific circumstances.

If you would like to inquire more about estate and conveyancing matters, we suggest that you consult a lawyer. Here are some lawyers that:

1. Can give advice pertaining to your situation
2. May offer 15 minutes of free consultation
3. Can do video call/physical meeting and you can book immediately

https://search.immortalize.io/compare-service-providers/149-205-173

Immortalize is an online elderhood marketplace and information provider, where you can find and compare lawyers, doctors, financial advisors, and other providers for all your legacy, retirement, and eldercare needs. We make ageing easy.

We hope this helps.

Regards,
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*Note: Content in the forum should be construed as general information and not legal advice. Please seek a lawyer’s advice for queries specific to your matters. Read More
0
Hi,

There is a ranking of distribution you can refer to here

https://sso.agc.gov.sg/Act/ISA1967#:~:text=those%20related%20to%20a%20person,him%20in%20the%20same%20degree.&text=If%20an%20intestate%20dies%20leaving,the%20whole%20of%20the%20estate.

It appears children will get the priority but it is best to consult a probate lawyer who is specialized in such cases

For the surviving children to take over, they must qualify under one of the hdb eligibility schemes, and cannot own other private property. To my understanding, properties that are inherited generally do not need to pay stamp duty. MOP of 5 years may apply which you have to confirm with the hdb branch officer.

Hope the above clarifies. May I have more info and requirements about your plans so as to make better recommendations? Thanks and look forward to value-add to your housing plans.

Warm Regards,

Ivan Ng Realtor
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1
Hi, appreciate your sharing. Able to check with law firm base on the above.
Looking forward to assist you at 9696 4398  or email me at stewartlim96964398@gmail.com

Cheers
Stewart-PropNex (Senior Associate Division Director) Read More
0
Hi,

1) I assume the flat you mentioned is sole ownership held by the deceased.
2) The first thing you must do is to appoint a person to be the Administrator.
3) The administrator will help to distribute the deceased's assert according to the Intestate Succession Act.
4) You have to engage a lawyer to submit to court to get a letter of administration.
5) If the deceased is not married then will distribute to the parents, or if married without children then 50% to parent(s) and 50% to spouse if applicable.
6) For your case, since the deceased has children without a surviving spouse, according to the Intestate Succession Act 100% assert will be distributed to children.
7) One or more children may take over the HDB when the rest of the parties with interest agree or via part-share selling whichever is applicable.
8) No buyer stamp duty under inheritance, but if under part-share selling/buying, the buying party will be subject to stamp duty.
9) The buying party will be subject to a new 5-year MOP.
10) No stamp duty incurred under inheritance, but 5 years MOP is applicable since there is a change of ownership.
11) Do note that the above is only applicable to non-muslims.
12) For Muslims, the children will have to follow the Syariah law or Islamic inheritance law. You have to find a family lawyer who is familiar with the law to understand the distribution.
13) The answers to questions relating to HDB and IRAS are the same.

Please give me a thumbs-up if the answer provided is relevant to your main concern. Thanks!!!

I hope the above answers your main concerns, but if there are more queries, please feel free to contact me at 90110636  , or email: ling.ck7@gmail.com if more information is needed.
I'll be glad to assist.

Best regards
Ling CK
 90110636 
ling.ck7@gmail.com
https://R056727F.propnex.net/
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1
https://singaporefamilylawyers.com.sg/guide-hdb-inheritance/

A good link to read based on above scenarios. Read More
1
Hi Sir/Mdm,

The surviving parents and the children are all entitled to a share of the estate if there is no will. It is possible for one of the surviving children to take over the property but all the beneficiaries must be agreeable for such an agreement and the person taking over must be able to hold the HDB ie not own any private property and must be above the age of 35 years old if he or she is single.

There will not be any stamp duty or MOP requirements for inherited properties. Please feel free to contact me so that I can understand your situation better and provide you with further assistance.

Regards,
Nick Tan
(M) +65 96 44 48 54
B.Eng(Chemical)(Hons)(NUS) / Cert-in-REA
(E) nick96444854@gmail.com

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I write to commend Nick Tan (R040814C). When my husband and I first met Nick, we were impressed by his drive, commitment, business acumen and strategical thinking, and decided to engage him. We were not disappointed. Nick sourced for prospective quality buyers in a targeted methodical fashion and was effective in connecting us with serious buyers, notwithstanding the fact that the search primarily took place over Dec – Feb (a traditional lull period). Throughout the transaction, he also gave us helpful advice in various aspects; the advice reflected his personal experience and expertise and was not simply regurgitated from public sources without any value-add. Further, Nick went beyond the call of duty of a competent professional. He had a sense of humanity in the way he interacted with myself and the other parties to the transaction such as my parents. As an example, my newborn daughter was warded into A&E on the completion date of the transaction; the care and concern that Nick showed went beyond the scope of work of an estate agent. I commend Nick for his capabilities and character, and would certainly wish to engage him for future property transactions.
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“Nick provides a delightful customer experience from day one when I engage him as my agent to look for a flat of my choice to the completion of the deal. He is competent, resourceful and has a pleasant manner to work with. He is the Agent of my choice in dealing with properties and I would highly recommend him to others who would appreciate an agent Read More
1
. Intestate Succession (No Will):

If the deceased owner has no surviving spouse and no will, the HDB flat will be distributed according to the Intestate Succession Act.
Distribution:

Under inheritance, there is typically no buyer stamp duty incurred, but if the property is sold or bought under partial ownership, the buying party may be subject to stamp duty. Additionally, the buying party in such cases would be subjected to a new 5-year Minimum Occupation Period (MOP).

The surviving children will share the proceeds from the sale of the HDB flat equally.
Parents are not included in the distribution if there's no surviving spouse.

I am Sorry that This platform does not allow me to direct contact you.

To further assist you, please feel free to contact me via WhatsApp at 9856 9255  or through this link: https://wa.me/6598569255.

My services come with no obligations, and I'm here to help with any questions or assistance you need.

You can check out my reviews here: https://www.propertyguru.com.sg/agent/able-s-k-toh-61591.

For buyers, I offer solutions for sourcing resale and new private homes at no charge.

I can connect you with reputable bankers for private housing loans free of charge and with no obligation.

I also have partners to assist with mortgage home insurance matters.

Let's seal this affinity by technology; please PM me your contact for assistance with your real estate needs. So, I believe in Affinity (Chinese word: 缘份) :), let's SEAL this AFFINITY Not by blood but by Technology > Please PM, Private Message your contact so that I CAN BE (EXTRA) PAIR OF HANDS / BRAIN and LEGS to Assist you NOW or FUTURE REAL ESTATE NEEDS!

You can reach me at my Singapore mobile: +65 9856 9255  or email me at Able.selling@gmail.com.

From: ABLE Toh- Your Property ASSISTANT :)

“ i am ABLE to Help As Much As You are ABLE To PM (Private Message) me ”

XXXXX The END XXXXXXX Read More
1
. Intestate Succession (No Will):

If the deceased owner has no surviving spouse and no will, the HDB flat will be distributed according to the Intestate Succession Act.
Distribution:

Under inheritance, there is typically no buyer stamp duty incurred, but if the property is sold or bought under partial ownership, the buying party may be subject to stamp duty. Additionally, the buying party in such cases would be subjected to a new 5-year Minimum Occupation Period (MOP).

The surviving children will share the proceeds from the sale of the HDB flat equally.
Parents are not included in the distribution if there's no surviving spouse.

I am Sorry that This platform does not allow me to direct contact you.

To further assist you, please feel free to contact me via WhatsApp at 9856 9255  or through this link: https://wa.me/6598569255.

My services come with no obligations, and I'm here to help with any questions or assistance you need.

You can check out my reviews here: https://www.propertyguru.com.sg/agent/able-s-k-toh-61591.

For buyers, I offer solutions for sourcing resale and new private homes at no charge.

I can connect you with reputable bankers for private housing loans free of charge and with no obligation.

I also have partners to assist with mortgage home insurance matters.

Let's seal this affinity by technology; please PM me your contact for assistance with your real estate needs. So, I believe in Affinity (Chinese word: 缘份) :), let's SEAL this AFFINITY Not by blood but by Technology > Please PM, Private Message your contact so that I CAN BE (EXTRA) PAIR OF HANDS / BRAIN and LEGS to Assist you NOW or FUTURE REAL ESTATE NEEDS!

You can reach me at my Singapore mobile: +65 9856 9255  or email me at Able.selling@gmail.com.

From: ABLE Toh- Your Property ASSISTANT :)

“ i am ABLE to Help As Much As You are ABLE To PM (Private Message) me ”

XXXXX The END XXXXXXX Read More
1
Robbie Chen Chee Howe
Hi,

Let me help with your questions:

1) The property will be distributed in accordance to Singapore Intestate Law, i.e the property will be split in equal shares to the deceased's surviving children.

2) Yes, it is possible, provided the children are eligible to own the HDB flat under one of the many Eligibility conditions, i.e forming a valid family nucleus etc. No Buyer Stamp Duty for inherited properties. MOP applies should the children wish to hold onto the HDB flat.

3) No Stamp Duty is applicable for inherited properties. However, if there's a share transfer amongst the children, stamp duties will apply. MOP applies for the child holding onto the HDB flat.

I am experienced and well-versed in both HDB and private transactions. I will be able to assist you in your property plans. Please get in touch with me for a more in-depth discussion.

Should you need require further assistance in matters relating to property, please contact me at my mobile +65 97 48 63 05. I will be happy to assess and share with you the possibilities for you in the current market.

Thank you.

Best regards,
Robbie Chen
+65 97 48 63 05
PropNex Realty Read More
1