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Currently I co-own a HDB flat with my mum, but I have the intention of withdrawing my name to purchase a resale flat on my own, this will leave my mum to be the sole owner of the current flat. HBD rules state that sole owner pass away remaining living family will inherit the flat, if my mum has a will that state that she want to appoint 1 particular family member e.g. me to fully inherit the flat, does will override HDB rule?
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2 Answers

Dear Hans,

Yes, in fact it is preferred that your mum has a will in place to manage the affairs of her estate, otherwise it will be distributed based on the intestate law of Singapore. Do take note that if you have utilised any CPF funds on the current HDB, your mum will need to have the necessary financial means to refund this amount including any accrued interest back into your CPF account, as well as undertake any outstanding loan on her part for this HDB. The ownership withdrawal process has also to be approved by HDB before you can proceed.

Hope the above helps!

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Hi Hans Yen,

1) First of all let's settle the name withdrawal issue. I would assume current ownership is based on joint-tenancy, meaning a 50/50 share between yourself and your mum.
(a) Your mum has to pay you the 50% share value of your ownership.
(b) She will have to either take a loan (if still eligible) or payout in cash and/or CPF, or all of them.
(c) You can only use cash to assist in her payment.
(d) The returned fund from the selling has to settle the outstanding loan follow by utilized CPF + accrued interest. The excess will pay to you in cash.

2) Next is inheritance.
(a) Your mum can set up a will to appoint the beneficiary. This is not an issue. The court will recognize the will in court as long as it is properly done.
(b) If there is no will, then the asset distribution will be according to the intestate Succession act and distributed accordingly. The court will issue the court order accordingly.

3) There is no specific ruling in the HDB policy on inheritance.

Hope the above answer your main concerns, but if there are more query, 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/
https://www.facebook.com/Homesellerbuyer

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