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Dear Property Guru,

I have a HDB inheritance case that need your quick advice.

An elderly lady (around age 89) is staying with his divorced son (age around 60) in a HDB flat.

The HDB flat ownership is Joint Tenancy between the elderly lady and her divorced son. The elderly lady has 3 other adult children not staying with her.

The divorced son has a young son (age around 28) and staying with his divorced mother. The divorced son is poor, sickly and no Will established currently.

Who will inherit the HDB flat should the mother passed away and the divorced son also pass away a few years later without a Will?

Understand that without a Will, the inheritance would have to follow the Interstate Succession Act (ISA). According to the ISA, wife will get 50% and the children will equally share the balance 50%.

But since this is a divorce case, the 28-year old son is actually living under the custody of the divorced mother and receive little financial support from the father.

Please advise who will inherit the HDB according to ISA?

Regards,
John
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5 Answers

My Answer with regards to your Question:

t's important to note that legal matters can be intricate and may vary depending on specific circumstances. For precise guidance tailored to this case, consulting with a qualified legal professional would be advisable.

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It would be more appropriate to consult with a lawyer for a more comprehensive answer to this question. Read More
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Robbie Chen Chee Howe
Hi John,

You stated the flat is under Joint Tenancy. This means the ownership of the flat will be passed onto the remaining survivor, i.e if Mother passed away first, Son owns the flat wholly thereafter.

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.

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Robbie Chen
+65 97 48 63 05
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Hi John,

1) When a property is under joint tenancy ownership, the survivor takes all principle applies.
2) Under ISA 1967 (2020 Revised Edition), the sole ownership shares by right will be distributed in 50% to the spouse and 50% to the children.
3) But since the wife is no longer legally related, thus the children will get 100% of the share.
4) This distribution has nothing to do with the social relationship between the intestate and his beneficiary.
5) Note that it is better to confirm the above with a family lawyer as we are not actively notified of any revision updates on the act.

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

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Ling CK
 90110636 
ling.ck7@gmail.com
https://R056727F.propnex.net/
https://www.facebook.com/Homesellerbuyer Read More
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