Hi, thank you for writing to us on AskGuru.
We will address some parts of your questions below but we suggest you find a lawyer for advice on your specific circumstances.
(1) Will your kids be able to inherit your mum’s HDB and whether you can retain the right to sell or keep
Your children will be able to inherit your mother’s HDB if she has a will and has designated them as beneficiaries in her will. Without a will, the beneficiaries will be based on intestacy law (a set of distribution rules predetermined by the law) and will depend on the surviving next-of-kin. Please check the following article for a chart on who gets what under Singapore’s intestacy law.
www.main.immortalize.io/post/what-happens-to-my-stuff-when-i-die-singapore-editionPlease note that if your “kids” are underage or already hold an HDB, there will be complications. Additionally, if your children inherit the flat, the right to buy or sell belongs to them. You will need to speak to a lawyer to check for alternative arrangements.
(2) Will your bankruptcy affect inheritance
Your bankruptcy will not affect your children inheriting your mother’s flat and their assets will not be implicated by your bankruptcy. Should you have alternative arrangements in (1), you will need to check with a lawyer on the implications of bankruptcy on that arrangement.
Essentially, if you do not have legal right to an asset, it is not yours and it won’t be affected by your bankruptcy. If you have some sort of legal right in the asset, it becomes complicated and your creditors may have access to it.
Here’s an example on revocable trust to help you understand the issue at hand:
www.main.immortalize.io/post/ways-to-protect-your-firm-from-creditors-lee-soo-chyeHere are some additional points to note:
- HDB flats are protected from creditors when at least one of the owners is a Singapore citizen
- You would still have to pay your loan/mortgage and failure to do so may result in forced sale or seizure of the flat.
Here are resources on implications of bankruptcy on HDB ownership:
https://io.mlaw.gov.sg/bankruptcy/information-for-bankrupts/impact-of-bankruptcy/ https://www.propertyguru.com.sg/property-guides/pgf-bankruptcy-act-singapore-mortgage-44123 https://www.propertyguru.com.sg/property-investment-questions/me-and-my-husband-are-singapore-citizen-and-own-a-hdb-flat-from-open-market-which-under-bank-loan-were-paying-the-monthly-installment-by-our-cpf-a-c-if-my-husband-sue-by-bank-for-bankruptcy-will-my-hd-151173(3) Whether you can decouple
HDB ownership transfer rule was tightened in 2016 to allow for transfers under six special cases: marriage, divorce, death of an owner, financial complications, renunciation of citizenship and medical reasons. Outside of these, it will be case by case.
Here are more resources on decoupling and HDB ownership transfer to help you with your arrangements:
https://www.propertyguru.com.sg/property-guides/how-to-decouple-and-what-is-the-difference-between-joint-tenancy-and-tenancy-in-common-28455 https://www.propertyguru.com.sg/property-guides/hdb-ownership-transfer-eligibility-and-application-guide-27767Should you need to speak to a lawyer, you can find, compare pricing/services and book a free quick consult with lawyers that can advice on the legal issues surrounding inheritance on immortalize database.
www.search.immortalize.io We hope we have helped.
Regards,
Immortalize –
www.immortalize.io Next Gen Legacy Planning Marketplace
*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.
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