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If a parent is the only owner of the current HDB flat and did not set any will, can I check how will the estate be distributed in the event of death? (The other parent is already deceased)

There are three single children currently living together. But two of them have already bought a property and moved out. Will the flat be automatically inherited by the remaining child staying with the parent and the only remaining occupier? Even if the other two children do not wish to keep the HDB? Or will the estate be valued accordingly and sold to government with the assets shared by three children?
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2 Answers

Hi,

There are 2 types of succession Act in Singapore:
(1) Intestate Succession Act (Non-Muslim)
(2) Syariah Law (Muslim)

Under law of succession, when it is without a Will, Court will issue Letters of Administration and appoint an Aministrator to distribute the property to his successors according to the Intestate Succession Act.

Since your posting did not indicate enough detail, I shall only explain the Intestate Succession Act.

(1) Married w/o children & w/o parents: 100% to spouse
(2) Married w/o children: 50% to spouse / 50 % to parent(s)
(3) Married w/ children: 50% to spouse / 50% to children
(4) Married w/o spouse but w/ children: 100% to children
(5) Not married: 100% to parent(s)
(6) No parent: 100% to sibling(s) or children of deceased sibling(s)
(7) No parent or sibling: 100% to Grandparent(s)
(8) No Grandparent: 100% to Uncle(s) & Aunt(s)
(9) No relative: 100% to Government / State

The priority is according to the above sequence.

There are general 3 ways of owning a property:
(a) Joint tenancy
(b) Tenancy-In-Common
(c) Sole ownership

I presume your parent already went thru' (3) above, if this property was under Tenancy-In-Common. Then 50% will be equally distributed to 3 child.
However, if this property was under Joint Tenancy, then the remaining spouse will 100% own the property.

Nevertheless, when this remaining parent pass away, all 3 child will receive 100% equally distributed according to intestate Succession Act.

Only under consent of 3 child, that this estate can be sold in open market or to government.
If any of the children owns a property, under most circumstance, they will have difficult keeping the flat.

(A) If they own private property, they have to sell away the private property within 6 months of inheritance.
(B) If they own HDB flat, they will have to decide to sell away either one of them within 6 months of inheritance.

They can sell to open market, HDB or to any of the children who is eligible to keep it.
In this case, the single child who still stay in the flat can buy over their shares according to valued value.

Hope the above answer to 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

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  • HN
    Thank you so much Ling CK. I will be referring to:

    (1) Intestate Succession Act (Non-Muslim) AND
    (4) Married w/o spouse but w/ children: 100% to children AND
    (c) Sole ownership

    "In this case, the single child who still stay in the flat can buy over their shares according to valued value" - I was just concerned that this single child will be eligible to own the flat being the only eligible person (since the other two own properties) and only remaining occupier, even if he does not have any means or intention to buy over the shares of the other two children. Thanks.
Good morning,

As per your case, once the last surviving owner of the current unit have decease without WILL, the surviving child will be able apply through court for administration right on the unit. Since there are 3 of you, the unit would be shared by all of you. If your sibling are not interested in the unit, they can place their indication to so that it can be printed within the court order. However, this is provided that you are eligible for it.

Regards
Mike Lim
 96929209 
m52i@yahoo.com
ERA

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