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Under Tenancy-in-common - when owners of flat have passed on and according to the Will, the interest in the flst will br distributed to this sole grandchild. my question is whether the beneficiary aka the grandchild be able to retain the flat given the fact that he/ she is under 21yrs old when the event took place. thks
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3 Answers

Hi,

Under a tenancy-in-common, the share of the HDB flat will go towards the estate and will be distributed according to the rules of testate succession since there is a valid will.

The interest in the HDB flat cannot be passed on unlike a joint tenancy arrangement where the right of survivorship applies.

A Grant of Probate will be given for your executor to manage the estate and distribute the sale proceeds according to the will.

Sincerely,

Mohamad Khalil

Bachelor of Arts (Communications)
E: realtor@khalilrealtor.com
Mobile: +65 8201 9254 
Website: www.khalilrealtor.com Read More
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  • Mohamad Khalil
    Hi Marcus,

    If the beneficiary is below 21-years-old, HDB will not allow it. This is clearly stated under HDB's eligibility conditions as I have mentioned. However, I urge you to write to HDB. They are helpful and will suggest a solution around it.

    Sincerely,

    Mohamad Khalil

    Bachelor of Arts (Communications)
    E: realtor@khalilrealtor.com
    Mobile: +65 8201 9254 
    Website: www.khalilrealtor.com
  • MT
    hi thks for your prompt reply. Even if the flat is co-owned by the grandparent but only one of the grandparent has passed on and the other still alive, the interest portion from deceased cannot be pass on to the beneficiary according to Will even though one of the co-owner is still alive?
  • Mohamad Khalil
    Hi Marcus,

    Thank you for your clarity.

    Since the beneficiary is currently below 21-years-old , the beneficiary is ineligible to retain the interest in the HDB flat from the deceased grandparent. HDB's eligibility conditions state that owners will need to be at least 21-years-old or above. You may refer to HDB's full eligibility conditions here: https://www.hdb.gov.sg/cs/infoweb/residential/buying-a-flat/resale/eligibility

    Sincerely,

    Mohamad Khalil

    Bachelor of Arts (Communications)
    E: realtor@khalilrealtor.com
    Mobile: +65 8201 9254 
    Website: www.khalilrealtor.com
  • MT
    Hi Khalil,
    maybe i did not clearly phrase my question. Let me rephrase.
    A flat own by both grandparent is under Tenancy-in-common agreement. The grandparent has a Will that indicate that if they passed on, the interest of the flat will be pass on to this particular grandchild. One of the grandparent has passed on but the beneficiary aka the grandchild is less than 21 yrs old at the point of event. Thus my question here is, whether the interest in the flat from the deceased grandparent can be successfully pass on to the beneficiary.

    Addtionally, if the another grandparent has also subsequently passed on, the interest of flat can also be successfully pass on to the beneficiary. Remember that the beneficiary is less than 21 yrs old at the time of event.

    please advise
  • MT
    I thought for tenancy in common, a Will can take place when owners passed on. so in order for the flat to be pass on to the grandchild, how can it be done?
Robbie Chen Chee Howe
Hi,

As the child is below age 21, he/she will not be eligible to retain the HDB flat. The flat will have to be sold in the open market, and the sale proceeds distributed to the child.

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 9748 6305  . I will be happy to assess and share with you the possibilities for you in the current market.

Thank you.

Best regards,
Robbie Chen
 9748 6305 
PropNex Realty Read More
0
Hi,

1) No matter it is private residential property or an HDB flat. Your grandchild has to be at or above 21 yrs old in order to inherit the property.
2) In your situation, since your grandchild inherit the part share in the HDB flat. The executor who is assigned to carry out your will might have to sell the HDB flat in order to distribute the sale proceed to your sole grandchild if the other owners agreed to this solution.
3) Otherwise, your grandchild can only able to register as owner when she reached the legal age of 21 yrs old if the other owner is still around.
4) She will not be able to be the sole owner of this HDB flat. If the other owners passed on, and she is still not married or reached 35 yrs old, the flat will have to be put up to sell in the open market.
5) It is best that you have clear instructions in your will to let the executor understand what is your wish if your grandchild has not reached 21 yrs old and after reached 21 yrs old. Particularly whether to sell or to keep the HDB flat so that there is no confusion at the end of the day.

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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