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Why need will for property?

Guide on will

A will name the beneficiaries explicitly according to the property owner wish. Without a will, it will follow the state’s default way of distribution, which might not be the owner’s wish.

What if one die without a will?

Singapore has rules, aka intestate succession act, on how a property will be distributed in the case when there is no will.

Survivor Who gets property?
Spouse only Spouse
Spouse & children Spouse 50%, children split 50%
Children Children split equally (grandchildren can claim if their parent is dead)
Parents only Parents split
Siblings only Siblings split
Grandparents only Grandparents split
Uncles/Aunts only Uncles/Aunts split

What do do after one passed away?

Be it the deceased has a will or not, the process is the same – apply Letters of Administration.

If there is no will, then any beneficiary that is entitled according the the intestate succession art may apply.

If there is will, then the will would have appointed the executor.

You can file it yourself, or through a lawyer.

If needed, you may need to attend a probate hearing.

After the court has approved your application and all relevant supporting documents including the Schedule of Assets, the court will issue the Grant of Letters of Administration. The applicant then becomes the administrator of the deceased’s estate, including selling the property, paying off all debts and expenses, then distributing the proceeds to any other beneficiaries.

To sell the HDB, the administrator has to inform HDB branch office, and then proceed as usual with HDB Intent to Sell.

Do one have to pay ABSD for inherited property?

No, you don’t have to pay ABSD for inherited property.

If you own a private property and inherited another private property, you’re exempted from ABSD!

However, if the inherited property is a HDB, then there are restrictions:

  • You can keep the HDB if you’re immediate family member and is above 21 years old
  • If you already own another HDB, then you have to sell one of them; you can at most one 1 HDB.
  • If you already own a private property, then you can keep the HDB IF:
    • the inherited HDB was purchased before 30 Aug 2010 AND
    • you have to move to stay in the HDB