Here’s another interesting snippet from Sunday Times. Agent friends should flip up Sunday Times and look out for the Invest Section – Your Personal Adviser: Finance
Question:
I would like to know if I can make a will and name my siblings as beneficiaries so they can inherit my HDB flat when I die. I am single and registered as the sole owner of the flat. Two of my siblings already have their own HDB flats, while another has a private property.
If it is not possible to will the flat to them, what will happen to the property after my death? Would HDB buy back the flat and then distribute the funds to my estate, and would it pay the original price or the market rate?
Professional Answer from Amolat Singh, Amolat & Partners:
Any person is free to dispose of his property by way of a will, unless other laws apply that might restrict this freedom. Such laws would include HDB’s rules and regulations governing the eligibility of ownership.
In order to inherit the flat, your siblings would have to satisfy HDB rules and regulations prevailing at the time of your death.
An express trust is one way of allowing your beneficiaries to retain a property after your death. However, such trusts are specifically prohibited under the HDB Act, so you will not be able to create one for your HDB flat.
It would be a prudent move for you to set out in your will how sale proceeds from your flat should be divided among your siblings.
The executor and trustee of your will would step into your shoes upon your death and sell the flat at the best possible market price, as well as attend to all other legal formalities, such as executing the necessary documents upon sale. Trustees have a legal duty and obligation to distribute the sale proceeds in the manner dictated by you and set out in your will.
You won’t be able to will your HDB to your siblings should they not satisfy the criteria list of HDB (you could still if they do).
But should anything unfortunate happen to you and if you would have a executor and trustee appointed, they could sell and distribute the sales proceed dictated by your will.
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{ 6 comments… read them below or add one }
If I die without a will, can my son listed as an occupier of the HDB flat I own, be able to inherit. Can my other family members like parents and siblings contest it?
I am the sole owner of the 3 room HDB property.
Is the purchase under joint tenancy with your wife? If anything unfortunate happens to you, the flat will be passed to your wife.
If your flat is bought under solely your name, it would be best to fix a proper will of how you want your flat’s proceeds to be distributed.
My husband and i owned a 3 room HDB flat. Since we don’t have any kids, we intend to write a will under our nephew so that he can inherit our flat upon our death. We heard from a friend that the Syariah Court won’t permit us to do so. How true is this and pls give your advise. Thanks.
The distribution of a deceased Muslim estate is based on Muslim laws or Inheritance or Faraid as set out in the Administration of Muslim Law Act. Under Muslim law, a Muslim may not dispose of more than one-third of his estate by will and the beneficiaries under the will must not be his legitimate heirs or the gift will be invalid.
If the HDB property is owned jointly then the survivor will inherit the property upon the death of the other. In that case property law overrides Muslim law. However, upon the death of the survivor Muslim law applies. In that case, the estate (or assets) of the deceased will be distributed according to Faraid as follows:
(Assuming you have no children of your own)
Parents (father 2 share and mother 1 share);
If none of the above survives the deceased, then to the deceased siblings in the ratio male (brother):2 shares and 1 share to female sister). Please contact me if you wish to know more or other possible beneficiaries.
Your nephew may be a possible beneficiaries but as this may be remote (because as a class all your siblings must not survive you before nephews are entitled), you may leave 1/3 of your estate to your nephew by will whilst the rest will be distributed according to Muslim law based on the Inheritance certificate issued by the Singapore Syariah Court according to the survivors then existing before your death.
I hope the above clarifies somewhat the issues troubling you but please write to me directly if you have more questions.
I would like to check if i’m already a owner of a flat can i still inherit a paid HDB flat from my aunt? I heard that each person can only be an owner of 1 hdb flat. Thanks for answering to my qns
Hi ger,
In order to inherit the flat, you would have to satisfy HDB rules and regulations prevailing at the time of your aunt’s death.
An express trust is one way of allowing your beneficiaries to retain a property after your death.
However, such trusts are specifically prohibited under the HDB Act, so your aunt will not be able to create one for her HDB flat.
It would be a prudent move for your aunt to set out in her will how sale proceeds from your flat should be passed on to you.
The executor and trustee of her will would step into your shoes upon your aunt’s death and sell the flat at the best possible market price, as well as attend to all other legal formalities, such as executing the necessary documents upon sale. Trustees have a legal duty and obligation to distribute the sale proceeds in the manner dictated by your aunt and set out in her will.