What Happens to the Deceased Assets When They Die and Leave No Will in Singapore?
This article discusses the application of Intestate Succession Act in the absence of will for non-Muslims
Table of Contents
What Happens to the Deceased Assets When They Die and Leave No Will in Singapore?
Starting the Distribution Process
What Happens if the Deceased Had No Next-of-Kin?
Writing a Valid Will in Singapore
What Happens to the Deceased Assets When They Die and Leave No Will in Singapore?
If a non-Muslim dies in Singapore without leaving a valid written will, the rules spelled out in section 7 of the Intestate Succession Act will apply when it comes to distributing the deceased’s estate to his/her heirs.
These are the rules:
Survivor |
Absent |
Who Gets What |
| Spouse | Children, parents | Spouse gets everything |
| Spouse, children | Spouse gets half, children gets the other half in equal portions | |
| Children | Spouse | Children get everything in equal portions. Grandchildren can claim their parent's share in equal portions in their parent is dead |
| Spouse, parents | Children | Spouse gets half, parents get half in equal portions |
| Parents | Spouse, children | Parents get everything in equal portions |
| Brothers and sisters (or children of the deceased brother or sister) | Spouse, children, parents | Brothers and sisters get equal portions. Their children can claim their share for them in equal portions if they are deceased |
| Grandparents | Spouse, children, parents, brothers and sisters or children of such brothers and sisters | Grandparents take the estate in eual portions |
| Uncles and aunts | Spouse, children, parents, brothers and sisters or children of such brothers and sisters, grandparents | Uncle and aunts take the estate in equal portions |
| None | Everyone | Government takes everything |
Note: If the deceased was a Muslim, these rules would not apply because the Intestate Succession Act only applies to non-Muslims.
The estate of a deceased Muslim living in Singapore at the time of their death would follow the rules set forth in Muslim law and enforced by the Syariah Court.
Starting the Distribution Process
The distribution process of the deceased’s estate would begin when a close relative of the deceased applies for a Grant of Letters of Administration from the court.
If granted, it would authorise that individual to administer the estate, distributing the assets according to the rules set forth in Singapore’s Intestate Succession Act, detailed in the chart above.
What Happens if the Deceased Had No Next-of-Kin?
If you look at the chart above, you will see that the government would be entitled to the deceased’s assets if they die leaving no valid will behind and no next-of-kin.
However, there is always a chance that a non-relative of the deceased could inherit his/her assets if he/she is able to make a reasonable and/or moral claim on the estate.
This is what’s called making a claim against a Bona Vacantia estate, which is explained in detail in the linked article.
Writing a Valid Will in Singapore
You can write your own will as long as you are sure about what you are doing. Or you can explore other options, which are as follows:
Create Your Will Online
You can go online to SingaporeLegalAdvice.com and use their WillMaker service. You will be asked a series of questions about your assets and who you want to leave these assets to when you die. You can also designate a guardian for your minor children (under the age of 21) upon your death.
Your computer will generate your will in MS Word format, which you can print out and sign before two witnesses. Your signature and those of your two witnesses are required for it to be valid.
Using WillMaker is very convenient if you are sure how you want your assets distributed after your death and you have no need for any other legal mechanisms like a trust. You will be asked to pay a fee of $89 to use WillMaker.
Engage a Wills Attorney
If you are concerned about your ability to write a will or want your will to be more customised, you may want to engage a will lawyer to draft one for you. Your lawyer will be able to tailor your will to your exact requirements. Lawyer fees for will-writing services usually start at $300.
Disclaimer: The information provided in this article does not constitute legal advice. We recommend that you get the specific legal advice you need from an experienced attorney prior to taking any legal action. While we try our best to make sure that the information provided on our website is accurate, you take a risk by relying on it.
At Pinnacle Estate Agency, we strongly believe in sharing our real estate knowledge to the public. For more content like this article, check out our Singapore Property Guides.
