If you die without a will in Singapore, the law decides who inherits, and it does not all simply go to your spouse. If you leave a spouse and children, the spouse receives half and the children share the other half. Your flat, your CPF and your bank savings each follow a different route.
Here is what happens to each, and what your family has to do to claim them.
If You Die Without a Will: Three Assets, Three Rules
Dying without a valid will is called dying intestate. For non-Muslims domiciled in Singapore, the Intestate Succession Act 1967 decides who inherits the estate.
But not everything you own is part of your estate.
| Asset | What decides who gets it | Does a will or intestacy law apply? |
|---|---|---|
| HDB flat held in joint tenancy | Passes to the surviving owner or owners | No |
| HDB flat held alone or as tenants-in-common | Your share forms part of your estate | Yes |
| CPF savings | Your CPF nomination. If none, the Public Trustee distributes them under intestacy law | A will never applies |
| Bank savings in your sole name | Part of your estate | Yes |
For Muslims, the Intestate Succession Act does not apply. Estates are distributed under the Administration of Muslim Law Act (often referred to as faraid), according to an Inheritance Certificate issued by the Syariah Court.
The Shares the Law Sets
The Public Trustee’s Office summarises the rules for non-Muslims as follows:
- Spouse only (no children, no parents): the spouse receives everything.
- Spouse and children: the spouse receives half. The children share the other half equally. Parents receive nothing.
- Children only: the children share everything equally.
- Spouse and parents, no children: the spouse receives half. The parents share the other half.
- Parents only: the parents share everything equally.
- None of the above: siblings, then grandparents, then uncles and aunts. If there is no one, the estate goes to the Government.
If a child has died before you, that child’s own children take their share. The Public Trustee’s Office also notes that illegitimate children are not entitled under these rules.
An illustrative family
Illustration only. Mr Ong is not a real person.
Mr Ong dies without a will. He leaves a wife, two adult children and an elderly mother he supported. His estate, after debts, is worth S$600,000.
- His wife receives $300,000.
- Each child receives $150,000.
- His mother receives nothing.
Mr Ong may have wanted exactly this, or something quite different. Without a will, his wishes do not count.
The short version: With no will, the law fixes the shares: half to your spouse and half to your children, with nothing for parents if you leave children. Your flat may bypass this entirely if it is held in joint tenancy, and your CPF savings follow your nomination, not your will.
Your HDB Flat: It Depends How You Hold It
HDB explains the two outcomes.
Joint tenancy. When a joint owner dies, their share passes to the remaining owners. The survivors lodge a Notice of Death with the Singapore Land Authority. No will and no intestacy rule is involved.
Sole ownership or tenancy-in-common. The deceased’s interest in the flat is distributed under their will, or under the Intestate Succession Act if there is none.
Take a widowed parent who is the sole owner and dies without a will. The flat passes to the children in equal shares. Whether any of them can keep it depends on HDB’s eligibility rules, so check with HDB early.
If you are not sure how you hold your flat, check with HDB.
Your CPF Savings: Nomination or the Public Trustee
CPF savings do not form part of your estate, so no will can cover them. They go to the people named in your CPF nomination.
With no nomination, CPF Board transfers your savings to the Public Trustee’s Office, typically within 17 working days of being told of the death. The Public Trustee then distributes them under intestacy law, or under the Inheritance Certificate for Muslims.
CPF Board says the whole process can take up to six months, and an administrative fee is deducted from the savings. Making a nomination is free.
Your Savings: The Court Process in Plain Steps
To deal with assets in your estate, such as bank accounts in your sole name, someone needs legal authority. With a will, the executor applies for a Grant of Probate. With no will, a beneficiary applies for a Grant of Letters of Administration.
The Family Justice Courts set out the process:
- Work out who applies. The applicant must be a beneficiary aged at least 21. The spouse generally has priority. Others can apply jointly, or after those with a prior right give it up in a signed renunciation.
- List the assets. The family contacts banks and other institutions to prepare a Schedule of Assets.
- File the application. It should be filed within six months of the death. A later filing must explain the delay. Estates worth up to $5 million go to the Family Courts.
- Receive the grant. After the supporting documents are filed, the court may issue it without a hearing if everything is in order.
- Collect and distribute. The administrator presents the grant to each institution, pays any debts and distributes what is left according to the law.
The courts estimate about two to three months for the grant, depending on complexity. Their estimated filing fees include $210 to $240 for the application and $15 for the Schedule of Assets. These exclude lawyers’ fees if the family engages a lawyer.
Gathering documents before filing, and collecting assets after, add to that time. Banks and other institutions typically ask to see the grant before releasing larger sums held in the deceased’s sole name, so check with each one early.
The simpler route for small estates
If the estate is worth no more than $50,000, the family may be able to ask the Public Trustee to administer it instead. Conditions apply. The Public Trustee will not act if, for example, there are disputes among beneficiaries, outstanding debts, or the deceased was the sole owner of an HDB flat that an eligible child may inherit.
The Public Trustee charges a fee on a sliding scale, starting at 6.5% on the first $5,000, deducted from the estate.
What a Will Changes
A will lets you choose who receives what, and name an executor to take charge. You can provide for a parent, a sibling or a charity that the intestacy rules would leave out.
A will still cannot override joint tenancy or a CPF nomination. That is why all three need to be looked at together. Our guide to the three ways parents pass on wealth compares the routes.
What To Do Next
- Use our intestacy calculator to see who inherits in your family if there is no will.
- Check how you hold your flat: joint tenancy or tenancy-in-common.
- Log in to the CPF website and check whether you have a nomination, and whether it is still what you want.
- List your bank accounts, insurance policies and investments, and tell someone you trust where the list is kept. Our legacy readiness checklist can help.
- If the intestacy shares above are not what you would choose, consider making a will. For complex estates, blended families or overseas assets, speak to a lawyer.
- A will covers what happens after death. For what happens if you are alive but unable to decide, see how to make an LPA.
