Overview
Property Inheritance & Ownership
When someone passes away, the inheritance of the deceased's property will depend on the type of property ownership.
The type of property ownership may be under (i) joint tenancy, (ii) tenancy-in-common, or sole ownership.
Ownership: Joint Tenancy
A property owned under a joint tenancy, the co-owners collectively own the whole interest in the flat i.e. there are no separate and distinct shares in the property.
If a property is owned under joint tenancy, the right of survivorship shall applies. This means that upon the demise of any joint owner, his/her interest in the flat would automatically be passed on to the remaining surviving co-owners.
This is regardless of whether the deceased joint owner has left behind a Will.
The surviving owner(s) mustlodge a Notice of Death with the Singapore Land Authority (SLA). They can choose to do it on their own or engage a lawyer to lodge the Notice of Death on their behalf.
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For HDB property, the surviving owner(s) can visit the managing HDB branch of the flat and engage HDB's legal services to help you lodge a Notice of Death on their behalf.
Ownership: Tenancy-in-Common
A property owned under tenancy-in-common, each co-owner(s) are considered as 'tenants-in-common', with each co-owner(s) owning separate and distinct shares in the property.
If a property is owned under tenancy-in-common, unlike joint tenancy (see above), right of survivorship does not apply in this scenario, and the property does not go automatically to the surviving co-owner(s). Rather, the separate and distinct shares of the property that the deceased owned, may be distributed as follow:
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In accordance with the will;
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the Intestate Succession Act if there is no will left behind; or
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the Muslim inheritance law ('faraid') if the deceased was a Muslim citizen or permanent resident in Singapore.
If the person left a will, you will have to apply for a Grant of Probate before you can manage the deceased's property.
If the person did not leave a will, you will have to apply for Letters of Administration before you can manage the deceased's property.
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For HDB property, the executor/administrator can approach the HDB Branch managing the deceased's flat to make an application after obtaining the Grant of Probate or the Letters of Administration.
Ownership: Sole Ownership
If the deceased is the sole owner of the property, the property may be distributed as follow:
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In accordance with the will;
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the Intestate Succession Act if there is no will left behind; or
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the Muslim inheritance law ('faraid') if the deceased was a Muslim citizen or permanent resident in Singapore.
If the person left a will, you will have to apply for a Grant of Probate before you can manage the deceased's property.
If the person did not leave a will, you will have to apply for Letters of Administration before you can manage the deceased's property.
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For HDB property, the executor/administrator can approach the HDB Branch managing the deceased's flat to make an application after obtaining the Grant of Probate or the Letters of Administration.
Final Notes:
If a loved one has just passed on, it can be an overwhelming and emotionally difficult task for the family members to deal with the deceased’s estate. If you require assistance in selling the property or inheriting the property, you may enquire our service to get in touch with our recommended real estate salespersons listed on our website. The real estate salespersons strives to provides a professional and compassionate service to clients who have lost loved ones, and require assistance with selling their property matters.
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