- The Intestate Succession Act sets out who inherits, in a fixed order.
- A spouse and children usually split the estate half to the spouse, half shared among the children.
- A close relative must obtain letters of administration from the court before handling the estate.
- Jointly held property and CPF savings follow their own rules.
Which rules apply
Dying without a valid will is called dying 'intestate'. For non-Muslims in Singapore, the estate is then distributed under the Intestate Succession Act.
The Act does not apply to Muslims. A Muslim estate is distributed under Muslim law, and the Syariah Court issues an inheritance certificate setting out each person's share.
Who inherits, and how much
The Act works through the family in order. A later group only inherits if no one in an earlier group survives. In simplified form:
- A spouse, with no children and no surviving parents: the spouse takes everything.
- A spouse and children: the spouse takes half, and the children share the other half equally. Parents receive nothing in this situation.
- A spouse and parents, but no children: the spouse takes half and the parents share the other half.
- Children but no spouse: the children share everything equally. If a child has already died, that child's own children can take their parent's share.
- No spouse or children: the parents share everything.
- Next come brothers and sisters (with a deceased sibling's children stepping into that sibling's place), then grandparents, then uncles and aunts.
- If none of these relatives survive, the estate goes to the State.
For example, if a husband dies leaving a wife and two children, the wife receives half of the estate and each child receives a quarter.
Who deals with the estate
Without a will, no one has been named as executor. Someone has to apply to the court for a grant of letters of administration, which appoints them as administrator and gives them legal authority over the estate.
The right to apply follows a priority order: the spouse first, then children, parents, brothers and sisters, nephews and nieces, grandparents, and finally uncles and aunts. If someone with an equal or higher right is not the one applying, they generally need to sign a document giving up their right and consenting to the applicant.
Where any person entitled to a share is under 21, the court requires at least two administrators, or a trust corporation, to be appointed.
Once appointed, the administrator collects the assets, pays the debts and any taxes, and then distributes what remains in the shares the Act sets out.
Assets that pass outside these rules
Some assets do not go through the estate at all. Property or bank accounts held jointly as joint tenants pass automatically to the surviving joint owner. CPF savings go to the people named in a CPF nomination; where there is no nomination, the Public Trustee's Office distributes them under the intestacy rules.
Why a will makes a difference
The intestacy shares may not match what someone would have wanted. A will can leave gifts to friends, charities or relatives outside the Act's list, name the executor, and appoint a guardian for children under 21. A lawyer can review your situation and explain your options.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
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