Part 4 of SG Law Guru’s 7-Part Will Series
Many people believe that once they have made a Will, everything they own will be distributed accordingly — that is not true.
In Singapore, some of the most valuable assets a person owns are not governed by a Will at all. These assets are commonly referred to as “un-willable” assets. In this article, we explain the three most important categories:
- CPF savings
- Insurance policy payouts
- Joint tenancy properties
Understanding them can save your family from confusion, disputes, and broken expectations.
1. CPF Savings – Your Will Has No Power Here
Your CPF monies do not form part of your estate and are not controlled by your Will.
They are distributed only by CPF Nomination.
How CPF is distributed:
| Have CPF Nomination | CPF Board pays directly to your nominee(s) |
| No CPF Nomination | CPF goes to the Public Trustee’s Office (“PTO”) & distributed under intestacy law (“ISA”). |
Why this matter?
If your Will says: “I leave everything to my spouse.” Your CPF savings will ignore your Will entirely.
This mismatch can lead to:
- unintended beneficiaries
- family disputes
- delays in payout
Some common problems:
- long-forgotten nominations
- ex-spouses, parents or siblings remain as nominees
- spouse or children receive nothing
✅ Action: Make sure you have a valid and updated CPF Nomination. Review it immediately after major life events (marriage, divorce, birth of children). Like a Will, a CPF Nomination needs to be properly executed, including being witnessed in accordance with CPF Board’s requirement (e.g., adult witnesses who are not nominees).
Special Notes on Withdrawn CPF Monies
As of the date of publication, CPF monies that were withdrawn for investment — for example, through the CPF Investment Scheme (CPFIS), which can be placed in fixed deposit, unit trusts or bank placement — will form part of the deceased’s legal estate. This means those specific amounts are governed by your Will (or intestacy laws if no Will exists).
2. Insurance Policies – Your Will May Not Be the Boss
Insurance payouts depend on how you nominated your beneficiaries.
A. Trust Nomination (Irrevocable)
If you created a trust nomination (usually for spouse and/or children):
- the money goes directly to the beneficiaries
- it does not enter your estate
- your Will cannot override this
B. Revocable Nomination (Most common)
If you made a revocable nomination:
- insurer usually pays the nominee directly
- your Will generally does not override it
- only in very limited legal situations can a Will potentially override this
No Nomination
If no valid nomination exists:
- insurance proceeds fall into your estate
- then your Will controls distribution
✅ Key point: Do not assume your Will can “fix” your insurance payout. Update your insurance nominations instead.
3. Joint Tenancy Property – It Bypasses Your Will Completely
If your property is held under Joint Tenancy, your share does not go through your Will — this is one of the most commonly misunderstood areas of estate planning.
Instead, the property passes automatically to the surviving owner under the Right of Survivorship. So, when you pass away:
- your share “disappears” legally
- the surviving owner automatically becomes full owner
- your Will is ignored for that property
For example:
Your Will says: “I leave my half of the HDB flat to my children.”
But the flat is held under Joint Tenancy with your spouse.
As a result:
❌ Your children receive nothing
✅ Your spouse becomes 100% owner immediately
Joint Tenancy vs Tenancy-in-Common
| Type of Ownership | Can your Will control your share? |
| Joint Tenancy | ❌ No |
| Tenancy-in-Common | ✔️ Yes |
✅ Actions: If you want your share to pass through your Will, the property must be held as Tenancy-in-Common (and if the property is an HDB Flat, ownership is subjected to HDB rules).
4. The Hidden Risk: “My Will Covers Everything”
This is one of the most dangerous assumptions in estate planning.
Disputes may arise among family members because:
- the Will indicates one set of distribution
- CPF shows another
- insurance follows nomination indicated (if any)
- property follows survivorship
This often results in:
- confusion
- legal disputes
- delays
- damaged family relationships
5. How to Properly Plan
A proper estate planning in Singapore is not a mere Will. You will need to align your:
✅ Will
✅ CPF Nomination
✅ Insurance Nominations
✅ Property Ownership Structure
They need to tell one consistent story.
Conclusion
Not everything you own can be given away by your Will.
CPF ignores it.
Insurance may bypass it.
Joint tenancy overrides it.
A good estate plan is a coordinated structure across all your assets.
Disclaimer: This article serves as general information and does not constitute legal advice. You should consult a qualified lawyer for advice tailored to your specific situation.
Information shared reflects the general legal and regulatory position in Singapore at the point of publication. Laws, regulations and administrative practices may change over time. Readers are encouraged to verify the latest position with relevant authorities.
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In the coming series
“The Joint Account Trap: Convenience vs Ownership” — If you add your child’s name to your bank account, does the money become theirs when you die?
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