Part 2 of SG Law Guru’s 7-Part Will Series
Most Singaporeans delay making a Will.
Some feel they are “still young”, others think they “don’t have much”, and many assume that “my family will know what to do.”
Unfortunately, law doesn’t work based on assumptions or family understanding.
If you pass away without a Will, you are considered to have died intestate, and your assets — including your HDB flat — will be distributed strictly under the Intestate Succession Act (“ISA”).
This often leads to results people — dead or alive, never intended.
🔍 What Happens If You Don’t Have a Will?
When someone passes away without a valid Will, the ISA determines how the estate is distributed. You cannot adjust the percentages, the beneficiaries, or the conditions.
Key Intestacy Scenarios (Non-Muslims in Singapore)
| Surviving Family | Distribution (Intestate) |
|---|---|
| Spouse + Children | 50% to spouse, 50% divided equally among children |
| Spouse only (no children/parents) | 100% to spouse |
| Children only | 100% divided equally |
| Parents only | 100% divided equally |
| No immediate family | Goes to siblings → grandparents → uncles/aunts → etc. |
| No relatives at all | Entire estate goes to the Government |
The ISA will NOT consider:
- unmarried partners
- stepchildren not legally adopted
- vulnerable or special-needs dependents
- charitable wishes
- who you promised your HDB flat to
- sentimental or specific gifts
- who you trust to manage your estate
A Will is the only way to override these rigid rules.
🏠 HDB Flats & Intestacy — Where Serious Problems Begin
Your HDB flat is likely your most valuable asset. But intestacy + HDB rules often create complications your family cannot fix.
1. Joint Tenancy vs Tenancy-in-Common
Joint Tenancy: Your share automatically passes to the surviving co-owner (right of survivorship). A Will cannot override this.
Tenancy-in-Common: Your share forms part of your estate and is distributed via your Will (or intestacy if no Will).
Many owners don’t even realise how they own their HDB Flat — joint tenancy or tenancy-in-common.
Clashes often occur when your HDB is owned under tenancy-in-common, and you leave behind your spouse and minor children, especially.
2. HDB Eligibility Rules Still Apply
Even if someone inherits your share, they must meet HDB rules (family nucleus, citizenship, private property ownership, age, etc.) before the flat can be retained.
If the beneficiary does not qualify → the flat may have to be sold.
3. When There Is No Will: Common HDB Nightmares
Scenario A: Spouse + Minor Children
A husband dies without a Will. He owns the flat as tenants-in-common with his wife
Under intestacy:
- 50% → wife
- 50% → minor children (held on trust)
Problem:
The mother cannot sell or refinance without court approval to protect the minors’ interests: this causes:
- long delays
- court applications
- frozen decisions on housing needs during a crisis
Takeaway: Without a Will, your spouse may be stuck — unable to make urgent housing decisions for the children
Scenario B: Intended Beneficiary Gets Nothing
Ms Lim wants to leave her HDB to her sibling. She dies without a Will.
Under intestacy:
- spouse (if any) → priority
- children → next
- parents → next
- siblings come much later
Her sibling may inherit nothing.
Takeaway: Intention doesn’t matter — only a valid Will does.
Scenario C: Unmarried Partner Left With Zero
Unmarried partners have no legal rights under intestacy, even if they lived together in the HDB for decades.
Only a Will (and proper co-ownership structuring) can address this.
Takeaway: Without a Will, unmarried partners have no legal rights — even after decades together.
🧩 Why Every Adult Needs a Will — Even If You’re Young or “Not Rich”
A Will ensures control, clarity, and protection, no matter your age, income level, or family structure.
✔️ Control Over Who Inherits
You decide:
- who gets your HDB share
- who receives savings, insurance proceeds (without nomination), digital accounts, and personal items
- who should not inherit anything
✔️ Appoint Someone You Trust (Executor)
Without a Will, the court decides who will manage your estate — this can delay the process and lead to unnecessary conflicts. In most cases, the court will appoint the deceased’s next-of-kin to act as the estate’s administrator.
✔️ Name a Guardian for Minor Children
The ISA cannot appoint a guardian — Only a Will can.
✔️ Protect Vulnerable Family Members
You can decide to:
- give more to a dependent with special needs;
- delay inheritance until age 25 / 30 using a simple trust; or
- ensure your spouse keeps the flat while others receive cash
Intestacy cannot do any of these.
✔️ Reduce Family Conflict
Clear instructions reduce disagreements, resentment, and legal challenges.
⚠️ Common Myths About Wills, Intestacy & HDB
Many people believe these myths; however, the law says otherwise:
❌ Myth 1: “I’m still young — no need for a Will.”
Accidents and sudden illnesses affect all ages. Your family suffers if you leave no instructions.
❌ Myth 2: “My spouse will automatically get the HDB.”
Not always. It depends on:
- ownership type
- intestacy rules
- HDB eligibility
❌ Myth 3: “Joint ownership already covers everything.”
Joint ownership covers only the flat.
It does not cover:
- bank accounts
- CPF OA refunds
- insurance without nominations
- investments
- personal items
- digital assets
You still need a Will.
🧭 Final Words from SG Law Guru
Every adult should ask themselves:
“If I die tomorrow, who will inherit—and who will suffer because I didn’t plan?”
Dying without a Will means:
- the ISA takes over
- HDB rules may block your intentions
- your family faces delays, disputes, and administrative burdens
A Will is simple, affordable, and one of the most responsible decisions you can make. Don’t wait until it’s too late — start planning your Will today.
Protect your wishes. Protect your family. Protect your home.
Disclaimer: This article provides general information and does not constitute legal advice. For advice tailored to your situation or assistance with Will drafting, please consult a qualified lawyer.
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