While many of us may understand the importance of having a will, we often put it off until the reality is much closer in the final stages of our life. The reason? It forces us to confront a difficult topic – our limited time on earth.
Again, as we all know, sometimes the unexpected happens. We can pass on suddenly before making a will. When such a situation arises in Singapore, everything we own will then be distributed according to the Intestate Succession Act.
Read Also: What Happens To Your Investments In Singapore When You Pass Away?
What Is The Intestate Succession Act?
The Intestate Succession Act defines the law regarding intestacy, which refers to someone who passes away without a will. In Singapore, it determines how your estate, all your money and property, is divided among your surviving loved ones.
It’s important to note here that the Intestate Succession Act does not apply to Muslims. The estate of a Muslim is governed by Sharia.
Read Also: What Happens To Your HDB Flat After You Pass On Without Leaving A Will?
What Are The Rules Of The Intestate Succession Act?
For those who pass away without a will, here’s how your assets will be distributed, based on these 9 rules or situations.
Rule 1: Surviving Spouse, No Children, No Surviving Parents
If you pass away and have no children, and your parents have already passed, the whole estate (i.e all your money and property) will be given to your spouse.
Rule 2: Surviving Spouse, And Surviving Children
If you pass away and your spouse and children are still alive, your spouse will be entitled to 50% of your estate, and your children will share the remaining 50% of your estate equally among themselves.
Rule 3: Surviving Spouse, Children Have Passed But Have Children Of Their Own
If your children have passed, but they have surviving children of their own (i.e. your grandchildren), then the portion of your estate meant for your deceased child is shared equally among their children.
Rule 4: Surviving Spouse, No Children, And Surviving Parents
If you pass away with no children, and your spouse and parents are still alive, then your spouse will be entitled to 50%, while your parents will share the remaining 50% equally.
Rule 5: No Surviving Spouse, No Children, But Surviving Parents
If you pass away with no surviving spouse and no children, but your parents are still alive, then they will receive your entire estate, divided equally.
Rule 6: No Surviving Spouse Or Parents, No Children, But Surviving Siblings
If you pass away with no surviving spouse or parents, and no children, then your siblings will get all your money and property, divided equally among them. Should any of them have passed but have surviving children of their own (your nephews and nieces), then the portion of your estate meant for your deceased sibling is shared equally among their children.
Rule 7: No Surviving Spouse Or Parents, No Children Or Siblings, But Surviving Grandparents
If you pass away with no surviving spouse or parents, and no children or siblings, then your surviving grandparents will receive your entire estate, divided equally among them.
Rule 8: No Surviving Spouse, Parents Or Grandparents, No Children Or Siblings, But Surviving Uncles And Aunts
If you pass away with no surviving spouse, parents or grandparents, and no children or siblings, then your surviving uncles and aunts will receive your entire estate, divided equally among them.
In this situation, any deceased aunts or uncles who have children are not entitled to any share of your estate.
Rule 9: Should There Be No One Left To Distribute To, The Government Will Take The Estate
Should all these relatives have passed on, then by default, the government is entitled to the entirety of property and money.
Read Also: Complete Guide To Estate Planning In Singapore
What Is The Priority Of Distribution Of Assets?
According to the rules of the Intestate Succession Act, the priority is:
| Spouse |
| Children |
| Parents |
| Siblings |
| Grandparents |
| Aunts and Uncles |
It is crucial to note that your cousins, the children of your aunts and uncles, are not entitled to any part of your estate. If they are your only surviving relatives, you estate may go to the Government instead of them.
Read Also: What Happens To People’s Assets When They Pass On?
What Happens To Your CPF Savings When You Pass Away?
If you have not made a CPF nomination, your CPF savings will be distributed in accordance with the Intestate Succession Act.
As you can imagine, distributing it in this order may not be according to your wishes. For example, you may wish your spouse to have a larger proportion of your estate. Or perhaps you may not want your siblings to have a share of your property and money.
Leaving your estate, including your CPF savings, to be distributed according to the Intestate Succession Act can create unnecessary tension and ambiguity between your family members about your wishes and their rights, leading to unhappiness and disputes.
Read Also: Your Step-By-Step Guide To Making Your CPF Nomination Online
What Happens To Your Estate If You’re A Muslim In Singapore And You Pass Away?
As mentioned above, the Intestate Succession Act does not apply to Muslims in Singapore. The estates of Muslims in Singapore will be administered according to the Inheritance Certificate issued by the Syariah Court.
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