Is creating a will really necessary?
Talking about death isn’t something most of us enjoy, but as the saying goes, two things in life are certain: death and taxes. Without a plan or a clear discussion about how your assets should be distributed, you may unintentionally create complications for your loved ones—whether it’s your spouse, children, or others who matter most to you.
What Happens In Singapore When Someone Passes On?
Before going to a company that does estate planning (i.e. a company that helps you with will writing and its execution), it is important to know that Singapore has its own default Intestate Succession Act. That means the rules set on intestate succession apply in the absence of a valid will. Muslims in Singapore have a separate rule, which is in accordance to Islamic inheritance laws.
For non-Muslims, here are some things you and your parents need to know about the intestate succession act.
Read Also: How Setting Up A SNTC Trust Help You When You Or Your Loved Ones Have Special Needs
#1 Spouse & Children Split The Inheritance/Estate
Contrary to popular belief, your spouse does not automatically inherit everything upon your passing. Instead, your assets are typically divided—50% to your spouse and 50% to your children. If you have more than one child, their share of 50% is split equally among them.
However, note that this does not automatically apply to all your assets. Here are a few examples. Our list is not exhaustive.
HDB Flats: For HDB flats held under joint tenancy, the concept of the right of survivorship 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 co-owners. This is regardless of whether the deceased joint owner has left behind a valid will.
Joint Savings Account: Joint savings accounts are savings accounts held under two names. Under the right of survivorship concept, the bank can release all the remaining balance to the surviving joint account holders. However, as pointed out in some articles written by law firms, this is not necessarily always the case and can be disputed. For the purpose of this article, just note that Joint Savings Accounts do not necessarily fall under a person’s estate.
Insurance Policies: When you buy a life insurance policy, you have to make a policy nomination. The person/s in your policy nomination will receive the insurance policy benefits. Thus, life insurance payouts do not fall under a person’s estate.
In the tragic event that a husband passes away while his wife is expecting, the unborn child is still recognised as a beneficiary.
#2 Absence Of Children, But With Parents
It’s important to note that if you don’t have children, your assets are split 50/50 between your spouse and your parents. This situation can be more complex than many realize. To illustrate, let’s consider a scenario where someone leaves behind the following assets upon their passing.
HDB Flat (Joint owner with spouse)
One Private Apartment (Under his/her name, worth $1million)
$200,000 cash
The HDB flat will automatically be transferred to his/her spouse. However, the spouse and parents split the apartment and the cash equally. That means each party receives $600,000.
Obviously, this split cannot be obtained without first selling the private apartment. Hence, it is not uncommon for assets such as property to be forced to be sold in the event of death unless the surviving beneficiaries can agree on what they wish to do or if a party chooses to refuse his/her share.
#3 Absence Of Spouse, But With Children & Parents
If there is no surviving spouse, but children and parents are still around, then the children automatically get everything. This is split according to how many children there are.
It is interesting to note that while surviving spouses do not get everything in the absence of children (i.e. they need to split this with parents), the opposite does not apply if there are surviving children and parents but no spouse. The children get everything in this instance.
Other Scenarios
Absence of spouse or children:
Parents will get everything in the absence of any spouse or children.
Grandchildren can claim parent’s share:
If a parent has passed on, their children can claim their parent’s share.
Absence of spouse, children, parents:
Siblings will get equal portions.
Absence of spouse, children, parents, siblings:
Grandparents will take equal portions.
Absence of spouse, children, parents, siblings, grandparents:
Uncles and aunts will take equal portions.
Absence of any relations
The government shall be entitled to the whole of the estate
Read Also: Funeral Guide In Singapore: Here’s What To Do After The Death Of A Loved One
If you don’t have a will, the state decides how your assets are distributed based on legal guidelines, which may not align with your or your dependents’ wishes.
Estate planning becomes even more critical for those with significant assets. Compared to previous generations, today’s 60- and 70-year-olds often hold more wealth. As Singapore continues to prosper and more families accumulate assets, will writing and estate planning will increasingly become essential for most families.
Writing A Will is Important
When writing a will in Singapore, you must be at least 21 years old, and the will needs to be signed by two witnesses who aren’t beneficiaries or married to them. Appointing an executor is essential, and naming a guardian is crucial if you have minor children.
Not all assets, like joint HDB flats or CPF savings, are covered by a will, so separate arrangements may be needed. Regularly review your will after major life changes. If you own foreign assets, consider separate wills for each country. Though Singapore has no estate duties, overseas assets may have tax implications. Proper planning ensures your will is clear and legally valid.
Read Also: Introducing My Legacy, A Government Portal That Helps Us Through The Toughest Periods In Life
The post What Happens To People’s Assets When They Pass On? appeared first on DollarsAndSense.sg.
