When a loved one departs, things change in more ways than we can imagine. So how can death in the family affect your flat?
1. If a co-owner passes away and you are the other co-owner
Most flats in Singapore are joint-owned – by husband and wife, or parent and child. If a joint-owner passes away, his or her share of the flat will be transferred to the remaining owner.
As the remaining family or single occupier, you can retain the flat ownership if:
- You are a Singapore Citizen or Singapore PR
- You are at least 21 years old
- You fulfil HDB’s eligibility conditions to own the flat
2. If the sole owner passes away
If the flat’s sole owner passes away, their interest in the flat will be distributed according to their will; or if there is no will, according to the provisions of the Intestate Succession Act. A court order is required for legal authority to administer the deceased’s estate. The remaining family or occupiers should engage a private solicitor to apply for the appropriate court orders, which gives legal authority to the person named in the will (or if there is no will, someone as the Administrator) to manage the deceased’s estate.
Grant of Probate is needed if there is a will. This gives the person named in the will (the Executor) legal authority to manage the deceased estate.
Grant of Letters of Administration is needed if there is no will. This gives the Administrator legal authority to manage the deceased’s interest in the flat, which will be distributed according to the Intestate Succession Act.
As the remaining family or single occupier, you can retain the flat ownership if:
- You are a Singapore Citizen or Singapore PR
- You are at least 21 years old
- You fulfil HDB’s eligibility conditions to own the flat
Once the Grant has been obtained, you can engage your own solicitor or appoint HDB’s solicitor to act for you to register your legal right as the Executor or Administrator.
As the Executor or Administrator of the estate, you will have to complete relevant paperwork and apply at the HDB Branch in charge of the flat to transfer flat ownership to the beneficiaries. This is subject to HDB’s eligibility conditions governing transfer of flat ownership.