What exactly is dying intestate and why is that a problem?
Breaking the Silence: Let's (Continue) to Talk about Wills
Approximately 48% of Singaporeans do not have a will.
*Source: 2022 survey, St James's Place Singapore
If you die without a will, the law—not you—decides who receives your estate.
Definitions
intestate /ɪnˈtes.teɪt/
without a will
testate /ˈtes.teɪt/
with a will
Intestate Succession Act 1967
*applies to Non-Muslims
Without a will, your estate will be distributed according to the 9 rules stated in the Act, instead of your personal wishes.
For our Muslim friends, the Administration of Muslim Law Act 1966 will apply.
The 9 Rules
Rule | If the deceased leaves | General distribution outcome |
1 | A spouse, but no children or parents | 100%: Spouse |
2 | A spouse, children or other descendants | 50%: Spouse 50%: Children equally |
3 | Children or other descendants | *Assuming no spouse, estate is distributed among children. If a child is deceased, that child’s descendants may take parent’s share. |
4 | Spouse and parents, no children | 50%: Spouse 50%: Parent or parents |
5 | Parents | Parents equally |
6 | Siblings, or children of deceased siblings | Siblings: share equally Children of deceased sibling may take sibling’s share. |
7 | Grandparents | Grandparents equally |
8 | Uncles and aunts | Uncles and aunts equally |
9 | No eligible relatives | Singapore Government |
These rules apply only to the extent that the Intestate Succession Act applies.
The Act does not apply to Muslim estates, which are dealt with under Muslim law, including the applicable inheritance rules and Syariah Court processes.
Note: CPF savings are excluded from the estate and cannot be distributed through a will.
A separate CPF nomination is required if you’d like your savings distributed according to your wishes.
Possible issues when one dies intestate
You may not be able to do so under the 9 distribution rules.
What if you wanted to provide for:
an elderly parent, a disabled sibling, grandchild, unmarried partner, friend, or charity organisation?
This process may involve additional steps, unnecessary delay, professional fees and administrative costs.
Who should be managing your estate?
Without a will, the family will have to apply for Letters of Administration.
If there are minor children, the absence of a will may leave the family without clear written instructions on who should be their legal guardian.
What should you do?
Our advice: do not leave such important decisions to a default legal formula.
Speak with your financial adviser about your family circumstances, dependents, assets, nominations, and legacy wishes.
They can help identify the planning issues to consider and coordinate with a qualified lawyer to prepare or review a valid will.
Think it’s time to get started on your estate planning journey?
Reach out to us via our contact form for a complimentary consultation today!
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