Wills Probate and Administration

What Happens When Someone Dies Without a Will

When someone dies without a will, the law decides who inherits. This is called dying “intestate”. For non-Muslims, the Intestate Succession Act sets the rules. Muslims are generally governed by Muslim law instead.

Who gets what?

The Act sets a fixed order of inheritance:

  • Spouse and children: Half goes to the spouse, and the children share the other half equally.
  • Spouse and parents, but no children: Half goes to the spouse and half to the parents.
  • Spouse only: The spouse receives everything.
  • Children only: The children share everything equally.
  • No spouse or children: The estate passes to parents, then siblings, then more distant relatives. If there are none, it goes to the State.

Other practical problems

First, the family must apply to the court for letters of administration. This takes time and can delay access to assets. In addition, the fixed split may not match what the person wanted. Unmarried partners and stepchildren, for example, receive nothing.

Some assets pass outside the will. CPF savings and insurance follow their own nominations. A jointly owned HDB flat usually passes to the surviving owner.

The simplest way to avoid these problems is to make a valid will.

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