Inheritance Archives | PKWA Full Service Law Firm

Guide to Muslim Wills (Wasiat) & Faraid Law in Singapore

Family Law, Inheritance, Probate & Letters of Administration

Effective estate planning is more than just a legal requirement; it is a profound act of responsibility toward your loved ones and an expression of your faith. For Muslims in Singapore, a Wasiat (Muslim Will) serves as the bridge between personal intentions and Islamic inheritance laws (Faraid).

The following guide outlines how you can protect your legacy and streamline the Muslim probate process for your family.

1. What is a Wasiat?

A Wasiat is a legal document that allows a Muslim to manage their estate beyond the fixed structures of Faraid. It provides a platform to:

Appoint an Executor: Select a trusted individual to manage and distribute your assets.

The One-Third Rule: Bequeath up to one-third (1/3) of your net estate to non-Faraid heirs (such as foster children, close friends, or non-Muslim relatives) or charitable organizations (Sadaqah Jariyah).

Express Last Wishes: Provide specific instructions regarding funeral arrangements or guardianship for minor children.

2. The Intersection of Wasiat and Faraid

In Singapore, the distribution of a Muslim’s estate is governed by the Administration of Muslim Law Act (AMLA). Unlike non-Muslims, whose estates follow the Intestate Succession Act, a Muslim’s estate is distributed according to Faraid.

Faraid: Defines the fixed shares for legal heirs (e.g., spouse, parents, children).

Wasiat Limitations: A Wasiat cannot change the fixed Faraid shares. It only applies to the remaining one-third of the estate. If a Wasiat attempts to give more than one-third, it is generally considered invalid unless all Faraid heirs provide consent after the testator’s death.

3. Navigating the Muslim Probate Process

When a Muslim passes away in Singapore, the legal process to “unlock” the estate is known as Probate (if there is a Wasiat) or Letters of Administration (if there is no Wasiat).

The Essential Step: The Inheritance Certificate

Before applying for a Grant of Probate at the Family Justice Courts, the executor must first obtain an Inheritance Certificate from the Syariah Court. This document officially identifies the Faraid heirs and their respective shares.

Expert Tip: For a smooth transition, many families engage specialized Muslim probate services to navigate the dual requirements of the Syariah Court and the Civil High Court.

4. Key Requirements for a Valid Wasiat

To ensure your Wasiat stands up in court and fulfills religious requirements, it must meet these criteria:

Eligibility: The testator must be Muslim, at least 21 years old, and of sound mind.

Proper Execution: The document must be signed in the presence of two Muslim male witnesses.

Witness Restrictions: Witnesses cannot be beneficiaries named in the Wasiat or Faraid heirs.

Asset Clarity: While Faraid covers most assets, some fall outside the estate, including:

CPF Savings (distributed via CPF Nomination).
Joint Tenancy Property (Right of Survivorship).
Life Insurance (with specific nominations).

Common Pitfalls to Avoid

DIY Risks: Simple errors in wording or witnessing can render the entire Wasiat void, leading to higher legal costs during the probate stage.

Outdated Documents: Life changes – like marriage, the birth of a child, or the death of an executor – require an update to your Wasiat.

Ambiguity: Vague instructions regarding “property” or “savings” can lead to family disputes. Be specific.

Why Seek Professional Help?

Muslim estate law in Singapore is a unique blend of religious principles and civil procedure. Professional Muslim probate services ensure that your Wasiat is not only Shariah-compliant but also legally enforceable under Singapore law, sparing your family from the stress of “Letters of Administration” which can be more costly and time-consuming.

Next Steps

Understanding muslim inheritance law in Singapore requires careful coordination between Islamic principles and civil procedures. If you are managing or planning a Muslim estate, you may refer to our detailed guide on Faraid Muslim inheritance, explore practical insights on Muslim inheritance matters, or access broader guidance via our probate resource hub to ensure the process is handled properly and efficiently.

What Happens to a Muslim’s Estate in Singapore After Death?

Family Law, Inheritance, Probate & Letters of Administration

Losing a loved one is never easy. On top of the grief, family members are often left to navigate unfamiliar legal and administrative processes – often without knowing where to begin.

If your loved one was Muslim, the process of settling their estate in Singapore follows a distinct legal framework that differs from civil inheritance law. Understanding this framework early can help your family avoid unnecessary delays, disputes, and costs.

The Starting Point: Did Your Loved One Leave a Wasiat?

A Wasiat is a Muslim will. If your loved one left one, it will appoint an executor to manage the estate and may include specific bequests for individuals or causes outside of the fixed inheritance shares under Islamic law.

However, a Wasiat does not govern the entire estate. Under Singapore law, the distribution of a Muslim estate is primarily governed by Faraid – the Islamic law of inheritance – administered through the Syariah Court. A Wasiat can only direct up to one-third of the net estate to non-Faraid beneficiaries. The remaining two-thirds must be distributed according to Faraid principles, regardless of what the Wasiat says.

If your loved one did not leave a Wasiat, the entire estate will be distributed strictly according to Faraid.

The Role of the Syariah Court

Before the estate can be administered, the family will need to obtain an Inheritance Certificate from the Syariah Court. This certificate sets out who the legal heirs are and their respective shares under Faraid.

This is a critical step that must be completed before applying to the Family Justice Courts for a Grant of Probate or Letters of Administration. Without it, the estate cannot be properly distributed.

Obtaining the Grant of Probate or Letters of Administration

Once the Inheritance Certificate is obtained, the next step is applying to the Family Justice Courts for legal authority to manage the estate:

If your loved one left a valid Wasiat, the executor named in it will apply for a Grant of Probate
If there was no Wasiat, the next-of-kin will need to apply for Letters of Administration

Without this Grant, banks, HDB, and other financial institutions will not release or transfer assets. It is the legal key that allows the estate to be settled.

Assets That Fall Outside the Estate

Not all assets are distributed through the Faraid or probate process. Some assets pass directly to nominated beneficiaries and do not form part of the estate:

CPF savings – paid directly to nominees by the CPF Board
Insurance policies – paid directly to nominees if a valid nomination exists
Joint tenancy property – passes automatically to the surviving owner

Where no nomination exists, these assets may be subject to different rules. Understanding how each asset is treated is important to ensure your family receives what they are entitled to.

Common Challenges Families Face

Settling a Muslim estate in Singapore can be more complex than many families expect. Some of the most common challenges include:

Locating the Wasiat – If the family is unaware of whether a Wasiat exists or where it is stored, this can delay the entire process. Check with the deceased’s lawyer or the Will Registry.

Disputes over Faraid shares – Fixed inheritance shares can sometimes lead to disagreements within the family, particularly where property is involved or where the deceased had intended a different distribution.

Mixed asset structures – Estates involving HDB flats, private property, CPF, insurance policies, and business interests each have their own rules. Navigating these simultaneously requires careful legal guidance.

Missing or invalid Wasiat – A Wasiat that was not properly witnessed, or that attempts to exceed the one-third limit, may be partially or wholly invalid, creating uncertainty for the family.

How Long Does the Process Take?

For straightforward estates, the process of obtaining the Grant of Probate or Letters of Administration typically takes one to two months from the time the application is filed. However, the preparation stage – gathering asset information, obtaining the Inheritance Certificate, and preparing the necessary documents — often takes longer.

More complex estates, particularly those involving property, multiple beneficiaries, or disputes, may take considerably more time.

Getting the Right Legal Help

Settling a Muslim estate involves two distinct legal systems – civil law through the Family Justice Courts, and Islamic inheritance law through the Syariah Court. Few law firms are experienced in navigating both.

Engaging a lawyer who understands both frameworks from the outset can save your family significant time, cost, and stress.

Frequently Asked Questions

1. Are Muslim estates in Singapore governed the same way as non-Muslim estates?

No. Muslim estates are distributed according to Faraid, the Islamic inheritance framework administered by the Syariah Court. The Intestate Succession Act, which applies to non-Muslims, does not apply to Muslim estates.

2. What should be done first after a Muslim passes away?

The family should check if a Wasiat (Muslim will) exists and locate the original. An application should then be made for an Inheritance Certificate from the Syariah Court to identify beneficiaries and their respective shares.

3. How do Wasiat and Faraid differ?

Faraid determines fixed shares for heirs under Islamic law. A Wasiat allows the deceased to distribute up to one-third of their estate to non-Faraid beneficiaries and cannot alter Faraid allocations.

4. Are both Syariah Court and Family Justice Courts involved?

Yes. The Syariah Court determines inheritance shares, while the Family Justice Courts grants legal authority (Grant of Probate or Letters of Administration) to administer the estate.

5. What if there is no Wasiat?

The estate will be distributed fully according to Faraid. The family must apply for Letters of Administration to manage and distribute the estate.

6. Are CPF and insurance payouts part of the estate?

Not always. CPF savings and insurance policies with valid nominations are distributed directly to nominees and are generally excluded from the estate.

7. Can a Wasiat exclude certain heirs?

No. Only up to one-third of the estate can be distributed via Wasiat, and only to non-Faraid beneficiaries. The remaining portion must follow Faraid rules.

8. How long does estate administration take?

Typically, obtaining the Grant takes one to two months after filing. Preparatory steps such as documentation and obtaining the Inheritance Certificate may take additional time.

9. What happens to an HDB flat?

Ownership structure matters. Joint tenancy results in automatic transfer to the surviving owner. Sole ownership or tenancy in common requires court processes before transfer or sale.

10. Is legal assistance necessary?

While optional, legal guidance is advisable due to the dual legal framework involving both civil and Islamic law.

11. What is an Inheritance Certificate?

It is an official document issued by the Syariah Court identifying heirs and their Faraid shares. It must be obtained before estate administration can proceed.

Speak to Our Lawyers

At PKWA Law, we have assisted Muslim families in Singapore with estate matters for over 30 years. We guide families through the entire process – from obtaining the Inheritance Certificate from the Syariah Court to applying for the Grant of Probate or Letters of Administration.

If you have recently lost a loved one and are unsure of your next steps, contact us for a free initial consultation. We will help you understand your options clearly and move forward with confidence.

Next Steps

Executor Duties and Responsibilities in Singapore Probate

Inheritance, Probate & Letters of Administration, Wills & Trusts

Singapore Probate Guide: Executor Duties, Powers & Limits

When a person passes away leaving a will, the executor plays a central role in ensuring that the deceased’s wishes are properly carried out. In Singapore, an executor’s duties are governed by the will itself, the Probate and Administration Act, and general principles of fiduciary responsibility.

An executor has to apply for a Grant of Probate or Letters of Administration. His primary duty is to act in the best interests of the beneficiaries and to administer the estate honestly, diligently, and in accordance with the law.

Key Responsibilities of an Executor

In most estates, an executor is responsible for the following tasks:

Registering the death with the relevant authorities
Locating the original will and confirming its validity
Arranging the funeral, if no other arrangements have been made
Safeguarding estate assets, including property, bank accounts, and valuables
Notifying banks, insurers, CPF Board, and financial institutions of the death
Identifying and valuing estate assets, including property, investments, and insurance proceeds
Preparing and filing the probate application with the Family Justice Courts
Paying outstanding debts and liabilities of the estate
Distributing the estate to beneficiaries according to the will

Once the Grant of Probate is issued, the executor is legally authorised to collect and deal with the estate assets.

What an Executor Must Not Do

Being an executor comes with significant legal responsibility. An executor must not:

Act contrary to the terms of the will
Put personal interests ahead of the beneficiaries
Delay or neglect the administration of the estate without good reason
Misuse, misappropriate, or withhold estate assets
Prefer one beneficiary over another without legal basis
Cause loss to the estate through carelessness or misconduct

Executors owe a fiduciary duty to all beneficiaries. If their actions (or inaction) result in financial loss, they may be held personally liable.

Can One Executor Act Without the Others?

If a will appoints more than one executor, they are generally expected to act jointly.

However, in practice:

An executor who does not wish to act may renounce their role before probate is granted
Alternatively, probate may be granted to one executor with power reserved to the others, allowing them to step in later if needed

Once an executor has started dealing with the estate, stepping aside becomes more complicated and legal advice should be sought.

Can an Executor Act Alone?

Yes. A will may appoint only one executor, and that executor may administer the estate alone.

That said, certain situations may require additional appointments. For example, where a continuing trust is created under the will, a second trustee may need to be appointed even if there is only one executor.

Can Executors Act Independently of Each Other?

Where multiple executors are appointed, decisions should be made together. While one executor may take on a more active role, all executors remain jointly responsible for the administration of the estate.

This means:

Less active executors are still liable for improper acts
Executors must keep each other informed
Lawyers engaged for probate typically act for all executors collectively

Can an Executor Change a Will?

No. An executor has no authority to change the terms of a will.

In limited circumstances, beneficiaries may agree to vary how an estate is distributed through a Deed of Family Arrangement or similar agreement. This requires the consent of all affected beneficiaries and does not give executors unilateral power to alter the will.

Can an Executor Decide Who Gets What?

No. Executors do not decide entitlements. Their role is to implement, not rewrite, the deceased’s instructions.

Executors manage the process but must distribute assets strictly in accordance with the will (or intestacy rules, where applicable).

Can an Executor Witness a Will?

Yes. An executor may witness a will only if they are not also a beneficiary.

If a beneficiary witnesses a will, their gift may be rendered invalid under Singapore law.

Can an Executor Benefit Under the Will?

Yes. It is common for an executor to also be a beneficiary, particularly where a spouse or close family member is appointed. This is lawful, provided the executor did not act as a witness to the will.

Can an Executor Be the Sole Beneficiary?

Yes. An executor may also be the sole beneficiary of the estate. This frequently occurs where a surviving spouse inherits the entire estate.

Can an Executor Remove a Beneficiary?

No. Executors have no power to remove or exclude beneficiaries named in a will. Failure to distribute an inheritance as directed may expose the executor to personal liability.

Can Executors Resolve Disputes Between Beneficiaries?

Executors may assist with practical administration issues, but disputes involving interpretation of the will, entitlements, or fairness should be referred for legal advice or resolved through the courts if necessary.

Can an Executor Resign?

Yes. An executor may renounce their role before probate is granted.

Once probate has been granted, resignation is more complex and may require court approval.

Can an Executor Be Changed After Death?

Generally, no. Once a person has passed away, the executor named in the will stands unless:

The executor renounces their role
The court removes the executor due to misconduct or incapacity

If there is no executor willing or able to act, a beneficiary may apply for Letters of Administration with Will Annexed.

Can an Executor Live in the Deceased’s Property?

Not automatically. An executor has no right to occupy estate property unless:

They were already living there, or
The will grants a right of occupation, or
All beneficiaries consent

If occupation is allowed, rent may need to be paid to the estate.

Can an Executor Sell Property?

Yes. Executors may sell estate property to pay debts or distribute proceeds, subject to:

Restrictions in the will
Joint ownership arrangements
Beneficiary agreements

Can Executors Be Held Liable?

Yes. Executors may be held accountable for breaches of duty even years after the estate is administered. Claims may arise where beneficiaries suffer loss due to negligence, delay, or misconduct.

Speak to a Probate Lawyer in Singapore

At PKWA Law, our probate lawyers regularly assist executors and administrators in Singapore with obtaining Grants of Probate and Letters of Administration efficiently and correctly.

We can help you:

Confirm whether probate or letters of administration are required
Prepare and file the probate application with the Family Justice Courts
Advise you on your legal duties and responsibilities
Clarify next steps once the Grant is issued

Contact PKWA Law here to get started.

Need guidance on your situation?

If you would like clarity on your options or next steps, speak to our lawyers at PKWA Law for a confidential discussion. Visit our practice area page for further information, or use the Contact Us form below.

Deed of Family Arrangement: Resolving Family Disputes in Singapore

Inheritance, Wills & Trusts

We understand that family dynamics can be complex, especially when it comes to managing assets, estates, and resolving disputes. Our experienced team of family lawyers specialises in drafting Deeds of Family Arrangement – an essential tool for families seeking to settle disagreements and establish clear terms for the distribution of assets without resorting to costly litigation.

A Deed of Family Arrangement formalises an agreement between family members, ensuring fairness, clarity, and peace of mind. Whether you’re looking to address inheritance issues, redistribute property, or resolve conflicts, we work closely with you to tailor the arrangement to your family’s unique needs and preferences.

Trust PKWA Law to guide you through the process with professionalism, sensitivity, and expertise. We aim to preserve family harmony while protecting your interests and ensuring legal compliance every step of the way. Contact us today to discuss how we can assist you in drafting a Deed of Family Arrangement that meets your specific requirements.

What Is a Deed of Family Arrangement?

A Deed of Family Arrangement is a legally binding agreement that allows family members to resolve disagreements regarding the distribution of an estate. This document is commonly used when there are disputes over a will, claims of unfair distribution, or situations where there is no will (intestate estate).

The deed outlines the terms agreed upon by all involved parties, ensuring clarity and finality to the settlement. It can cover issues such as redistributing estate assets, waiving specific rights, or compensating beneficiaries to resolve claims.

Benefits of a Deed of Family Arrangement

(1) Preservation of Family Relationships

By resolving disputes amicably through mutual agreement, families can avoid the bitterness that often accompanies prolonged litigation.

(2) Flexibility

Unlike court-determined decisions, a Deed of Family Arrangement allows parties to tailor solutions that best meet their unique needs and circumstances.

(3) Cost-Effectiveness

Settling disputes through a deed is usually less expensive than pursuing legal proceedings, saving on court fees and legal costs.

(4) Time-Saving

Family disputes in court can take months or even years to resolve. A Deed of Family Arrangement offers a quicker resolution.

Key Considerations Under Singapore Law

(1) Legal Capacity and Consent

All parties to the agreement must have the legal capacity to contract and must give their consent freely. Agreements made under duress, undue influence, or misrepresentation can be challenged in court.

(2) Compliance with the Inheritance (Family Provision) Act

If a dependent (such as a spouse, child, or parent) is left without adequate provision under a will or intestate distribution, they may make a claim under the Inheritance (Family Provision) Act. The terms of the deed should take into account potential claims under this Act.

(3) Adherence to Formalities

The Deed of Family Arrangement must be in writing and signed by all parties involved. It is also prudent to have the deed witnessed by a lawyer to ensure its validity.

(4) Tax Implications

Any changes to the distribution of assets should consider potential stamp duty and income tax implications, particularly if properties are involved.

(5) Registration of Property Transfers

If the agreement involves transferring immovable property, it must comply with the requirements of the Singapore Land Authority (SLA). Necessary forms and registrations should be filed to complete the transfer.

When Should You Consider a Deed of Family Arrangement?

A Deed of Family Arrangement is ideal in situations where:

There is dissatisfaction among beneficiaries regarding the terms of a will.
Family members wish to amend the distribution of an estate to reflect their current circumstances.
Disputes have arisen regarding the interpretation of a will or the rightful heirs of an intestate estate.

Conclusion

The Deed of Family Arrangement is an effective tool for resolving family disputes while preserving relationships and avoiding costly litigation. However, it is essential to draft the deed carefully, ensuring compliance with Singapore’s legal framework and consideration of all relevant factors.

Engaging an experienced lawyer is crucial to safeguarding your interests and ensuring the agreement’s enforceability. If you are considering a Deed of Family Arrangement, consult a legal professional to guide you through the process and provide the necessary legal support.

Need guidance on your situation?

How to protect digital assets in your Will

Inheritance, Wills & Trusts

As our lives become more digital with social media, internet banking, online working, cryptocurrency, eBooks, the metaverse, digital art and NFTs, we inevitably need to consider digital assets when dealing with estate planning and succession.

Singapore is seen as leading the way in recognising digital assets in the mainstream financial world. However, we have no specific laws yet dealing with digital assets and wills.

Traditionally, people will include houses, vehicles, bank accounts, share portfolios, investments, jewellery, and other assets with monetary value in their wills. Occasionally, people also include sentimental items in their wills.

As more people enter the digital asset market, they are considering including digital assets, such as cryptocurrencies and NFTs, in their wills. But have you considered photos, social media accounts, online working forums, etc?

Digital asset estate planning

Your digital estate refers to all the assets that you have in digital form. Digital estate planning helps your loved ones to settle your digital persona and presence after your death, and deal with digital assets of value.

When we look at Statista, they expect that the number of digital asset users in Singapore will reach 2,042k by 2027, with user penetration expected to increase from 25,7% in 2023 to 33.2% by 2027. With this increase in users, it makes sense that we should consider how to deal with our digital assets after our death.

By drawing up a digital estate plan and including it in your will, you are protecting your online assets from risks such as identity theft, hacking, fraud, etc., and ensuring it ends up with the right people after your death.

If you don’t specifically include your digital assets in your will, they will be dealt with as part of your residuary estate and go to whoever inherits that in your will. If you die without a will, it will go to whoever is entitled to it under intestate succession.

What are your digital assets?

Currently, there is no legal definition of “digital assets” in Singapore. Digital assets include anything in digital format, for example:

Online accounts, e.g., online gaming, remote working platforms, PayPal, etc.
Photos, videos
eBooks and documents
Social media accounts
Music files
Digital art
Emails
Cryptocurrencies
Non-fungible tokens (NFTs)
Loyalty programmes, e.g., frequent flyer miles, banking awards, etc.

As we can see, some digital assets only have sentimental value, but others may be worth significant amounts of money. Whether sentimental or worth millions, do you want to risk it going to the “wrong” person after your death? Or even worse, to remain unclaimed in the digital world?

The general rule is that an asset can be included in a will or intestate succession if the asset is legally classified as “property”. The legal position surrounding digital assets, however, can be complicated. And not all digital “assets” have monetary value or are owned by you.

Are digital assets “property”?

Until recently, whether cryptocurrency and NFTs qualify as “property” you can include in your will in Singapore was uncertain. However, in CLM v CLN and others [2022] SGHC 46, the Singapore High Court expressly stated, “Having considered the extant case law and especially the analysis in Ruscoe (Ruscoe v Cryptopia Ltd (in liq) [2020] 2 NZLR 809), I was of the view that cryptocurrencies satisfied the definition of a property right in Ainsworth.”

In Ainsworth, the court defined “property” as, “It must be definable, identifiable by third parties, capable in its nature of assumption by third parties, and have some degree of permanence or stability.”

The court held that crypto was property and could be subject to a proprietary injunction.

In Janesh s/o Rajkumar v Unknown Person (‘CHEFPIERRE’), [2022] SGHC 264, the High Court came to the same conclusion and held that non-fungible tokens are “property”.

The Singapore Family Court also accepts that digital assets form part of matrimonial assets that can be divided. Although it was never disputed, in UTL v UTM, [2019] SGHCF 10, the Family Division of the High Court held that a Bitcoin holding could be divided as a matrimonial asset.

Although recent case law established that crypto and tokens can be included in your will, there are many practical concerns about how this will work. Unlike assets in bank accounts and investments, cryptocurrency and digital tokens are not easily accessible by personal administrators.

Cryptocurrency is held in crypto ‘wallets’, and without the necessary information, your beneficiaries cannot access it.

How should you deal with crypto in your will?

You need to specifically list your cryptocurrencies and leave step-by-step instructions on how to access your digital wallet. Crypto has a very small paper trail, and your beneficiary may never find it if you don’t specifically mention it.

Typically, crypto wallets are protected by crypto keys. Tokens can also be stored in brokerage-type accounts. To gain access, your administrator will need specific information to access the assets. They might need login passwords, encryption keys, plus public and private crypto keys to unlock your digital wallet.

One of the challenges dealing with your digital property in your will is privacy and security. Your will becomes public record upon your death. You should consider setting out passwords, login details, crypto keys, etc., in a separate document to prevent the wrong people from gaining access to your digital assets and accounts. You could even appoint someone specific to be your digital executor. This could be a tech-savvy person you trust with knowledge of digital asset management.

You should also consider including access devices, such as smartphones, computers, flash drives, etc., through which your beneficiaries or executor can access online accounts, etc.

What about sentimental digital assets?

Not all your digital assets have monetary value. Although some can be monetised, many are purely sentimental. Yes, a photo on Instagram or Facebook could have monetary value, especially if you are an influencer, but a significant percentage of social media and other digital assets only have legacy or sentimental value. Since many social media accounts do not have a monetary value, it is still unsure if they can be classified as “property”.

Still, you do not want your personal information floating randomly in the cloud after your death. When you die, your online presence remains, and you should consider leaving instructions on what should be done with your social media accounts, photos, personal documents, etc., after your death.

The instructions can be left in a separate letter of wishes.

Do we “own” our social media and online accounts?

We do not own all our digital “assets”. On some platforms, you merely hold the right to access the forum, set up an account, and use the platform on their terms. Ownership depends on the terms of each digital platform. You must determine the terms of each platform you access digitally, understand what your administrator can or can’t do after your death, and leave specific instructions.

Most platforms have some form of online tools that can be used to manage accounts after your death. Some social media platforms, Facebook, for example, provide that loved ones can “memorialise” a deceased account. The same feature is available on Instagram. This prevents others from logging in and “using” your Facebook account.

You might want your account deleted or online documents with personal information destroyed. There may be things that you want to keep a secret from your loved ones.

On Facebook, you can set specific settings yourself to have your account deleted as soon as Facebook is informed of your death. Your account will be permanently erased.

If you have a Gmail account, Google has options for deleting the account. It also has options for dealing with Google photos, documents, contacts, etc.

Your iCloud account is non-transferable, and unless you have a family storage plan, all rights to your Apple ID and content in your account will terminate upon your death.

It can also be confusing when it comes to things like online banking. Although your online bank account can be classified as a digital asset, and your online statements would be, the money in your account is not a digital asset. That would be dealt with in the traditional way. However, you should find out the procedure for dealing with your online profile and all your financial information.

Leaving access codes, usernames, and passwords to someone you trust to access and manage these platforms after your death is critical. You should include a letter of wishes or instructions on what you would like to happen after your death.

Conclusion

Traditionally, your administrator will deal with an asset such as a bank account by getting a grant of probate, producing it to the bank, and then claiming and distributing your money according to your will.

To deal with your digital assets, your administrator must not only be aware of their existence, but they must also know how to access your digital assets and have access to the devices on which you accessed and managed your accounts. Estate planning around digital assets requires a bit more effort than around your traditional assets.

In short, to effectively deal with digital assets, you need to follow these steps:

Identity and list your digital assets
Decide if it has monetary or sentimental value
Specify beneficiaries or leave a letter stating what should happen to your digital assets
Consider access to your digital assets – leave clear instructions and all the necessary “access tools”
Consider how you want to leave instructions and to whom

If you haven’t thought about including your digital assets in your will yet, you should seek legal advice as soon as possible to decide how to protect your digital assets and legacy.

Need guidance on your situation?

If you would like clarity on your options or next steps, speak to our lawyers for a confidential discussion. Visit our practice area page to learn more about our services and how we can help.

Testamentary Trusts to Protect Your Children’s Inheritance from Their Divorce

Inheritance

Many of our clients ask us what they can do to protect their hard-earned money when they pass it on to their children, and their son or daughter later goes through a messy divorce. We all want to protect our children’s inheritance and certainly don’t want it to fall into the hands of an adversary through some legal process.

We also don’t want to rely on expensive trust companies or banks to manage our wealth and assets. Most clients prefer to manage their hard-earned wealth themselves.

At PKWA Law, we can help you to keep control of your assets and protect your children’s inheritance from lawsuits and divorce settlements. Testamentary trusts offer a straightforward family-centred solution, and not just for the super-wealthy. Ordinary citizens and families now use testamentary trusts as a useful and powerful tool to manage and protect their assets after their death.

In Singapore, trusts are governed by the Trustees Act 9 (Cap 337), and many principles are adopted from English law. The Trustees Act was specifically modified in 2004 to promote wealth management in Singapore.

What is a testamentary trust?

A testamentary trust is a type of trust created through a person’s will, and it only comes into effect upon their death. Unlike other trusts, such as a living trust, the testator maintains full control over their assets while still alive.

The testator can change the terms of the trust, change the beneficiaries, or revise their will entirely before their death. When making the will, the testator specifies who the trustee will be and how the assets will be managed after their death.

If the testator wishes to keep it in the family, the trustee can be a spouse or a trusted family member. It ensures that things remain simple and personal.

A testamentary trust is useful not only to protect your children’s inheritance from divorce or other lawsuits, but also to provide for young children (and protect them against a future marriage of the surviving spouse). It can look after dependents with special needs or any beneficiary who needs help managing large amounts of money.

Once the trust comes into operation after the testator’s death, it is irrevocable. The trust now owns the assets. The testator’s appointed trustee will now control and administer the assets for the benefit of the beneficiaries as specified by the testator’s will. Selecting the right trustee is critical.

You should discuss the role of the trustee with a lawyer who has experience in testamentary trusts to ensure that you are 100% familiar with the role and responsibilities of the trustee who will administer the assets, and ultimately protect your children’s inheritance.

What are the advantages of a testamentary trust?

Retention of control

One of the main attractions or advantages of a testamentary trust is retaining control. The testator maintains 100% control over their assets during their lifetime and appoints a trustee of their choice to manage the assets after their death. It is a way to protect your assets and loved ones, even when you are no longer there to do so yourself.

Flexibility in distribution

During their lifetime, the testator can change how they want their assets distributed and to whom. The testator can leave specific instructions on how and when the assets should be distributed to beneficiaries after the testator’s death. You can customise your wishes based on the individual circumstances of your beneficiaries.

Protection of assets

By creating testamentary trusts, parents can shield the inheritance from potential risks such as lawsuits, bankruptcy, or divorce settlements. As a parent, your chosen trustee will administer your wealth and distribution to your children according to your wishes as set out in the trust.

Simplicity and family involvement

Testamentary trusts can be kept within the family, with a spouse or family member serving as the trustee, ensuring a personal touch, and reducing expenses associated with hiring a professional trustee.

How can a testamentary trust shield your child’s inheritance from future lawsuits?

By establishing a testamentary trust and placing the assets in the trust, the assets become trust assets after your death, meaning they are separate from your child’s personal assets. The testamentary trust will safeguard those assets against potential lawsuits targeting your child’s assets.

If there is a lawsuit, the trust acts as a protective barrier, preserving the inherited assets for the intended beneficiaries. The trust assets are shielded from creditors or legal claims.

How can a testamentary trust preserve your child’s inheritance during a divorce?

Divorces can become messy and complex. As we know, marital assets are subject to division between the spouses. Lawyers and the court often determine the division if it is a contentious divorce.

In Singapore, the courts can order the division of matrimonial assets under section 112 of the Women’s Charter. The first step is to determine what assets are matrimonial assets.

Matrimonial assets are defined in Section 112(10) of the Women’s Charter and can include assets acquired during or before the marriage. Assets acquired before the marriage becomes matrimonial assets if used or enjoyed by one or both spouses, or their children while they lived together, or if it was substantially improved during the marriage by either or both.

When the courts consider division, they will look at the following:

The contributions (direct financial, or indirect) made by each party towards the matrimonial assets
The needs of the children of the marriage
The extent of the contributions made by each party to the welfare of the family
Any agreements between parties on the division of assets

As a parent, you want to know that your child and their inheritance will be protected. You don’t want your hard-earned money that you passed on to your child divided in your child’s divorce. If there are grandchildren, you also want to ensure they can benefit from your hard-earned wealth.

Establishing a testamentary trust can protect your child and future generations in a divorce.

A testamentary trust can provide instructions or include provisions that safeguard the inheritance from being considered matrimonial property, helping to preserve family wealth for future generations. The assets remain trust assets, not personal assets.

By incorporating a testamentary trust, parents can ensure their children’s inheritance remains separate property and is not subject to division during divorce proceedings. Giving you peace of mind that your children and grandchildren will still benefit from their inheritance.

Doesn’t the Women’s Charter exclude inheritance in any way?

Section 112 of the Women’s Charter states that inheritance will not form part of the matrimonial property and should be protected from division. However, it is far more complicated in real life.

The Singapore Court of Appeal ruled earlier this year in CLB v CLC [2023] SGCA 10 that a man who tried to exclude an inheritance of S$3.8 million from the matrimonial property pool must share it with his former wife. Before the marriage, they drew up a prenuptial agreement, specifically excluding inheritance from the matrimonial property pool. Subsequently, the husband received the inheritance.

During the marriage, some of the money was kept in a joint account; the husband also included the money in messages referring to “our net wealth”.

The court held, ‘A spouse who has a proprietary interest in a non-matrimonial asset naturally has the right to deal with that asset in any way the spouse wishes, including by bringing it into the matrimonial pool.’

In the circumstances of the case, the court found the husband intended that the assets belonged to the family. Therefore, the assets lost their character as an inheritance that falls outside of the matrimonial property.

The case illustrates how easily inheritance money can be co-mingled with other matrimonial assets to the extent the court can hold that the inheritance no longer falls outside the matrimonial assets.

Suppose your child, at any stage of the marriage, acts in a way that could be interpreted as having the intention to include the inheritance in the matrimonial pool. In that case, it can be subject to division at the breakdown of the marriage.

However, if the assets are protected in a testamentary trust, they cannot be co-mingled into the matrimonial pool. It doesn’t belong to your child – it remains a trust asset managed to benefit your child.

Setting up a testamentary trust in Singapore

A testamentary trust has significant consequences for your beneficiaries. You must do it properly.

If your intention is to protect your children’s inheritance against future lawsuits or divorce, it is critical to ensure the trust will provide the protection that you intended. You must comply with all the requirements for a valid will and all the laws governing trusts in Singapore.

The basic requirements for setting up a trust include the following:

The testator must have the mental and legal capacity to draw up a will and create a trust
It must be certain that the testator intends to create a testamentary trust
The purpose of the trust must be clear
The assets that should fall into the trust must be specifically identified
The beneficiaries must be clearly identified

In a testamentary trust, the will creating the trust must also comply with all the formalities of the Wills Act.

The basic requirements for making a will in Singapore are:

The will must be in writing
The testator must be 21 years old
The testator must sign at the foot of the will
The testator’s signature must be witnessed by at least two witnesses, who must also sign in the testator’s presence
The witnesses may not be beneficiaries of the will or spouses of beneficiaries.

To ensure your testamentary trust complies with all the laws governing wills and trusts, you should seek legal advice from a lawyer with experience in this area of law.

A lawyer who understands the legal complexities of divorce, division of property, and testamentary trusts, will be able to guide you through the process and advise the best way to protect your children’s inheritance from any future lawsuits or divorce.

Removing an Executor of a Will in Singapore

Family Law, Inheritance, Probate & Letters of Administration, Wills & Trusts

Removing an Executor of a Will in Singapore: Rights of Beneficiaries and Legal Options

When a loved one passes away, the executor of their will plays a crucial role in ensuring the estate is properly administered. Executors must act in good faith, manage the estate competently, and distribute assets according to the will.

But what happens if an executor fails in their duties, causes delays, or acts against the beneficiaries’ interests? In Singapore, beneficiaries can take steps to remove an executor and appoint a replacement. This article explains the role of executors, common problems, and the process for removing or replacing an executor under Singapore law.

What is an Executor?

An executor is the person appointed in a will to administer the estate of the deceased. Their key responsibilities include:

Applying to the Family Justice Courts for a Grant of Probate
Collecting and safeguarding assets (bank accounts, property, CPF nominations, investments)
Paying off debts, taxes, and funeral expenses
Distributing assets to the beneficiaries as directed in the will
Keeping proper records and acting in the best interests of beneficiaries

Executors must act diligently and with integrity. If they fail to do so, the beneficiaries may suffer financial loss or prolonged delays in receiving their inheritance.

When Might an Executor Be Removed?

While most executors carry out their duties responsibly, problems sometimes arise. Situations that may justify removal include:

1. Inaction or Delay

Failing to apply for a Grant of Probate within a reasonable time (usually within 6 months).
Prolonged failure to collect assets or distribute them.

2. Mismanagement of Assets

Selling property below market value.
Poor record-keeping or lack of transparency.
Commingling estate assets with personal funds.

3. Conflict of Interest

Acting for personal gain at the expense of beneficiaries.
Withholding information or favouring certain beneficiaries.

4. Incapacity or Unsuitability

Loss of mental capacity, illness, or unwillingness to act.
Executor living overseas and unable to fulfil duties effectively.

5. Breach of Duty

Refusing to account to beneficiaries.
Misusing estate funds.
Conduct that suggests dishonesty or bad faith.

Legal Grounds for Removal of an Executor in Singapore

Under the Probate and Administration Act, the Family Justice Courts have discretion to remove or replace an executor if it is in the best interests of the estate and beneficiaries.

Common grounds include:

No application for a Grant of Probate made within 6 months of death
Executor neglects or refuses to proceed with probate after being appointed
Executor is unable, unwilling, or unsuitable to act
Misconduct, mismanagement, or breach of fiduciary duty

In such cases, beneficiaries (or other interested parties) may apply to court to have the executor removed and another person appointed.

What Happens After Removal?

If the court removes an executor, it may:

Appoint a substitute executor (if one is named in the will), or
Appoint an administrator (usually a beneficiary or next-of-kin) through a Grant of Letters of Administration with Will annexed.

This ensures that estate administration can continue smoothly and beneficiaries are protected.

Disputes Between Executors and Beneficiaries

Disagreements are common in estate matters, especially when family dynamics are strained. Common disputes include:

Beneficiaries alleging the executor is favouring certain parties
Executors withholding information or refusing to provide accounts
Co-executors clashing on how to manage assets

Beneficiaries can protect their interests by:

Seeking legal advice early
Requesting formal estate accounts
Filing a caveat to prevent probate from being granted without notice
Applying to court to remove or replace the executor if necessary

Practical Steps for Beneficiaries

If you believe an executor is not acting in the estate’s best interests, here are practical steps to consider:

Raise Concerns Directly – Communicate with the executor and request updates or accounts.
Seek Mediation – Sometimes disputes can be resolved through dialogue with legal guidance.
File a Caveat – To prevent probate being granted until your concerns are heard.
Apply to Court – If serious misconduct or delay exists, apply for removal or substitution.

Why Engage a Probate Lawyer?

Executor disputes are complex and emotionally charged. Beneficiaries often feel powerless when delays or misconduct occur. A probate lawyer can:

Advise you on whether the executor is in breach of duty
Guide you on legal remedies, including caveats and court applications
Protect your rights as a beneficiary
Act as a neutral adviser to prevent unnecessary family conflict

Contact PKWA Law today

Executors have serious responsibilities, and beneficiaries have the right to expect competent and honest administration of an estate. If an executor fails in their duties, Singapore law provides avenues for their removal to safeguard the estate and beneficiaries.

At PKWA Law, our probate lawyers have over 30 years of experience advising on wills, probate, and estate disputes. If you are facing concerns about an executor, we offer clear, practical advice to help you protect your inheritance.

Contact us today if you are considering making an application to the court to remove executors from a will or contest a will.

Need guidance on your situation?

Contesting a Will in Singapore

Inheritance, Probate & Letters of Administration, Wills & Trusts

Contesting a Will in Singapore: Grounds, Procedure & Your Legal Options

A will is meant to reflect a person’s final wishes about how their estate should be distributed. In Singapore, if a will is validly made under the Wills Act, the courts will generally uphold it – even if family members feel the distribution is unfair.

However, there are circumstances where a will can be challenged. If you believe a will does not reflect the testator’s true intentions, or if you are a dependent left without adequate provision, you may have legal grounds to contest it.

This guide explains who can contest a will in Singapore, the grounds recognised by law, the process involved, and what happens if a challenge is successful.

Who Can Contest a Will in Singapore?

Only certain people have standing to challenge a will. These include:

Beneficiaries named in the will who believe it is invalid.
Family members or dependents excluded from the will or inadequately provided for.
Next-of-kin who would otherwise benefit under the Intestate Succession Act if no valid will exists.

Grounds for Contesting a Will

A will cannot be challenged simply because it feels “unfair.” The law sets out specific grounds:

1. Invalid Will (failure to meet legal formalities)

A will must comply with the Wills Act. It will be invalid if:

The testator was under 21 years old.
It was not in writing.
The will was not signed by the testator.
It was not properly witnessed by two witnesses present at the same time.
A beneficiary (or their spouse) acted as a witness.

If these formalities are not met, the will may be set aside.

2. Lack of Mental Capacity

The testator must have understood what they were doing when the will was made. If they suffered from dementia, mental illness, or were under the influence of drugs or alcohol, the will can be challenged on this basis.

3. Undue Influence

A will may be invalidated if someone coerced or pressured the testator into making it. Proving undue influence is difficult, as the burden of proof lies on the person contesting the will.

4. Fraud or Forgery

If a signature was forged, or if the testator was misled into signing a document they did not understand as a will, the will is invalid.

Inadequate Provision for Dependents

Even if a will is valid, dependents (such as a spouse, minor children, or children with disabilities) can apply to court for reasonable maintenance under the Inheritance (Family Provision) Act.

Procedure for Contesting a Will

The process depends on whether probate has been granted:

Before Grant of Probate

You may file a caveat with the Family Justice Courts.
A caveat prevents probate from being granted until your objections are heard.

This buys time to investigate your claim and gather evidence.

After Grant of Probate

You can file a probate action within six months of the grant.
In certain cases (e.g., discovery of a later will), the court may allow a challenge after six months.
You must file a writ and affidavit setting out the grounds for your challenge.

If successful, the court may revoke the probate and order redistribution of the estate according to intestacy rules or a valid earlier will.

What Happens if a Will is Invalid?

If the court finds the will invalid:

The estate may be distributed under the Intestate Succession Act (default inheritance rules).
If an earlier valid will exists, the estate may be distributed according to that will.
Executors named in the invalid will lose their authority, and administrators may be appointed instead.

Alternatives to Contesting a Will

Challenging a will in court can be costly and stressful. In some cases, dependents may instead:

Apply for maintenance if they were inadequately provided for.
Engage in mediation to resolve disputes among beneficiaries and executors without lengthy litigation.

How PKWA Law Can Help

At PKWA Law, we have more than 30 years of experience in probate and estate matters. Our team regularly advises clients on both straightforward probate applications and complex contested wills.

We can:

Assess whether you have valid grounds to contest a will.
Advise on whether to file a caveat or probate action.
Represent you in negotiations, mediation, or court proceedings.
Guide dependents on alternative options such as maintenance claims.

If you are considering contesting a will, contact us today for a free initial consultation. We’ll help you understand your options and protect your rights.

FAQs on Contesting a Will in Singapore

1. Can I contest a will just because I feel it is unfair?

No. Dissatisfaction is not enough – you must prove legal grounds such as invalidity, undue influence, fraud, or inadequate provision for dependents.

2. How long do I have to contest a will?

Generally, you must contest within six months after a Grant of Probate is issued. However, exceptions may apply if new evidence (like a later will) surfaces.

3. What is a caveat in probate?

A caveat is a notice filed in court to prevent a Grant of Probate from being issued until your claim is considered.

4. What happens if the will is found invalid?

The estate will either be distributed under the Intestate Succession Act or under a valid earlier will.

5. Is contesting a will expensive?

It can be. Costs depend on complexity, evidence required, and whether the case goes to trial. Mediation or applying for maintenance may be more cost-effective alternatives.

Need guidance on your situation?

Trusts in Singapore

Inheritance, Wills & Trusts

The super-wealthy has been using trusts to hold and pass on family wealth for decades, if not centuries. These days, trusts still offer many advantages for people seeking to protect their wealth and pass on assets without lengthy probate procedures. It can also provide an effective tax solution and protect assets from creditors.

Many families and individuals, not just the super-wealthy, now see trusts as an increasingly powerful wealth and asset management tool.

In Singapore, trusts are governed by the Trustees Act (Cap 337), and many of the principles are based on English trust law. Over the years, the Trustees Act has been amended to promote the use of trusts for wealth management in Singapore. Today, trusts are an increasingly popular tool available for anyone to protect and manage assets within the safety net of a well-defined and regulated legal framework.

So, what is a trust, and should you consider setting up a trust?

A trust is best described as a legal arrangement whereby one person (the settlor) transfers property to another person (the trustee). The trustee then holds the property for the benefit of specified trust beneficiaries. The settlor can determine which assets are included in the trust and how they should be distributed to the beneficiaries.

It can also be described as a fiduciary agreement where the appointed trustee administers and manages the assets for the beneficiaries. The trustee has a fiduciary duty and statutory obligation to act in the best interests of the beneficiaries. The beneficiaries have beneficial ownership of the assets.

The settlor can appoint a “protector” to oversee the trustee and protect the trust, making sure the trustee does not abuse their power.

There are different types of trusts, each with its own benefits. Whether you should set up a trust and what type of trust will depend on your aim and individual circumstances.

Why create a trust?

Asset protection

When the settlor transfers assets to the trust, legal ownership of those assets rests with the trust. These assets are thus protected against any creditors or lawsuits against the settlor.

This form of asset preservation is one of the primary benefits of trusts for high-risk individuals or business owners. Personal assets are protected against business risks. If the settlor becomes bankrupt, the trust assets are protected against creditors. The same applies to professionals at risk of being sued for professional negligence. Trust assets cannot be used to settle creditor or compensation claims. Trust assets will also be protected in any matrimonial property disputes.

Take note that assets must be in the trust for a minimum period before being protected from claims.

Financial management

Trusts can be used to manage a family’s wealth. The settlor can specify how the assets should be invested. The trustee will manage the assets and distribute them to the beneficiaries according to the terms and conditions of the trust.

Tax efficiency

If you fall in a high tax bracket and the income you generate from certain assets increases your taxable income, you may want to consider placing those assets in a trust. Earnings from those assets will then fall in the trust, and the tax liability will fall on the beneficiaries.

Trusts and distributions to beneficiaries are also taxed, but the trust and distributions can be structured to spread the tax burden in a way that is tax effective for all parties.

Succession planning

The trust assets will not be subject to lengthy probate proceedings when the settlor passes away. Singapore trust laws also protect against forced inheritance regimes under certain circumstances.

The settlor can specify when and to whom assets must be distributed after the settlor’s death. If the settlor’s descendants are minors, the assets can remain in the trust and be distributed later as specified by the settlor. In this way, the interests of young children or children who are not capable of managing their own affairs can be protected.

In some circumstances, it could be beneficial for the descendent to keep the assets in the trust for the benefit of grandchildren. For example, if receiving the benefit would place the beneficiary in a higher tax bracket, or they live in a country with high estate duties, leaving the asset in the trust for the next generation might be prudent.

If you think setting up a trust suits your circumstances, you need to consider the different types of trusts.

Types of trusts

The legal consequences of creating a trust and what you will achieve by creating a trust depend on the type of trust.

There are many different types of trusts, and an experienced trust lawyer will advise you on the best option for your circumstances.

A few types of trusts include:

Inter Vivos Trusts

This trust is created in the settlor’s lifetime. It is also called a Living Trust. The assets are placed in the trust during the settlor’s life. The settlor can state their wishes for managing and distributing benefits in a Letter of Wishes. The settlor can also revise the Letter of Wishes in the future.

Inter Vivos trusts are used for tax savings and protecting assets and can be very useful if the settlor becomes incapacitated in future.

Examples of Inter Vivos trusts include:

Private family trusts to manage the family’s wealth, protect assets from probate proceedings and forced inheritance legislation;
Investment trusts created solely for investment purposes; and
Asset protection trusts to protect the settlor’s assets from business losses and creditor claims.

Testamentary Trusts

A testamentary trust is formed in the settlor’s will. Upon the settlor’s death, the assets will pass into the trust as specified in the will. There is no trust whilst the settlor is still alive. It only comes into effect when the settlor dies. This type of trust is useful when the settlor has young children, dependents with special needs, or beneficiaries who cannot manage their inheritance.

A standby trust

A standby trust is a mix of a Testamentary and an Inter Vivos trust with the benefits of both. The trust is formed, but no, or very few, assets are placed in the trust whilst the settlor is still alive. Beneficiaries can be named. The trust is dormant until a specific event occurs. The trustee is on standby until the event occurs.

The settlor can assign insurance policies to beneficiaries. CPF nominations can be included, and provisions can be made for mental incapacity.

If the specified event occurs, the assets can be transferred to the trust via a power of attorney. Alternatively, assets will be transferred upon the death of the settlor.

The set-up fee is low, without the fees to transfer the assets. The annual costs are minimal, while the trust remains dormant.

What exactly are the powers of the trustee over trust assets?

This is a question that many people are concerned about when transferring their assets into a trust. Fortunately, the trustees’ powers are well regulated in Singapore.

Powers of trustees

Trustees get their powers from the terms of the trust instrument. The Trustees Act and common law principles further regulate the operation of trusts and the powers and responsibilities of trustees.

The trustee must adhere to specific minimum standards of conduct. Trustees have a statutory duty to exercise reasonable care and skills to exercise their duties and powers.

Forms of trusts and trustee powers

The specific form of the trust further determines the trustees’ powers. Whether the trust is fixed or discretionary, revocable, or irrevocable, significantly impacts the trustee’s powers. Before you set up a trust, you should consider the following:

Discretionary trusts

In a discretionary trust, the trustee has complete discretion. When and what percentage of the assets must be distributed to whom in the pool of beneficiaries is the trustee’s sole discretion.

This type of trust can be handy to protect family assets from matrimonial property disputes in divorce. It can protect beneficiaries against creditors, and it provides the possibility to adapt to changes in beneficiaries’ circumstances.

Discretionary trusts can be valuable tools in managing family dynamics. Where a family member is bad at managing money, or at high risk of legal claims, or there are constant disputes amongst family members, the trustee can use their discretion to manage through the dynamics. Trusts also offer confidentiality.

Fixed trusts

Contrary to discretionary trusts, the settlor determines who gets how much and when under a fixed trust. The trustee has no discretion. Trustees merely administer the assets according to the terms and conditions of the trust.

Revocable trusts

The settlor can terminate a revocable trust. The settlor can also change the terms of the trust. This makes it possible for the settlor to retain some control over the assets.

However, revocable trusts may open the door for creditors or spouses to claim against trust assets in the event of bankruptcy or divorce. The court may decide that the settlor still controls the assets.

Irrevocable trusts

Under an irrevocable trust, the settlor retains no legal rights or control over the assets placed in the trust. He cannot revoke or change the terms of the trust. The assets are no longer part of the settlor’s estate.

If the assets have been in the trust for at least five years, it is protected against creditor and divorce claims.

How do you create a trust?

Trusts are created through trust instruments, for example, a contract, a will, or a trust deed. Creating a trust can have significant consequences for the settlor and the beneficiaries. Anyone considering setting up a trust should seek expert legal advice.

There are specific basic requirements for setting up a trust.

The settlor must have the legal and mental capacity to create a trust.
There must be:
Certainty of the settlor’s intention to create a trust;
Clarity on the object or purpose of the trust;
Specific assets identified as trust assets; and
Compliance with all laws and legislation governing trusts.

A trust comes into being when the assets are transferred to the trust or when the settlor declares himself a trustee via a declaration of trust, now holding the assets for the beneficiaries.

Whether you should create a trust depends on your financial, family, and business circumstances. Trusts have undeniable benefits for wealth management and asset protection.

In Singapore, trusts are well regulated. Individuals and families can create trusts and have peace of mind that their assets are in capable hands and protected by a well-established common law and statutory framework. In addition, Singapore allows settlors to retain some power over the assets and play a role in managing investments if they wish to do so.

An experienced trust lawyer can advise you on the best trust option and structure for your circumstances.

A Comprehensive Guide to HDB Inheritance Rules in Singapore

Inheritance, Probate & Letters of Administration, Wills & Trusts

A Comprehensive Guide to HDB Inheritance Rules in Singapore

Inheriting a Housing and Development Board (HDB) flat can be complicated and confusing. Many factors influence the process. To ensure a smooth process for inheriting a HDB flat, it is crucial to understand the rules around wills and probate.

Another scenario to consider is when you are the co-owner of an HDB flat, and the other owner passes away. You need to understand HDB inheritance rules and the implications on your ownership to organise and protect your affairs.

Bear in mind that government policies may change and it is always best to refer to the HDB’s website for the latest policies.

Eligibility Conditions for Proposed Flat Owners

The following is an extract from the HDB website containing the latest eligibility conditions as of May 2023. Proposed flat owners must meet these criteria before taking over ownership of an HDB flat.

Reason for Change: A change in the existing family structure (e.g., divorce, marriage, or demise of an owner).
Relationship: Proposed owners must be an immediate family member (e.g., spouse, parents, children, or siblings) of the current owners.
Eligibility Scheme: The proposed owners must be able to take over ownership under one of the existing eligibility schemes.
Age: Proposed owners must be at least 21 years old.
Citizenship: Proposed owners can be a Singapore Citizen (SC) or a Singapore Permanent Resident (SPR). If all proposed owners are SPRs, they and the essential occupiers must have held permanent residency for at least 3 years.
Other Property Ownership: The proposed owners must not be a current owner or essential occupier of another HDB flat, DBSS flat, or an Executive Condominium (EC) unit (within its 5-year Minimum Occupation Period).

Religion and HDB Inheritance

Religion may affect the inheritance of HDB flats, with different laws for Muslims and non-Muslims.

If the deceased is Muslim:

No will: The flat will be dealt with under Syariah Law (Faraid).
With a will: The owner can only bequeath 1/3rd of the property. The court will distribute the remaining 2/3rd of the interest in the flat according to Faraid.

If the deceased is non-Muslim:

No will: Ownership is dealt with under the Intestate Succession Act. A relative or beneficiary can approach the court to be appointed as a trustee.
With a will: The will must be proved and executed under probate. The appointed executor will oversee the process following the Probate and Administration Act.

Types of Ownership and HDB Inheritance

It’s essential to establish if a flat is owned under a joint tenancy or tenancy-in-common. This is always subject to HDB’s prevailing conditions for taking over ownership.

Joint Tenancy:

All co-owners have an equal share in the flat.
If one co-owner passes away, their interest is automatically passed to the remaining eligible owners.
This will override a will, so the will is not a factor.

Tenancy-in-Common:

Each owner has a separate interest in the HDB flat.
If an owner passes away, their share is transferred based on inheritance laws; it will not automatically transfer to the remaining owners.
If there is a will, it will be distributed to the beneficiaries set out in the will. If there is no will, the Intestate Succession Act will apply.

The Process of HDB Inheritance

Here is a brief overview of the process of HDB inheritance. We always recommend engaging a lawyer to ensure compliance.

For a Joint Tenancy:

The remaining owner must lodge a Notice of Death with the Singapore Land Authority (SLA).
This can be done with the help of HDB or directly at the SLA.
The remaining owner must include all required documents, including the Death Certificate.

For a Tenancy-in-Common:

The deceased’s family should approach a lawyer to obtain a Grant of Probate (if there is a will) or a Grant of Letters of Administration (if there is no will).
After obtaining legal authority from the court, the executor or administrator must register their legal right to manage the estate.

Common Issues with HDB Inheritance

If all legal requirements are met, the inheritance process should proceed smoothly. However, several issues can arise:

Beneficial vs. Legal Ownership: The person paying the mortgage is sometimes not the legal owner on paper. This can complicate matters and require proving payments to protect their interest.

Family Conflict: Inheritance may cause a lot of conflict amongst surviving family members or co-owners.

Lack of a Will: Without a valid will, your interest in the HDB flat might end up with a person who is not your first choice, as inheritance will be determined by law.

If you own an HDB flat and have specific wishes, it is essential to draw up a will and consult with a lawyer knowledgeable about inheritance law.

Start With a Free, No-Obligation Consultation

We offer a free, no-obligation consultation to answer your questions, assess your needs, and provide clear, personalised advice. Our lawyers will explain your options and outline your costs upfront, helping you take the next step with confidence.

Contact us today:

Tel: +65 6854 5336

Whatapp: +65 9090 3158

Email: enquiry@pkwalaw.com