Do I Have To Claim Inheritance On My Taxes – If you are researching the inheritance of an HDB flat in Singapore, it is possible that you have been through something very difficult, such as the death of a family member. While you are in this difficult period of your life, having to figure out HDB inheritance rules and laws is frighteningly complicated.
You may have many questions like “What happens to the HDB if the owner dies?”, “Can I inherit an HDB if I currently own private property?”, “What if the HDB has another owner?”, “Who gets the HDB if Did the deceased have parents, siblings and children?” and so many others. We want to help you resolve this difficult topic.
Do I Have To Claim Inheritance On My Taxes
We are always ready to help you with your unique situation and guide you through this difficult process. Schedule a call for a free, no-obligation consultation.
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In this article, we will discuss the HDB inheritance laws and rules you need to know:
You need to equip yourself with the right knowledge when it comes to inheriting an HDB flat owned by a loved one, like your father or another family member, who has passed away.
Whether or not the deceased owner left a will plays an important role in how HDB property is passed on.
In essence, if the deceased owner left a will, the court will need to verify and validate it, after which the HDB property will be transferred in accordance with the will. However, if there is no will, the property will be distributed according to applicable laws based on the owner’s religion.
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When an HDB owner passes away, his or her assets will be administered and distributed in accordance with applicable laws.
If the deceased owner is not Muslim, the Family Justice Court will govern the case. Your HDB will be distributed in accordance with the Will (also called “Testamental Succession”).
In the absence of a valid will, the HDB flat will be approved in accordance with the “Intestate Succession Act”. We will discuss the acts in depth in a later part of this article.
If the owner is Muslim, the Syariah Court will govern him. When a Muslim owner passes away, his HDB will be distributed in accordance with his will (if any) and the “Islamic Inheritance Law”, also known as “Faraid”. We will discuss more about how this works in a later part of the article.
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If the deceased is Muslim and there is no will, the apartment will be passed on in accordance with the Syariah Faraid Law.
An “executor” (also known as “administrator”) can, in theory, be anyone, such as a child, spouse, or friend of the deceased owner. This person is the one who will supervise the entire process, is responsible for documentation, ensures that lawyers are paid and forms are filled out, etc. The functions of the executor are mentioned in the “Succession and Administration Law”.
If the deceased left a will, the Family Justice Court will issue a “Grant of Probate” to appoint an “executor” or “administrator” of the will. A Grant of Probate is a court order that gives the executor the right to carry out instructions and distribute the deceased owner’s HDB to the beneficiaries in accordance with the will. Generally, the deceased owner would mention the executor in their will.
If the deceased owner did not have a will, one of the beneficiaries, a family member or a trusted friend can apply to the court for a “Grant of Letter of Administration”. This court order will give the executor legal authority to administer the deceased’s assets. Typically, one of the beneficiaries, such as the owner’s spouse or child, is the executor.
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However, if none of the owner’s family or friends want to be executor, the court will appoint an officer to become the executor.
In theory, you can make applications regarding the inheritance of an HDB flat to the court yourself, without a lawyer. However, if you need help doing this, you can hire a lawyer to help you with the related paperwork.
For non-Muslims, the procedure for obtaining a probate can be found on the Family Justice Court website under “Probate”. The forms relating to this process can be found here.
For Muslims, you can apply for the Inheritance Certificate on the Syariah Court Singapore website under “Inheritance”.
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If the deceased HDB flat owner shares the property with siblings, spouses or other people, there are other rules that apply on how the property is transferred.
When your parents (or anyone) applied for an HDB, they were given 2 options (also called “Form of Detention”) with regards to the property:
In the case of joint tenancy, all co-owners have an equal interest in the property and the “Right of Survivorship” applies. In this case, upon the death of one of the owners, the deceased’s interests would automatically pass to the other co-owners, regardless of whether the deceased had a will or not. The remaining co-owners will still need to meet the eligibility conditions to own the inherited HDB flat.
Tommy and Jennie chose “Joint Tenancy” when the two bought an HDB together. This means they both have equal interests in the HDB. They have 2 children – Mark and Vivian.
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Before his passing, Tommy wrote a will to distribute his HDB share equally to Jennie, Mark and Vivian.
However, because Tommy and Jennie were under “joint tenancy,” Tommy’s will is invalid. Tommy’s entire share automatically transfers to Jennie, who now has full ownership of the HDB.
Image 1: Tommy’s ownership will automatically transfer to Jennie upon his passing once they purchased his HDB under “Joint Tenancy”.
In the case of Joint Tenancy, each owner has a separate and distinct interest in the HDB flat and the “Right of Survivorship” does not apply. This means that upon the death of one of the owners, their share of the property will not automatically transfer to the co-owner.
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As mentioned above, if the deceased co-owner left a will, the property will pass according to the will. If there was no will, as mentioned above, the Intestate Succession Act will determine how the HDB property will be passed on.
When Tommy and Jennie purchased HDB, they chose to hold 60% and 40% of the property respectively under “Tenancy-in-Common”. They have 2 children – Mark and Vivian.
Tommy wrote a will to distribute his 60% interest in the estate equally to Jennie, Mark and Vivian (which would mean 20% each).
Image 2: Tommy’s property will be transferred under his Wills and Inheritance Act upon his passing, as he and Jennie purchased his HDB under “Tenancy-in-Common”.
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As the HDB was held under “tenancy in common”, Tommy’s 60% is now distributed to his wife and children as per his will. The new property would be:
Inheritance laws vary for Muslims and non-Muslims. It also depends on whether the owner wrote a will or not. We will cover all of these scenarios below.
In the absence of a valid will, the HDB property will be distributed in accordance with the “Intestate Succession Law”.
This law defines how HDB property will be distributed if there is no will. Some common cases are listed below:
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If the deceased HDB owner has no immediate family, the property may go to his or her nieces, nephews, aunts or uncles. Finally, if the deceased owner has no living family members, the property will be transferred to the State (i.e. the Government).
Unfortunately, Tommy recently passed away and left no will. Tommy was the sole owner of his HDB flat.
HDB ownership is distributed so that Jennie (Tommy’s wife) receives 50% and Mark and Vivian (Tommy’s children) receive 25% each.
First, the will needs to be proven in court through a legal process known as “Probate”. In essence, the court will decide who the beneficiaries are based on the will. Then, if the will is valid, the apartment will be handed over to the beneficiaries chosen by the owner according to the will. This transfer of property through a valid will is called “Testamental Succession”.
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Tommy has 100% ownership of his HDB flat and has written a will to give his wife 80% ownership of the HDB flat, and his two children, Mark and Vivian, 10% each.
After Tommy’s death, the court proceeded to validate the will. After the Will was validated, the property would be transferred in accordance with Tommy’s instructions in his Will.
If the owner is Muslim, the execution of the will will be in accordance with Syariah Law. To understand the distribution, you first need to understand the “Islamic Heritage Law”, also known as “Faraid”.
According to “Faraid,” the deceased owner’s spouse(s) and immediate family members will receive larger portions of the property. Other eligible relatives would receive a smaller share compared to immediate family members. Additionally, male family members will receive double the share of
Distribution Of Inheritance Before Death
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