Who Inherits Flat Depends On Type Of Home Co-Ownership

Source : The Sunday Times, Mar 9, 2008

Q I HAVE a Housing Board (HDB) flat that I had applied for together with my father before my marriage. Should anything happen to me, will the flat go to my wife or my father, who is a co-owner of the flat?

My wife has her own income but ever since we got married, she has not contributed a single cent to the household. I feel she does not deserve to get anything should I suffer any mishap.

What can I do to protect my assets from her? I want my father to at least have the bigger share of my assets, including the flat.

A IT IS important to first ascertain how the HDB flat is co-owned by your father and you. Co-ownership can be in the form of a joint tenancy or a tenancy in common.

Joint tenancy basically means the owners own the whole flat together. Tenancy in common would mean that each owner has a stipulated share in the said flat, for example, you might own 70 per cent while your father owns 30 per cent.

In the case of a joint tenancy, upon the death of one owner, the other, surviving joint owners will retain the flat in their own names. This is the right of survivorship.

Joint tenants cannot will their share in the flat. If they do so, the will becomes ineffective.

In the case of tenants in common, the share of the deceased owner will not go to the surviving owner but will instead be inherited by the estate of the former.

If you and your father own the flat as joint tenants, then should you die before your father, your share will go automatically to your father and he will become the absolute owner of the flat. Your wife will not get any share.

Similarly, if your father dies before you, you will become the absolute owner.

Should you die later on, your estate will inherit the flat. If you have made a will, the flat will be inherited by the person to whom you have willed it.

If you die without a will, your flat will go to your estate under the laws of intestacy. In other words, your wife and children, if any, will inherit the said flat, in accordance with the Intestate Succession Act Cap 146.

If you do not want your wife to inherit the flat, you can make a will stating whom you want the property to be inherited by, if your father dies before you.

If your father and you own the flat as tenants in common, you can make a will to state who is to inherit your share of the flat, should you die.

If you die without a will, then your share of the flat will go to your estate under the laws of intestacy, that is, your wife and children, if any, would inherit the said share of the flat, in accordance with the Intestate Succession Act Cap 146.

Sharanjit Kaur
Partner, Khattarwong

Advice provided in this column is not meant as a substitute for comprehensive professional advice.


Who gets the flat?

In a joint tenancy, upon the death of one owner, the other surviving joint owners will retain the flat in their own names. In the case of tenants in common, the share of the dead owner will be inherited by his estate.