No one likes to think about what happens after they pass away, but planning for the future is essential to ensure your loved ones are taken care of. In Singapore, if a person passes away without a valid will, their estate will be distributed according to the Intestate Succession Act (ISA). This means the law, rather than the individual’s personal wishes, dictates who inherits their assets.

Understanding the laws of intestacy is crucial, especially if you have family members who depend on you financially. Without proper estate planning, your assets may not be distributed in the way you intended. This article explains how intestate succession works in Singapore and why having a will or estate plan can help you gain better control over your legacy.

How Intestate Succession Works in Singapore

Who Does the Intestate Succession Act Apply To?

The Intestate Succession Act applies to all Singaporeans and Permanent Residents except for Muslims, who follow the Syariah law on inheritance. If a non-Muslim passes away without a will, their estate will be distributed based on Section 7 of the Act, which prioritizes family members in a specific order.

The hierarchy of distribution is as follows:

1️⃣ Spouse and children
2️⃣ Parents
3️⃣ Siblings
4️⃣ Grandparents
5️⃣ Aunts and uncles

If there are no surviving relatives from these categories, the estate will be claimed by the Government.

Breakdown of Inheritance Rules Under the Intestate Succession Act

To make the rules clearer, here’s a simplified breakdown of how assets are distributed under different scenarios:

1️⃣ If the deceased leaves behind a spouse but no children or parents

👉 The spouse inherits 100% of the estate.

2️⃣ If the deceased leaves behind a spouse and children

👉 The spouse receives 50%, and the remaining 50% is divided equally among the children.
👉 If a child has passed away, their share goes to their children (the deceased’s grandchildren).

3️⃣ If the deceased leaves behind children but no spouse or parents

👉 The children inherit 100%, divided equally.
👉 If a child has passed away, their share will go to their own children (the deceased’s grandchildren).

4️⃣ If the deceased leaves behind a spouse and parents but no children

👉 The spouse receives 50%, and the parents receive the remaining 50% (shared equally if both parents are alive).

5️⃣ If the deceased leaves behind parents but no spouse or children

👉 The parents inherit 100%, divided equally.

6️⃣ If the deceased leaves behind siblings but no spouse, children, or parents

👉 The siblings inherit 100%, divided equally.
👉 If a sibling has passed away, their children (the deceased’s nieces or nephews) inherit their share.

7️⃣ If the deceased leaves behind grandparents but no spouse, children, parents, or siblings

👉 The grandparents inherit 100%, divided equally.

8️⃣ If the deceased leaves behind aunts and uncles but no spouse, children, parents, siblings, or grandparents

👉 The aunts and uncles inherit 100%, divided equally.

What Happens If There Are No Surviving Family Members?

When a person passes away without a will and has no surviving family members, their estate is considered ownerless property (bona vacantia). Under Singapore’s escheatment laws, the Government of Singapore automatically inherits the entire estate. This means that all assets, including money, property, and investments, are transferred to the state.

Why Does the Government Inherit the Estate?

The purpose of escheatment is to prevent assets from remaining unclaimed indefinitely. Without a legal heir, there is no individual or entity responsible for managing or utilizing the estate. The Singapore Government absorbs these unclaimed assets and may use them for public or state purposes.

Can Anyone Make a Claim on the Estate?

While the estate formally goes to the Government, there may be special cases where a claim can be made:

• If a long-lost relative is later discovered and can prove their relationship, they may be able to petition for the assets.
• Individuals or organizations who had a financial or moral claim to the deceased (such as unpaid creditors or dependents) may be able to submit a case to the Public Trustee’s Office for consideration.
• If the deceased had expressed a wish to donate their estate to charity, organizations may attempt to contest the escheatment.

To avoid the risk of escheatment, having a will and proper estate planning is crucial. A will ensures that your assets go to the people or causes you care about, rather than defaulting to the Government. Even if you have no immediate family, you can still name friends, charities, or other beneficiaries in your will to ensure your wealth is distributed according to your wishes.

Why Having a Will Matters

While the Intestate Succession Act ensures that assets are distributed among family members, it does not take into account:
✅ Personal wishes—You may want specific people (including non-family members) to inherit certain assets.
✅ Unmarried partners—Your long-term partner will not inherit anything unless legally married.
✅ Stepchildren, godchildren, or friends—They are not entitled to any share under intestacy laws.
✅ Charitable donations—Without a will, you cannot allocate part of your estate to causes you support.
✅ Estate planning strategies—A well-planned estate can reduce tax liabilities and avoid legal complications.

By writing a will, you gain control over who inherits your estate and ensure your assets are distributed according to your wishes rather than a fixed legal formula.

Secure Your Legacy with Proper Estate Planning

Dying without a will means losing control over how your assets are distributed. While Singapore’s Intestate Succession Act provides a structured way for assets to be passed down, it may not align with your personal wishes.

To avoid unnecessary disputes and ensure your loved ones are well taken care of, consider creating a will or an estate plan today. Doing so gives you peace of mind, protects your family, and ensures your legacy is passed on exactly as you intend.

Need Help with Estate Planning?

If you’re unsure about how to structure your estate or want to ensure your assets are distributed according to your wishes, speak to our experienced estate planners today.

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