Many Singaporeans assume that their assets will automatically be distributed fairly among their loved ones if they pass away without a Will. However, dying intestate (without a Will) means that your estate will be distributed according to Singapore’s Intestate Succession Act (Cap. 146). This may not always align with your personal wishes and can lead to complications for your family.
1. The Intestate Succession Act: Who Inherits Your Assets?
In the absence of a Will, the Intestate Succession Act dictates how your assets are distributed among your surviving relatives. The key rules are as follows:
| Surviving Family Members | Distribution of Estate |
| Spouse only | 100% to spouse |
| Spouse + children | 50% to spouse, 50% divided equally among children |
| Children only | 100% divided equally among children |
| Parents only | 100% to parents |
| Siblings only (if no spouse, children, or parents) | 100% divided equally among siblings |
| Grandparents only (if no spouse, children, parents, or siblings) | 100% divided equally among grandparents |
| Uncles & Aunts only (if no closer relatives) | 100% divided equally among them |
| No surviving family members | Estate goes to the Singapore government under bona vacantia |
2. Consequences of Dying Without a Will
a) Your Assets May Not Go to Your Preferred Beneficiaries
If you have dependents, close friends, or an unmarried partner whom you wish to provide for, they will receive nothing unless named in a valid Will. For example, unmarried partners (including common-law and same-sex partners) do not inherit under the Intestate Succession Act.
b) Delays and Complications in Asset Distribution
Without a Will, your family will need to apply for Letters of Administration from the Family Justice Courts to manage and distribute your estate. This process can take months and may result in disputes among family members.
c) Potential Family Conflicts
The legal process may not reflect your personal wishes, leading to disagreements. For instance, if multiple children inherit equal shares of a family home, disputes may arise over whether to sell or keep the property.
d) Guardianship Issues for Minor Children
If you have children under 21, a Will allows you to appoint a legal guardian. Without a Will, the Guardianship of Infants Act (Cap. 122) will determine who takes custody of your children, which may not align with your preference.
3. How to Avoid These Issues
To ensure that your assets are distributed according to your wishes, consider the following steps:
- Draft a Will: Clearly outline how your assets should be distributed.
- Appoint an Executor: This person will carry out the instructions in your Will.
- Update Your Will Regularly: Life events like marriage, divorce, or childbirth should prompt a review of your Will.
Dying without a Will can create unnecessary legal and emotional stress for your loved ones. By preparing a Will, you ensure that your assets go to the right people and that your family is taken care of according to your wishes.