What Happens If You Die Without a Will in Singapore?

Last updated on May 28, 2021

Featured image for the "What Happens if You Die Without a Will in Singapore?" article. It features a will and a pen.

If the deceased did not leave a valid will behind before he passed away, Singapore’s rules on intestate succession, as outlined in section 7 of the Intestate Succession Act, will determine how the deceased’s estate is distributed to his survivors.

The rules are as follows:

SURVIVOR ABSENT WHO GETS WHAT
Spouse Children, parents Spouse gets everything
Spouse, children Spouse gets half, children gets the other half in equal portions
Children Spouse Children get everything in equal portions. Grandchildren can claim their parent’s share in equal portions if their parent is dead
Spouse, parents Children Spouse gets half, parents get half in equal portions
Parents Spouse, children Parents get everything in equal portions
Brothers and sisters (or children of the deceased brother or sister) Spouse, children, parents Brothers and sisters get equal portions. Their children can claim their share for them in equal portions if they are deceased
Grandparents Spouse, children, parents, brothers and sisters or children of such brothers and sisters Grandparents take the estate in equal portions
Uncles and aunts Spouse, children, parents, brothers and sisters or children of such brothers and sisters, grandparents Uncles and aunts take the estate in equal portions
None Everyone Government takes everything

Note: These Rules Do Not Apply to Muslims

The Intestate Succession Act does not apply to Muslims.

The distribution of property of a deceased Muslim domiciled in Singapore at the time of death is governed by Muslim law and the Syariah Court.

Watch the Video:

How to Start the Distribution Process

To start the distribution process, the deceased’s next-of-kin can apply to the court for a Grant of Letters of Administration. This is a court order authorising a person to administer the deceased’s estate, and distribute their assets, according to the rules in the Intestate Succession Act outlined above.

To find out what are the assets you can distribute under your will, download our free guide to will-making here:

What If There are No Surviving Next-of-Kin?

As stated in the table above, the government is entitled to a person’s assets if they die without leaving a will and without any surviving next-of-kin.

In this case however, it is possible for other persons unrelated to the deceased to inherit the deceased’s assets if they can make an equitable or moral claim against the deceased’s estate.

This is known as making a claim against a Bona Vacantia estate, which you can learn more about in our other article.

What Should You Do If You Want to Write a Will in Singapore?

It is possible for you to write your own will if you feel confident of doing so. Alternatively, you may also explore the following options:

Make a will online

We offer an online WillMaker service where you can make a will from home by answering a series of questions on the assets that you have and who should inherit these assets. You can also state who should be the guardian of your children who are under 21 years old when you pass away (if any).

The will document will be generated in Microsoft Word format. You can then print and sign it in the presence of 2 witnesses to make it legally valid.

WillMaker is ideal if you have a straightforward distribution of assets in mind and do not need other legal mechanisms such as setting up a trust. It costs $89 to make a will using WillMaker. Make a will via WillMaker here.

Hire a wills lawyer

If you need a more customised will, consider hiring a lawyer to draft a will for you. The lawyer will be able to tailor the will according to your precise requirements.

You can obtain quotes from lawyers who offer will-writing services through our Find a Lawyer service. Use of this service is free. Simply fill in your query and send it to up to 5 lawyers of your choice to receive quotes. Will-writing services by lawyers generally start from $300. Get will-writing quotes via Find a Lawyer here.

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  3. Guide to CPF Nominations & How to Make One In Singapore
  4. What Happens to Your Debts When You Die?
  5. Who Pays for the Mortgage Debts and Medical Bills After Death?
  6. Is Inheritance Tax Payable When You Die in Singapore?
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  9. Organ Donation in Singapore (under HOTA, or For Science)
  10. Finding Missing Persons in Singapore (or ‘Presumed Dead’)
Making a Will
  1. Making a Will in Singapore: What are the Formalities Involved?
  2. The Complete Guide to Making Your Will in Singapore
  3. Why Should You Make a Will?
  4. Checklist for Drafting a Comprehensive Will in Singapore
  5. Get An Affordable Will Made By Experienced Lawyers
  6. Choosing an Executor for Your Will in Singapore
  7. How to Prepare a Schedule of Assets for Your Will in Singapore
  8. Appointing a Guardian for Your Children in Your Will in Singapore
  9. What is a Mutual Will, Mirror Will and Joint Will?
  10. How to Give Away Overseas Assets in a Will in Singapore
  11. Can I Use My Will to Distribute Insurance Proceeds?
  12. Where Should You Store Your Will?
  13. How Can I Change My Will?
Preparing for Incapacity
  1. How to Plan for Mental Incapacitation
  2. Mental Capacity Assessment for LPAs and Wills
  3. Appointment of Deputies under the Mental Capacity Act
  4. How to Appoint a Deputy for Mentally Incapacitated Persons in Singapore
  5. Advance Medical Directives in Singapore
  6. Making a Lasting Power of Attorney in Singapore
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  8. Advance Care Planning in Singapore: Why and How to Get Started
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  2. What is a Trust? Trust Law in Singapore
  3. Fiduciaries and Fiduciary Law in Singapore
  4. Setting Up a Discretionary Living Trust in Singapore
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  1. No Executor For Your Loved One's Will: What to Do
  2. What is Probate? Is It Needed If Your Loved One Passes Away?
  3. Can the Public Trustee Administer Your Loved One's Estate?
  4. How to Get a Copy of a Deceased's Will in Singapore
  5. Managing a Loved One's Estate After Their Death in Singapore
  6. Applying for a Grant of Probate in Singapore
  7. Intestacy: Applying for Letters of Administration in Singapore
  8. Obtaining a Fresh Grant of Probate and Resealing a Foreign Grant of Probate
  9. Comprehensive Guide to Probate Fees in Singapore
Distribution of Estate Assets
  1. Dispute with Executor of Will in Singapore: What to Do
  2. Bona Vacantia: Dying With No Will or Relatives in Singapore
  3. Who Gets the Joint Bank Account Monies if One Owner Dies?
  4. What Happens If You Die Without a Will in Singapore?
  5. An Executor’s Checklist to Executing a Will in Singapore
  6. What to Do If the Will Cannot be Found
  7. How to Contest a Will in Singapore (Grounds and Procedure)
  8. What Happens to the HDB Flat When One Owner Dies?
  9. How to Access the Bank Account of a Deceased Spouse
  10. What Happens to the Car When the Owner Passes Away?
  11. Simultaneous Death: How are Assets Distributed When Family Members Die at the Same Time?
  12. Can a half-brother be considered a next of kin? (when distributing the assets of the deceased)
  13. What happens to property when a deceased’s next-of-kin or named personal representative is uncontactable?
  14. What happens to residuary property not accounted for?
  15. What happens to a Singapore expatriate's assets when he passes on?
  16. What If a Beneficiary Dies Before Receiving His Inheritance?
  17. How Can Your Minor Beneficiaries Receive Their Inheritance?
  18. Unfair Maintenance: What Can Singapore's Law Do for You?
Muslim Inheritance Law
  1. Using Hibah for Muslim Estate Planning in Singapore
  2. Can Muslims Make Nuzriah (or Nazar) in Singapore and How?
  3. Muslim Probate: Guide to Inheritance Certificates in Singapore
  4. Muslim Inheritance Law in Singapore