No Will To Die

In the absence of a will in Singapore, the Intestacy law which is governed by the Intestate Succession Act (Cap. 146), offers a systematic approach to estate distribution. This Act applies to non-Muslims, as the inheritance of Muslims in Singapore is governed by Syariah law, administered by the Islamic Religious Council of Singapore (MUIS). While the intestacy framework seeks to distribute assets fairly among surviving relatives, the distribution may not be our final wishes. One of the main disadvantage of Intestate Succession Act(ISA) is gifting the estate to unintended beneficiaries. Similarly, the ISA may exclude certain individuals who might have been significant in the decedent’s life especially if there’s no legal relationship between them such as unmarried partners, stepchildren, and close friends. Thus, making a will remains the best practice to ensure one’s final wishes are honored precisely. However, we shall look at how our estate will be distributed according to ISA if we die without leaving a valid will.

The Intestate Succession Act prescribes a clear order of priority for distributing the estate. The distribution is hierarchical, and assets are allocated based on the closest surviving relatives. The main scenarios are:

1) Surviving Spouse and No Children or Parents:

• 100% of the estate goes to the surviving spouse.

2) Surviving Spouse and Parents

• 50% to the surviving spouse.
• 50% divided equally among the parents.

3) Surviving Spouse, Children and Parents:

• 50% to the surviving spouse.
• 50% divided equally among the children.

In this scenario, the parents do not receive any portion of the estate.

4) Surviving Children but No Spouse:

• The entire estate is divided equally among the children.

5) Surviving Parents and No Spouse or Children:

• The entire estate goes to the parents equally.

6) Surviving Siblings:

• If there are no surviving spouse, children, or parents, the estate is distributed equally among the deceased’s siblings.

7) Extended Family:

• In the absence of immediate family members (spouse, children, parents, or siblings), the estate is distributed to other relatives. The order will be grandparents, uncles & aunts follow by their children i.e. your cousins.

8) Escheatment to the State:

• If no eligible relatives are found, the estate ultimately escheats to the state. Once the state assumes ownership of an escheated estate, it is typically managed by the Public Trustee or a similar government authority. The assets may be liquidated, and the proceeds can be utilized for various public purposes, including funding community projects, social services, or other government initiatives.