Q I AM a Singaporean married to a Malaysian who lives in Malaysia. We occasionally meet during the weekend.
I have two sons aged 23 and 19 born in Singapore.
I have a five-room HDB flat which I bought with my CPF savings and have completed payment for it.
My husband did not make any contribution towards the purchase of the house as he has no steady income.
He gave me some money every month to maintain the children when they were young but has since stopped doing so.
The flat is under my name only as my husband, being a Malaysian, cannot be a co-owner.
When I die, will my husband get a share of the house or will only my sons get it?
I am thinking of making a will to ensure that the house is divided equally between my two sons, leaving nothing to my husband. Is this legal and can my husband contest it?
I do not wish for my husband to have any claim on this house and my other properties.
A Assuming that you are domiciled in Singapore and you do not make a will, upon your death, your husband will be entitled to half of all your assets.
The remaining half share will be divided equally between your sons.
As your husband may not be able to put the half share of the flat into his name, HDB will give the owners a reasonable time to sell the property.
To avoid your husband obtaining a share in the flat and to any of your assets, you should make a will.
In it, you can give your flat and other assets to your sons or whoever you may choose.
Whether your husband will be able to contest your will depends on facts personal to the parties, and you should consult a lawyer on this.
Chew Mei Choo
Partner
Shook Lin & Bok
