Q I AM in my late 50s. Many years ago, I willed a property solely to my dad.
Sadly, he died about seven years ago. Shortly after that, I sold my property.
If I die without changing my will, will my siblings be entitled to the proceeds of the property?
A Beneficiaries under a will are entitled to their inheritance only upon the death of the maker of the will, who is also known as the testator.
Testators can therefore change their will at any time up to the point of their death.
In fact, beneficiaries receive their gift only after the death formalities known as grant of probate or letters of administration are completed.
This may take six months to a year after the testator's death.
Your beneficiaries are not entitled to the gifts you have made to them now.
It is common for gifts which are the subjects of a will to become non-existent over time.
When the testator dies, the beneficiary who was supposed to inherit the gift which has become non-existent does not receive his inheritance.
And he will not receive a substitute gift under the will.
Your late father's estate - and your siblings - are therefore not entitled to the sale proceeds of the property upon your death.
If you have stated in your will that you want your siblings to receive a cash inheritance, then they will receive it under your will.
Let's assume that you did not sell the property.
Upon your late father's death, you could have changed the beneficiary to the property in your will.
If you had not, the property, upon your death, would then have gone to your late father's estate.
I would advise that you draw up a fresh will to omit the gift to your father.
It is also good practice to update your will, especially if it was made a long time ago.
Rajan Chettiar
Lawyer
Rajan Chettiar & Co
Advice provided in this column is not meant as a substitute for comprehensive professional advice. E-mail questions to chanteik@sph.com.sg
