Q MY DAD is 74 and I am 45. The HDB flat I live in is in the joint names of my father and myself and was paid for using our Central Provident Fund (CPF) savings.
If my father does not make a will, what will happen to his share of the property when he dies?
If he does make a will to give his share of the property to my siblings, will it be effective?
A You have not specified whether you and your father own the flat as joint tenants or tenants in common.
In the case of joint tenancy, generally the deceased's portion of the flat passes to the surviving joint tenant (the other joint owner).
This portion does not form part of the estate that can be disposed of by way of a will.
In the case of a tenancy in common, both you and your father would each own a certain percentage of the flat and he would be free to make a will to distribute his share.
If he has made a will which distributes his share of the flat to your siblings, then, barring any other complications, the will will probably be effective. If your father does not have a valid will at the time of his death, his share of the flat will form part of his estate, which will be distributed to his next of kin in the manner set out in the Intestate Succession Act.
Adrian Wee
Associate
Harry Elias Partnership
Advice provided in this column is not meant as a substitute for comprehensive professional advice. E-mail your questions to chanteik@sph.com.sg
