Retaining Your HDB Flat after Life Events

When a loved one passes away, it brings about numerous changes that we may not fully comprehend. So, how does the death of a family member affect your apartment?

1. In the case where you are the surviving co-owner and the other co-owner has passed away

In Singapore, many apartments are jointly owned, typically by married couples or parents and their children. If one of the co-owners passes away, their portion of the apartment will be transferred to the surviving owner.

As the remaining occupant or family member, you can continue to own the apartment if:

• You are a Singapore Citizen or a Permanent Resident.
• You are at least 21 years old.
• You meet the eligibility requirements set by the Housing and Development Board (HDB) to own the apartment

2. If the sole owner of a flat passes away.

If the sole owner of a flat passes away, their ownership of the flat will be distributed based on their will or, if there is no will, according to the laws of Intestate Succession. To legally administer the deceased person's estate, a court order is necessary. The remaining family members or occupants should hire a private solicitor to apply for the required court orders, granting legal authority to the person named in the will (or an Administrator if there is no will) to manage the estate of the deceased.

If a will exists, the person named as the Executor needs to obtain a Grant of Probate, which gives them the legal authority to manage the estate of the deceased. In the absence of a will, a Grant of Letters of Administration is needed. This grants legal authority to the Administrator to manage the deceased person's interest in the flat, which will be distributed according to the laws of Intestate Succession.

As the remaining family members or the sole occupant of the flat, you can retain ownership if you meet the following criteria:

• You are a Singapore Citizen or Singapore Permanent Resident.
• You are at least 21 years old.
• You meet HDB's eligibility conditions for flat ownership.

Once the Grant has been obtained, you can hire your own solicitor or choose HDB's solicitor to assist you in registering your legal right as the Executor or Administrator.

As the Executor or Administrator, you will need to complete necessary paperwork and apply at the relevant HDB Branch responsible for the flat to transfer the ownership to the beneficiaries. This transfer is subject to HDB's eligibility conditions for the transfer of flat ownership.

For more information on purchasing, financing, or selling your HDB flat, you can follow us on Facebook.

Source: mynicehome.gov.sg