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1) If there is no surviving spouse and there is no will, will the sale of the HDB property be split equally among the surviving children only or it will include the surviving parents of the deceased as well?

2) Continuing from point 1, is it possible to then have the surviving children buy over this HDB property instead of selling the HDB property after the owner passed on if there is no will? I presume that certain conditions must be met (they must be of what age? cannot own any other HDB property or private property? etc) Is buyer stamp duty incurred, and MOP of 5 years applicable in this scenario?

3) Assuming the owner has listed which child to receive the HDB property once he/she passes on in the will, is the beneficiary then subjected to buyer stamp duty and MOP of 5 years?
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8 Answers

Hi,

There is a ranking of distribution you can refer to here

https://sso.agc.gov.sg/Act/ISA1967#:~:text=those%20related%20to%20a%20person,him%20in%20the%20same%20degree.&text=If%20an%20intestate%20dies%20leaving,the%20whole%20of%20the%20estate.

It appears children will get the priority but it is best to consult a probate lawyer who is specialized in such cases

For the surviving children to take over, they must qualify under one of the hdb eligibility schemes, and cannot own other private property. To my understanding, properties that are inherited generally do not need to pay stamp duty. MOP of 5 years may apply which you have to confirm with the hdb branch officer.

Hope the above clarifies. May I have more info and requirements about your plans so as to make better recommendations? Thanks and look forward to value-add to your housing plans.

Warm Regards,

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Hi, appreciate your sharing. Able to check with law firm base on the above.
Looking forward to assist you at 9696 4398  or email me at stewartlim96964398@gmail.com

Cheers
Stewart-PropNex (Senior Associate Division Director) Read More
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Hi,

1) I assume the flat you mentioned is sole ownership held by the deceased.
2) The first thing you must do is to appoint a person to be the Administrator.
3) The administrator will help to distribute the deceased's assert according to the Intestate Succession Act.
4) You have to engage a lawyer to submit to court to get a letter of administration.
5) If the deceased is not married then will distribute to the parents, or if married without children then 50% to parent(s) and 50% to spouse if applicable.
6) For your case, since the deceased has children without a surviving spouse, according to the Intestate Succession Act 100% assert will be distributed to children.
7) One or more children may take over the HDB when the rest of the parties with interest agree or via part-share selling whichever is applicable.
8) No buyer stamp duty under inheritance, but if under part-share selling/buying, the buying party will be subject to stamp duty.
9) The buying party will be subject to a new 5-year MOP.
10) No stamp duty incurred under inheritance, but 5 years MOP is applicable since there is a change of ownership.
11) Do note that the above is only applicable to non-muslims.
12) For Muslims, the children will have to follow the Syariah law or Islamic inheritance law. You have to find a family lawyer who is familiar with the law to understand the distribution.
13) The answers to questions relating to HDB and IRAS are the same.

Please give me a thumbs-up if the answer provided is relevant to your main concern. Thanks!!!

I hope the above answers your main concerns, but if there are more queries, please feel free to contact me at 90110636  , or email: ling.ck7@gmail.com if more information is needed.
I'll be glad to assist.

Best regards
Ling CK
 90110636 
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https://singaporefamilylawyers.com.sg/guide-hdb-inheritance/

A good link to read based on above scenarios. Read More
1
Hi Sir/Mdm,

The surviving parents and the children are all entitled to a share of the estate if there is no will. It is possible for one of the surviving children to take over the property but all the beneficiaries must be agreeable for such an agreement and the person taking over must be able to hold the HDB ie not own any private property and must be above the age of 35 years old if he or she is single.

There will not be any stamp duty or MOP requirements for inherited properties. Please feel free to contact me so that I can understand your situation better and provide you with further assistance.

Regards,
Nick Tan
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. Intestate Succession (No Will):

If the deceased owner has no surviving spouse and no will, the HDB flat will be distributed according to the Intestate Succession Act.
Distribution:

Under inheritance, there is typically no buyer stamp duty incurred, but if the property is sold or bought under partial ownership, the buying party may be subject to stamp duty. Additionally, the buying party in such cases would be subjected to a new 5-year Minimum Occupation Period (MOP).

The surviving children will share the proceeds from the sale of the HDB flat equally.
Parents are not included in the distribution if there's no surviving spouse.

I am Sorry that This platform does not allow me to direct contact you.

To further assist you, please feel free to contact me via WhatsApp at 9856 9255  or through this link: https://wa.me/6598569255.

My services come with no obligations, and I'm here to help with any questions or assistance you need.

You can check out my reviews here: https://www.propertyguru.com.sg/agent/able-s-k-toh-61591.

For buyers, I offer solutions for sourcing resale and new private homes at no charge.

I can connect you with reputable bankers for private housing loans free of charge and with no obligation.

I also have partners to assist with mortgage home insurance matters.

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1
. Intestate Succession (No Will):

If the deceased owner has no surviving spouse and no will, the HDB flat will be distributed according to the Intestate Succession Act.
Distribution:

Under inheritance, there is typically no buyer stamp duty incurred, but if the property is sold or bought under partial ownership, the buying party may be subject to stamp duty. Additionally, the buying party in such cases would be subjected to a new 5-year Minimum Occupation Period (MOP).

The surviving children will share the proceeds from the sale of the HDB flat equally.
Parents are not included in the distribution if there's no surviving spouse.

I am Sorry that This platform does not allow me to direct contact you.

To further assist you, please feel free to contact me via WhatsApp at 9856 9255  or through this link: https://wa.me/6598569255.

My services come with no obligations, and I'm here to help with any questions or assistance you need.

You can check out my reviews here: https://www.propertyguru.com.sg/agent/able-s-k-toh-61591.

For buyers, I offer solutions for sourcing resale and new private homes at no charge.

I can connect you with reputable bankers for private housing loans free of charge and with no obligation.

I also have partners to assist with mortgage home insurance matters.

Let's seal this affinity by technology; please PM me your contact for assistance with your real estate needs. So, I believe in Affinity (Chinese word: 缘份) :), let's SEAL this AFFINITY Not by blood but by Technology > Please PM, Private Message your contact so that I CAN BE (EXTRA) PAIR OF HANDS / BRAIN and LEGS to Assist you NOW or FUTURE REAL ESTATE NEEDS!

You can reach me at my Singapore mobile: +65 9856 9255  or email me at Able.selling@gmail.com.

From: ABLE Toh- Your Property ASSISTANT :)

“ i am ABLE to Help As Much As You are ABLE To PM (Private Message) me ”

XXXXX The END XXXXXXX Read More
1
Robbie Chen Chee Howe
Hi,

Let me help with your questions:

1) The property will be distributed in accordance to Singapore Intestate Law, i.e the property will be split in equal shares to the deceased's surviving children.

2) Yes, it is possible, provided the children are eligible to own the HDB flat under one of the many Eligibility conditions, i.e forming a valid family nucleus etc. No Buyer Stamp Duty for inherited properties. MOP applies should the children wish to hold onto the HDB flat.

3) No Stamp Duty is applicable for inherited properties. However, if there's a share transfer amongst the children, stamp duties will apply. MOP applies for the child holding onto the HDB flat.

I am experienced and well-versed in both HDB and private transactions. I will be able to assist you in your property plans. Please get in touch with me for a more in-depth discussion.

Should you need require further assistance in matters relating to property, please contact me at my mobile +65 97 48 63 05. I will be happy to assess and share with you the possibilities for you in the current market.

Thank you.

Best regards,
Robbie Chen
+65 97 48 63 05
PropNex Realty Read More
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