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Hi all,

My father-in-law has wrote a will that will pass down his HDB flat to my wife after his passing. However, my wife and I currently have our own HDB flat. He specifically mentioned that he wants to leave the flat to my mother-in-law but is worried that she will get cheated/scammed (she has a history of being cheated/scammed easily by her friends or strangers). He hopes that after his passing, my mother-in-law can still continue to stay in the flat until her passing in the future.

We know that we cannot hold 2 HDB flats, so we definitely have to sell 1 away. However, we would like to pass on the flat to my mother-in-law so that my father-in-law's wishes can be fulfilled (he wants to leave the flat to her so she has a place of her own to stay)

With that being said, is there a way to ensure that my mother-in-law cannot sell the inherited flat unless certain permission or requirements are met? E.g. if she wants to sell her flat, she will need permission from her daugher a.k.a my wife.

As I mentioned, she has a history of being cheated easily..

Additionally, the will appoints a family friend as the executor of the will and not the beneficiary. The will clearly states that all his proceeds or property will be bequeathed to my wife when she turns 21 (clearly above 21 now). Do we need to adjust the will so she becomes the executor/administrator to ensure the inheritance is passed down smoothly? Or can we leave it as it is?
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8 Answers

Hi Sir,

It will not be feasible to hold the flat on behalf of your MIL since you already have your own flat. The flat can be passed to your MIL and you may want to seek proper legal advice to see whether you are able to lodge a caveat against the sale of the flat so that you will be notified in the event of a sale.

The will can be executed by the appointed family friend and there is no requirements to adjust the will in my opinion.

Please feel free to contact me if you need any further advice or assistance.

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Dear sir,

Is the HDB held under Joint Tenancy/Tenancy In Common? Or is your Father In Law the sole owner of the flat?

A will has to be prepared by the law firm, thus I hope that this has been done correctly. As to whether is there anything you can do to prevent your Mother In Law to sell the property away in future with consent of your wife, you will probably wish to check with the lawyer on this matter for professional legal advise.

——

I have been in the real estate business since 2009, with more than 14 years of experience serving the Singapore real estate market.

I am very active in the residential segment of Singapore real estate market, having transacted hundreds of deals from HDBs to private condominiums and landed properties in Singapore, and have handled many unique cases in sales and purchases as well as rental deals.

Over the years, I have also established a network reaching out to more than 15,900 expatriates, bringing my market presence to both in and outside of Singapore. This has created an additional exposure when I manage my client's portfolios, on top of the conventional on and offline platforms, where other estate agents are relying on. This has allowed me to consistently convert leads into results.

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1. A will must be drafted by a law firm, so ensure it has been properly prepared.
2. To prevent your mother-in-law from selling the property in the future with your wife’s consent, consult a lawyer for professional advice.
3. It's important to seek legal guidance on this matter to explore any options available.

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Hi

A will has to be drafted and lodged by the law firm to have legal validity, I suppose this has been done based on the info shared. Is the hdb held under joint tenancy status or sole ownership? Your understanding is correct in that your wife cannot keep two hdbs and have to sell one. If there is no choice that the ownership can only go to your MIL, you may wish to check with the law firm whether it is possible to lodge a caveat against the sale of the flat and be notified in the event of any sale. In any case, it is not so easy to sell off the HDB without your knowledge as the singpass login is required, and online endorsement of documents required. The process can take at least 3 months so you will probably be informed at certain phase of the process. If your MIL is not tech savvy, it is easier also to protect her by helping her where singpass login matters come in or your wife's contact number can be the correspondence number in the event of any hdb procedures.

As for the Will, it seems to make sense to change the executor to your wife since she is the ultimate beneficiary, and recognizes and respects your FIL wishes about the flat being used for your MIL golden years. Or maybe your FIL has his reasons for doing so, which you want to discuss with him.

Hope the above clarifies. I am well-versed with HDB and private property transactions, having helped more than 100 homeowners transit smoothly with their housing plans. Please reach out to me at 97432395  for a more in-depth discussion :)

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Good day to you,

Joint-tenancy is based on the Right of Survivorship hence the WILL is applicable if your father is remaining survivor of the unit. I would advice to work with Estate Planner and lawyer to work something out for the following:
1) Lodge a caveat on the unit, so that the unit will not be free from encumbrance.
2) Set up a Power of Attorney, on behalf of your mother, so that the sales of the unit can be administered by the trustee.

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Tan Pei Cheng (Pei)
I would be glad to assist you.
Feel free to contact me at wa.me/6597100155
Hope to hear from you soon.
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Hi Do contact me at 97970200  to understand more and discuss

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Hi, not advisable to inherit the flat, and best to speak to a legal advisor on this.

Hi, hopefully you managed to get your doubt or query answered. If so, then congrats! Hopefully you are doing well now.

If you are currently or planning to find a property agent, I can assist.

If you are interested in prices of houses in your neighbourhood, you may visit this website to find out more or contact me.

https://www.era.com.sg/R064892F

If you are currently planning to go on a property journey selling/buying/renting/investing, I can be of assistance. Do feel free to reach out to me for more queries and assistance.

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