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Hi.

Elederly homeowner passed on in Mar 2024 and willed her HDB flat to her children. However, executor (grandchildren) did not seek grant of probate as some inheritor wanted to retain the flat, while others wanted to sell. Would like to know what are the legal impact on this decision. Thanks!
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9 Answers

Hi,
Suggest you talk to a conveyancing lawyer. They will be the best person to advise you and assist to right any wrongs, legally.

Cheers,
Elan Govan
 90170747  Read More
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Hi,

1) First of all, are those inheritors eligible to retain the flat?
2) All inheritors have to meet the HDB eligibility scheme before they fight to retain the flat.
3) HDB flat is not a private property that you could decide what to do as you wish.
4) If they are not eligible to keep the flat, then, there is no meaning of their insistance.
5) If they are eligible to keep the flat, then it is easy for those who wish to sell.
6) Just let these inheritors to pay the market value for the shares from those inheritors who wished to sell.
7) This will saved those inheritors to market and sell in the open market.
8) Once this is resolved. Apply for the probate accordingly as per agreed.

All the best!

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

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.
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The estate lawyer should advise better. To retain this HDB, the person need to be eligible to own this HDB, with the beneficiaries agreeable to the arrangement.

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Good day to you,

First of all, it is crucial for all beneficiaries to recognize that without obtaining the Grant of Probate, legal ownership will remain with the deceased individual. Consequently, the executor will lack the legal authority necessary to manage the estate.

Next, it is essential for all beneficiaries to collaborate with an estate attorney, as the executor has a legal obligation to manage the estate according to the WILL, regardless of differing opinions.

Lastly, honest communication among all beneficiaries is vital, emphasizing that the estate MUST be administered in line with the WILL.

If any beneficiaries are eligible to buy out the estate, a mutual agreement among the other beneficiaries can lead to a resolution with the lawyer.

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Mike Lim
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Hi,

I would be most glad to assist you further and pls feel free to let me know if you need any assistance. Have a good day ahead. By the way, it would be advisable for you to consult a lawyer.

Regards
Aaron Chong
 9730 8455 
aaronchong2774@yahoo.com.sg Read More
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Hi, appreciate your sharing. Propose to seek help from law firm on the matters, able to share their contact to compare their pricing and charges.
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 JY,

If some of the beneficiaries wish to retain the HDB flat, then they will need to satisfy the requirements to hold a HDB and they can choose to buy over the share of the unit at a market value instead of putting the unit on market for sale.

Please feel free to contact me or check with a lawyer for more clarifications.

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Hi

The beneficiaries who wish to retain the flat, can choose to buy over those in favour of selling, at the market rate or mutually agreeable price. The beneficiaries must of course be eligible to keep the HDB flat under HDB eligibility schemes, otherwise, HDB will not approve the transfer, and will need all to sell on the open market as nobody is eligible to keep the flat.

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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1. The estate lawyer should provide clear guidance on eligibility criteria for retaining the HDB flat.

2. The person intending to keep the flat must meet HDB’s ownership eligibility requirements.

3. Consent from all beneficiaries is necessary to proceed with the proposed arrangement.

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