Intestacy is what happens when a person dies without a valid will. For non-Muslims in Singapore, the estate is then distributed under the Intestate Succession Act 1967, which fixes who inherits and in what shares. For example, if the deceased leaves a spouse and children, the spouse receives half and the children share the other half equally.
Understanding Intestacy
When a person passes away without leaving a valid will, they are said to have died "intestate". In Singapore, intestacy means that the deceased person has no legally recognised instructions governing how their estate should be distributed. Instead, the distribution of their assets is determined entirely by statute, specifically the Intestate Succession Act 1967.
The Intestate Succession Act sets out a rigid framework that dictates who inherits and in what proportions. The deceased person has absolutely no say in how their assets are distributed, and the law makes no allowance for personal preferences, family circumstances, or special relationships. Whether or not the outcome aligns with what the deceased might have wanted is beside the point: the statutory formula applies automatically.
Intestacy can arise in several situations. Most commonly, it occurs when an individual simply never got around to making a will. However, it can also occur when a previously valid will is revoked by marriage, when a will is found to be invalid due to improper execution, or when a will does not effectively dispose of the entire estate. In any of these cases, the Intestate Succession Act steps in to fill the gap.
Distribution Rules Under the Intestate Succession Act
The Intestate Succession Act prescribes a fixed order of priority for the distribution of a deceased person's estate. The share that each beneficiary receives depends on which categories of relatives survive the deceased. The table below summarises the key distribution rules:
| Situation | Distribution |
|---|---|
| Survived by spouse only | Spouse receives the entire estate |
| Survived by spouse and children | Spouse receives half; children share the other half equally |
| Survived by spouse and parents, but no children | Spouse receives half; parents share the other half equally |
| Survived by children only | Children share the entire estate equally |
| Survived by parents only | Parents share the entire estate equally |
| Survived by brothers and sisters only | Brothers and sisters share the entire estate equally |
| Survived by grandparents only | Grandparents share the entire estate equally |
| Survived by uncles and aunts only | Uncles and aunts share the entire estate equally |
| None of the above | Estate passes to the Government |
"Children" includes legally adopted children. If a child died before the deceased, that child's own children take the share their parent would have received.
Why Intestacy May Not Match Your Wishes
While the Intestate Succession Act provides an orderly system for distributing estates, the reality is that its rigid rules rarely reflect the true wishes of the deceased. The following are common situations where the outcome of intestacy is likely to differ from what a person would have wanted:
- You cannot provide for non-family members. Close friends, long-time caregivers, or charitable organisations that were dear to you will receive nothing under the intestacy rules. Only recognised family members in the statutory hierarchy are entitled to a share of the estate.
- You cannot make specific bequests. If you wish to leave a particular item, such as a piece of jewellery, a family heirloom or a property, to a particular person, intestacy rules do not allow for this. All assets are pooled and divided according to the statutory formula.
- You cannot appoint guardians for your children. If you have minor children, dying intestate means you have not formally expressed your preference for who should care for them. The court will make this decision, and it may not align with your wishes.
- Distribution is fixed by law, not by your preferences. You may wish to give a larger share to a child who has special needs, or a smaller share to a child who is already financially independent. Intestacy rules do not permit any such differentiation: all children receive an equal share regardless of their circumstances.
- Cohabitants and unmarried partners receive nothing. If you have been living with a partner to whom you are not legally married, that partner has no entitlement whatsoever under the Intestate Succession Act, no matter how long you have been together.
- Stepchildren may not inherit. Unless stepchildren have been formally and legally adopted, they are not recognised as "children" of the deceased under the Intestate Succession Act and will not receive any share of the estate.
These limitations underscore why making a will is so important. A properly drafted will allows you to exercise control over the distribution of your assets and ensure that the people and causes you care about are provided for.
Muslim Estates
The Intestate Succession Act Does Not Apply to Muslims
The Intestate Succession Act 1967 does not apply to Muslims, whose estates are governed by Muslim law under the Administration of Muslim Law Act 1966. Loh Eben Ong LLP does not prepare wills for Muslims or advise on Muslim estates.
CPF Savings and Intestacy
A common misconception is that Central Provident Fund (CPF) savings form part of a deceased person's estate and are distributed in the same way as other assets. This is not the case.
CPF savings are NOT part of the estate and are NOT distributed under the Intestate Succession Act or under a will. CPF savings are governed by a separate regime entirely. If the deceased has made a CPF nomination, the CPF savings will be distributed to the nominated beneficiaries in accordance with that nomination.
If the deceased has not made a CPF nomination, the CPF savings are distributed under the intestacy laws.
It is therefore essential to ensure that your CPF nomination is up to date. Making a CPF nomination is a straightforward process that can be completed online through the CPF Board's website, and it ensures that your CPF savings go to the people you intend to benefit.
How to Avoid Intestacy
The solution to the problems created by intestacy is simple: make a will.
A valid will allows you to decide exactly how your assets should be distributed after your death. You can specify which individuals, organisations, or charities should benefit, appoint guardians for your minor children, and make specific bequests of particular items to particular people. A well-drafted will gives you complete control over your estate and provides your loved ones with clarity and certainty during what is invariably a difficult time.
Making a will does not need to be complicated or expensive. At Loh Eben Ong LLP, we specialise in helping individuals and families in Singapore prepare professionally drafted wills that are tailored to their unique circumstances. Whether your estate is straightforward or complex, our experienced lawyers will guide you through the process and ensure that your will is properly executed and legally valid.
Do not leave the distribution of your estate to chance. Take the first step today and ensure that your wishes are recognised and respected.
Common Questions
You are said to die intestate. For non-Muslims, the estate is distributed under the Intestate Succession Act 1967 according to fixed rules that depend on which relatives survive you. You have no say in who inherits, and you will not have chosen the executors or guardians.
A spouse with no children or parents receives the whole estate. With a spouse and children, the spouse receives half and the children share the other half equally. With a spouse and parents but no children, the spouse receives half and the parents share the other half. Children alone share the estate equally, as do parents alone, and brothers and sisters alone. After them come grandparents, then uncles and aunts. If no relative entitled under the Act survives, the estate passes to the Government.
No. The Intestate Succession Act 1967 does not apply to Muslims, whose estates are governed by Muslim law under the Administration of Muslim Law Act 1966. Loh Eben Ong LLP does not prepare wills for Muslims or advise on Muslim estates.
CPF savings do not form part of your estate and are not distributed by a will. If you have made a CPF nomination, the savings go to your nominees. If you have not, they are distributed under the intestacy laws.