Dying Without a Will in Singapore: Intestate Succession

When a person dies without a valid will, they are said to have died intestate. Nobody gets to choose who inherits: the Intestate Succession Act 1967 imposes a fixed set of shares based on which family members survive. Those shares apply whether or not they match what the deceased would have wanted, which is the clearest argument for making a will.

This guide sets out the main distribution rules under the Act, the separate position of Muslims, and why CPF savings fall outside all of it.

This is general legal information, not legal advice. Consult a qualified advocate and solicitor about your situation.

When the intestacy rules apply

The Intestate Succession Act 1967 applies where a person dies without a valid will, or where a will does not dispose of the whole estate. The estate is then divided according to fixed rules in section 7 of the Act, based on who survives the deceased.

Because the shares are fixed by statute, an unmarried partner, a stepchild who was never adopted, or a favourite charity receives nothing under intestacy, however close the relationship. Only a will can provide for them.

How the estate is divided

Section 7 sets out the order and the shares. The most common situations are:

Where children are involved, they take equal shares, and the children of a child who has already died take that child's share between them (per stirpes). If none of the closer relatives survive, the estate passes down a fixed ladder: parents, then brothers and sisters, then grandparents, then uncles and aunts.

What intestacy does not do

The rules are rigid, and this produces results that surprise many families:

• An unmarried partner inherits nothing, no matter how long the relationship lasted.
• A friend, a carer or a charity receives nothing.
• You cannot adjust the shares between your children.
• You cannot appoint the executor of your choice; the court appoints an administrator instead.

Every one of these can be changed by making a will.

Muslims: the Intestate Succession Act does not apply

Section 2 of the Intestate Succession Act 1967 expressly excludes Muslims: "Nothing in this Act shall apply to the estate of any Muslim." A Muslim who dies without a will therefore does not have the estate divided under the rules above.

Instead, under section 112 of the Administration of Muslim Law Act 1966, the estate is distributed according to Muslim law, the faraid rules. The exact shares depend on which relatives survive and follow fixed proportions under Muslim law. The Syariah Court issues an Inheritance Certificate confirming the beneficiaries and their shares, which the family then uses to distribute the estate.

CPF savings are outside intestacy

A large asset for many people, their CPF savings, is not governed by the Intestate Succession Act at all. CPF money does not form part of the estate. If the deceased made a CPF nomination, the nominees receive it directly. If there was no nomination, the Public Trustee distributes it, applying the intestacy rules or Muslim law as appropriate, but the court estate and the CPF are handled separately.

Settling an intestate estate

Where there is no will, a next of kin must apply to the Family Justice Courts for Letters of Administration to be appointed administrator before the estate can be distributed. That process, and how it differs from a Grant of Probate, is covered on the probate page.

This guide is part of the wills, estates and power of attorney in Singapore section, which links the related guides on planning ahead and settling an estate.