Succession & Intestacy
Will Requirements · Probate vs LoA · ISA Distribution · Faraidh · Transmission
1Succession — Overview
Succession — Overview
When a person dies, their property must be distributed. The process depends on whether the deceased left a valid Will and whether they were Muslim or non-Muslim.
| Scenario | Court | Document Issued | Person Appointed | Distribution Basis |
|---|---|---|---|---|
| Non-Muslim + Will | Family Justice Courts | Grant of Probate | Executor (named in Will) | According to the Will |
| Non-Muslim, no Will | Family Justice Courts | Letter of Administration | Administrator (court-appointed) | Intestate Succession Act (ISA) |
| Muslim + Will (Wasiat) | Syariah Court (heirs/shares) + Family Justice Courts (estate admin) | Inheritance Certificate (Syariah) + Grant of Probate (FJC) | Executor (named in Wasiat) | Wasiat (up to 1/3 to non-Faraidh) + Faraidh for balance |
| Muslim, no Will | Syariah Court (heirs/shares) + Family Justice Courts (estate admin) | Inheritance Certificate (Syariah) + Letters of Administration (FJC) | Administrator (court-appointed via LoA) | Faraidh (Islamic inheritance law) |
Note: Invalid Will
A Will is invalid if written under duress, by a minor, or by a person of unsound mind. If a Will is invalid, the person is treated as having died intestate.
2Will — Requirements & Key Rules
Will — Requirements & Key Rules
Non-Muslim Will — 5 Requirements
- In writing
- Testator must be 21 years old or above (Wills Act s.4)
- Testator must be of sound mind
- Testator must sign at the foot/end of the Will
- 2 witnesses (also 21+, of sound mind) must be present at the same time when testator signs and then sign the Will; neither witness (nor their spouse) may be a beneficiary — s.10 voids gifts to such witnesses
Muslim Will (Wasiat) — Key Differences
- Governed by Administration of Muslim Law Act (AMLA) 1966; Syariah Court has jurisdiction
- Testator must be Muslim, 21+, of sound mind
- At least 2 Muslim male witnesses, 21+ (witnesses cannot be Faraidh heirs or their spouses)
- Can only Will out up to 1/3 of estate to non-Faraidh beneficiaries
- Must not omit lawful Faraidh heirs
- Balance (after 1/3 bequest) distributed per Faraidh
Will Revocation
A Will is automatically revoked by: (1) Testator's subsequent marriage (Wills Act s.13(1)) — unless the Will was made in contemplation of that specific marriage and expressly states so (s.13(2) exception); (2) Execution of a new Will containing a revocation clause; (3) Physical destruction by the testator with intent to revoke (s.15). Note: divorce does NOT automatically revoke a Will in Singapore.
What a Will Should Include
3Intestate Succession Act — Non-Muslim Distribution
Intestate Succession Act — Non-Muslim Distribution
The Intestate Succession Act (ISA) applies to non-Muslims who die without a valid Will. The estate is distributed in the following order of priority:
If MARRIED at death:
| Surviving Relatives | Distribution |
|---|---|
| Spouse + Children | ½ to spouse + ½ shared equally among children |
| Spouse + No Children + Parents | ½ to spouse + ½ shared equally among parents |
| Spouse only (no children, no parents) | Spouse takes the whole estate |
If UNMARRIED (single, widowed, or divorced) at death:
| Surviving Relatives | Distribution |
|---|---|
| Children | Shared equally among children (or grandchildren) |
| No children → Parents | Parents take the whole estate equally |
| No children, no parents → Brothers/Sisters | Shared equally among siblings (or their children) |
| No siblings → Grandparents | Shared equally among grandparents |
| No grandparents → Uncles/Aunts | Shared equally among uncles/aunts |
| No heirs at all | Goes to the Government (bona vacantia) |
ISA Exclusions — these persons get NOTHING
Note: Adopted children ARE included and treated same as biological children. After Final Judgment in divorce, ex-spouse is excluded.
4Muslim Succession — Faraidh
Muslim Succession — Faraidh
Muslim estates in Singapore are governed by Islamic inheritance law (Faraidh), administered by the Syariah Court.
Muslim with Will
- May only Will up to 1/3 of estate to non-Faraidh beneficiaries (e.g., non-Muslim family, charities)
- Must not omit lawful Faraidh heirs
- Balance distributed per Faraidh
- Syariah Court issues Inheritance Certificate
Muslim without Will
- Syariah Court issues Inheritance Certificate
- Entire estate distributed per Faraidh
- Male heirs in the residuary (asabah) class — most notably son vs. daughter — receive 2× the share of female heirs of the same class. Other classes (e.g., spouse, father/mother when there are children) follow fixed Quranic fractions, not 2:1.
- No heirs → estate goes to Baitulmal (administered by MUIS in Singapore)
Key Faraidh FAQs
5Transmission of Property on Death
Transmission of Property on Death
Transmission is the process by which property ownership passes from a deceased person to beneficiaries or heirs.
Testate (With Will)
Property vests in the Executor upon death. Executor obtains Grant of Probate from Family Justice Courts, then distributes assets according to the Will. Lawyers lodge transmission instruments with SLA to update the register.
Intestate (Without Will)
An Administrator is appointed by court (Letter of Administration). Administrator collects assets, pays debts, and distributes according to ISA or Faraidh. Property transfers to beneficiaries via transmission instruments.
Joint Tenancy — Right of Survivorship
When a joint tenant dies, their interest automatically passesto the surviving joint tenant(s) by right of survivorship — it does NOT form part of the deceased's estate and is NOT subject to the Will or ISA. Survivorship instrument lodged with SLA.
Tenancy-in-Common — Through Estate
When a tenant-in-common dies, their distinct share passes through the estate — distributed according to the Will (if any) or ISA/Faraidh (if intestate). The share does NOT automatically go to the other co-owner.
Joint Tenancy vs Tenancy-in-Common on Death
| Feature | Joint Tenancy | Tenancy-in-Common |
|---|---|---|
| On death | Right of survivorship — auto to surviving JT | Distinct share passes through estate |
| Can Will shares? | No (right of survivorship prevails) | Yes (distinct share goes per Will or ISA) |
| Goes to estate? | No — bypasses estate | Yes — goes through probate/administration |
Section Quiz
10 questions · 90 seconds each · Unit 2.9
Section Quiz
Unit 2.9 — Succession & Intestacy
10 questions · 90 seconds each · exam-style difficulty