What instructions can I include in my Will for my HDB Flat?
HDB flats are subject to HDB regulations, including eligibility criteria. While you are technically free to include any instructions you wish in your Will, this does not guarantee that such instructions will be legally binding or enforceable. In some cases, contentious instructions might even lead to disputes.
As with other estate planning firms, getArrange adhere to our internal policies regarding the types of instructions we can assist with. One of our company’s core values is to promote family harmony and minimise disputes through effective estate planning. If your specific instructions fall outside our policy guidelines, you may wish to draft your Will with other firms with different internal policies.
Below are our policy guidelines regarding instructions for HDB flats.
Instructions getArrange CANNOT assist with
Giving Away Jointly Owned HDB Flats to Non-Joint Owners
For HDB flats held under joint tenancy, the "right of survivorship" applies. This means that upon the death of a joint owner, their share of the flat automatically passes to the surviving co-owners, regardless of the instructions in their Will.
Severance of Joint Ownership After Death
In Singapore, you may convert a jointly owned property into a tenancy-in-common during your lifetime, including unilateral severance (without the other co-owner's agreement). However, this cannot be achieved through a Will, as the right of survivorship will already have transferred the property to the surviving joint-owners upon your death.
Guaranteeing Beneficiary Retention of the HDB Flat
For properties under sole ownership or tenancy-in-common, you can bequeath the flat or your share to your beneficiaries. However, the beneficiaries must meet HDB’s eligibility criteria to retain ownership. If they are not eligible, they may appeal to HDB, but success is not guaranteed. As such, we cannot guarantee that HDB flats can be retained nor assist with crafting instructions suggesting so.
Guaranteeing that the HDB Flat Can Be Held in Trust
The approval of any trust arrangements involving an HDB flat is subject to HDB’s policies at the time of application. In the case of a testamentary trust, since the trust is not set up yet until the testator dies, HDB is unlikely to be able to give prior approval. As such, we cannot guarantee that HDB flats can be held in trust nor assist with crafting instructions suggesting so (including but not limited to assisting with testamentary trust instructions on how the HDB is to be managed etc).
Enforcing Instructions on Beneficiaries After the HDB Flat is Transferred
Assets directly distributed to a beneficiary through a Will are considered his/hers which generally will be up to him/her to do what he/she wants with it. Once the HDB flat is transferred to a beneficiary, any attempts to impose conditions or instructions may lead to legal disputes and are generally unenforceable. This includes instructions on the following AFTER the HDB is given to the beneficiaries:
•Requiring beneficiaries to allow specific individuals to reside in the flat.
•Dictating how the flat should be managed or retained for a certain period.
•Mandating the sale of the flat after a specific period or condition.
•Stipulating how sale proceeds should be distributed.
Instructions getArrange CAN assist with
Allocating the HDB to Intended Beneficiaries
You can bequeath an HDB flat (sole ownership or tenancy-in-common share) to beneficiaries, even if they do not meet HDB’s eligibility criteria (e.g., foreigners or underage individuals). The beneficiaries will then decide whether to retain the flat (subject to eligibility or appeal) or to sell it.
Specifying Liquidation of the HDB Flat
You may instruct your executor to liquidate the HDB flat as part of your estate distribution. With such instructions, the property can be sold directly from the deceased's estate without transferring ownership to the executor or beneficiaries first. The proceeds from the sale of the HDB flat can then be distributed according to your Will.
Providing Backup Plans for the HDB Flat
Given that retention of the flat is subject to HDB’s approval, you can provide instructions to liquidate the flat if retention or trust arrangements fail. This ensures clarity without misleading beneficiaries about guaranteed outcomes.
Expressing Non-Binding Wishes
While legally binding instructions regarding the management or use of the HDB flat may lead to disputes, you can include heartfelt, non-binding wishes. This approach ensures that the wishes are clearly identified as non-legally binding, avoiding any potential legal disputes among the parties involved. Beneficiaries may choose to honour these wishes out of goodwill.
By understanding the limitations and options available, you can have instructions for your HDB flat that align with HDB regulations and minimise potential disputes.