My aunt willed a HDB flat to me, can I stay in the same HDB flat in the future?

[Helppp]

My aunt willed a HDB flat to her nephew, which is me. Can I stay in the same HDB flat in the future? I am already 35 years old and do not own any HDB flats and have no intention of getting married. I want to inherit the HDB flat and I don't want to sell my aunt's HDB flat because of its location, so I am wondering if HDB will force me to sell it if I inherit it?

 

[Pokémon]

Looking at what you mentioned, you are eligible to inherit the flat. Therefore, HDB will not make you sell the flat.

Do check with HDB or the lawyer for further advice.

 

[Wk7777]

My aunt willed a HDB flat to her nephew, which is me. Can I stay in the same HDB flat in the future? I am already 35 years old and do not own any HDB flats and have no intention of getting married. I want to inherit the HDB flat and I don't want to sell my aunt's HDB flat because of its location, so I am wondering if HDB will force me to sell it if I inherit it?

Go get the Grant of Probate and seek advice from your lawyer... if you are eligible to keep the HDB flat, why should they force you to sell it? and note, you don't have to pay any stamp duty for this inheritance....

 

[darknite84]

1) you mention your aunty will you her hdb. Is she still alive? Seems to us that she had passed away, and legally it was transferred to you already.

2) you can only have 1 hdb at any single 1 time. Including inherited hdb. If you buy a resale hdb, you wont be able to hold on to the inherited hdb, will have to sell one of the two

 

[Pokémon]

1) you mention your aunty will you her hdb. Is she still alive? Seems to us that she had passed away, and legally it was transferred to you already.

Sounds to me the aunt is still alive though.

Anyway, good that you pointed it out and advised on your point #2.

 

[TaeimX]

You can keep the house to if the house have been willed to upon of her death. And also those your aunt have any children if she does the child will fight for the house. But you only can have one flat from the hdb.

 

[henrylbh]

My aunt willed a HDB flat to her nephew, which is me. Can I stay in the same HDB flat in the future? I am already 35 years old and do not own any HDB flats and have no intention of getting married. I want to inherit the HDB flat and I don't want to sell my aunt's HDB flat because of its location, so I am wondering if HDB will force me to sell it if I inherit it?

When you aunty uplorry, the flat becomes yours period. If you are eligible to own, you can of course stay in it. You can even evict anyone in it. If you are not eligible to own, you need to dispose it and keep the proceeds to yourself.

Whether there will be contest for the any interest in the flat is left to be seen. But chances are you become owner, unless ........

 

[edwinttt1978]

My aunt willed a HDB flat to her nephew, which is me. Can I stay in the same HDB flat in the future? I am already 35 years old and do not own any HDB flats and have no intention of getting married. I want to inherit the HDB flat and I don't want to sell my aunt's HDB flat because of its location, so I am wondering if HDB will force me to sell it if I inherit it?

Before thinking too much down the road, some surprises can strike at the beginning.

If the HDB flat is in the joint names of the aunt and someone else, then if she passes away, the flat will pass to the surviving someone else through the law of survivorship regardless of what the aunt’s will says.

 

[Pokémon]

If the HDB flat is in the joint names of the aunt and someone else, then if she passes away, the flat will pass to the surviving someone else through the law of survivorship regardless of what the aunt’s will says.

Looks like we have been assuming the aunt is the sole owner.

TS, do take note on this.

 

[Helppp]

I am thinking of buying over my aunt's flat, will HDB allow it?

 

[Pokémon]

I am thinking of buying over my aunt's flat, will HDB allow it?

You can since you are eligible as a single over 35.

However, if I were your aunt, then I will not sell at all. I will worry where I can stay after selling. Even if this nephew is willing to let me continue staying in the same flat, I will worry that he will kick me out of the house one day, because he has found a new love who cannot stand seeing me in the house.

Well, unless I am really short of money, then perhaps I would sell to you, and buy a cheaper flat.

 

[eric3743]

I am thinking of buying over my aunt's flat, will HDB allow it?

What's going on.. willed to you and now you want to buy over.

You can co-own your aunt's flat by including your name to the flat ownership.

In this way if your aunt is not around then the flat is yours, provide there is no other "owners" beside both of you.

This is as good as her flat is will to you and there will not be any issue when the time come.

That's by being joint owners with your aunt there will not be any complicate issue and this arrangement will be between both of you.

At the same time she still able to stay in the flat.

 

[derrickgoh]

From what I understand, its probably easier for her to add you as a co-owner now i.e. flat has 2 owners, your aunt and you. Then when she passes away, assuming her will doesn't say anything else, you automatically become sole owner. From what I heard you just pay an admin fee to HDB & no lawyer needed so cheaper & faster.

If she is the sole owner and wills the flat to you, from what I understand there is some conveyancing fee or legal fees as you'll need a lawyer to execute the will & all that, so it will cost more and presumable is a lengthier process.

 

[meekiatah]

From what I understand, its probably easier for her to add you as a co-owner now i.e. flat has 2 owners, your aunt and you. Then when she passes away, assuming her will doesn't say anything else, you automatically become sole owner. From what I heard you just pay an admin fee to HDB & no lawyer needed so cheaper & faster.

If she is the sole owner and wills the flat to you, from what I understand there is some conveyancing fee or legal fees as you'll need a lawyer to execute the will & all that, so it will cost more and presumable is a lengthier process.

Correct on the first point, not so correct on the second point.

If your aunt has not passed on and is the sole owner of the flat, the easier way is to add you as the joint tenant. Note, is Joint Tenant, not Tenant in Common.

Joint Tenant - once a party pass on, the other party automatically take over the ownership of the flat.

Tenant in Common - The surviving party do not have automatic right to the ownership of the party who passed on. In the absence of a will, the ownership of the party who passed on will be subjected to whether the party has a spouse, or any kid etc.

But, anyway, since your aunt had willed the flat to you, there shouldn't be any issue regardless of Joint Tenancy or Tenancy in Common.

Second part on executing the will, it's not necessary to get a lawyer to apply for a Grant of Probate. The entire process of applying for Grant of Probate is actually quite simple and the staff at the Family Court (at MND Building at Maxwell Road) and Crimson Logic are very helpful with the forms to fill. The only hassle is that there's a total of 3-5 trips that you have to make in total and this can be difficult for you as they only operate on office hours.

I been through this process recently as my late faster willed his flat to me and I decided to DIY the Grant of Probate application.

Caveat: I'm not a lawyer. The above are posted based on my personal experience and is not professional advice.