Will making

[polyglob]

Is it a must to appoint an executor? Both my parents have passed on years ago, no close relatives and I do not wish to get my relatives involved.

Thanks for the advice, for the CPF nominations, witness can be friends?

Your will is executed when you die. Somebody must do it.

For CPF nomination, if do online, even siblings can be witnesses. Or go to CPF office in person - CPF staff will witness.

 

[hwmook]

But legally you are co-owners, buying as unmarried siblings in your 30s, right? I don't remember what it is for HDB, but look up joint tenancy and common tenancy for home ownership.

No, his brother is just an essential occupier which allow her to meet the conditions to buy the flat but doesn't own anything.

 

[polyglob]

No, his brother is just an essential occupier which allow her to meet the conditions to buy the flat but doesn't own anything.

Didn't know got such thing. Thanks.

 

[twinklingstars]

U said u bought a flat with your sibling. U also mention he did not use his name to buy the flat.

Do u mean this flat only has your name on it? But u are not even 35 yet. How do u buy this flat alone?

But legally you are co-owners, buying as unmarried siblings in your 30s, right? I don't remember what it is for HDB, but look up joint tenancy and common tenancy for home ownership.

Yes only my name, I bought it under the orphan scheme, that's how I qualify for the HDB flat before 35. The reason why my sibling was not listed as co-owner was because we did not want his name to be wasted should he wants to buy his own HDB next time (but I think now he figures out that it's easier to just wait for me to pass on and inherit the flat), moreover he doesn't have any CPF back then to pay for the flat.

 

[edwinttt1978]

Executors who accept responsibilities without fully appreciating their nature risk being sued by beneficiaries.

——-
Executors of woman’s will liable to pay son $87k

 

[maple96]

She said her sibling did not pay a single cent for the HDB. Why you say it differently?

This morning I thought I read in another thread and copied the post here (now not here leh when I reread) where she mentioned he helped to pay for the flat, so I jumped/critic. Now I cannot find what I read, must be my oversight.

But I have another question based on what she posted in red below:

I bought the flat with a sibling, but I'm the sole owner. I took a 30 years HDB loan.

What does she mean with the sentence in red above? She needs his name as occupier to buy/qualify for the flat?

 

[qhong61]

He will be as he is just an occupier, he did not use his name to buy the flat, 0 contribution from him. But he plans not to as he wants to take over the flat when I pass on.

Then can u still keep ur flat if he withdraw his name?

 

[qhong61]

This morning I thought I read in another thread and copied the post here (now not here leh when I reread) where she mentioned he helped to pay for the flat, so I jumped/critic. Now I cannot find what I read, must be my oversight.

But I have another question based on what she posted in red below:



What does she mean with the sentence in red above? She needs his name as occupier to buy/qualify for the flat?

Cos she is single and under 35?

 

[harky]

bto or resale flat?

Yes only my name, I bought it under the orphan scheme, that's how I qualify for the HDB flat before 35. The reason why my sibling was not listed as co-owner was because we did not want his name to be wasted should he wants to buy his own HDB next time (but I think now he figures out that it's easier to just wait for me to pass on and inherit the flat), moreover he doesn't have any CPF back then to pay for the flat.

 

[luvpraline]

Note: Witnesses for a will cannot be spouses of beneficiaries, even if they are not a beneficiary themselves.

For those who are looking for a law firm, I came across this law firm Invictus Law that charges only $99 for a simple will. I called them up to ask, this package includes up to 2 beneficiaries. I checked the legal directory - it's a legit law firm. Am considering doing my will with them.

https://mothership.sg/2018/09/will-writing-services-singapore/

https://www.facebook.com/invictuslawsg/reviews/?ref=page_internal

Seniors above the age of 60 can consider Hoh Law, they are charging $180 ++ for seniors. Accompanied my parent to get their will and LPA done with them. LPA is more expensive, about $250 ++

 

[mummynew]

My first will was a simple will. Used internet template and done.

Then after I divorced and asset grew, the simple will became not sufficient anymore and so I went to two different lawyers and sounded them out.

First one quoted about $500 and would just draft what I said in my will (this kind actually I also can do myself).

Second one quoted $700 and would challenged me in most of what I said ('you want to give this to X, what if X dies before you; what if your whole family perishes together in an accident; many such questions).

I paid the second one for a 7 page long will as I thought he (a lawyer specialises in Wills) must have seen enough cases of assets fighting to close the gaps of wills of 'simple minded' people.

 

[twinklingstars]

This morning I thought I read in another thread and copied the post here (now not here leh when I reread) where she mentioned he helped to pay for the flat, so I jumped/critic. Now I cannot find what I read, must be my oversight.

But I have another question based on what she posted in red below:



What does she mean with the sentence in red above? She needs his name as occupier to buy/qualify for the flat?

Yes need his name as an essential occupier to form the family nucleus.

Then can u still keep ur flat if he withdraw his name?

I suppose I can, when I turn 35, but this info I need to double check with HDB.

bto or resale flat?

BTO, but I didn't take any housing grant.

 

[mummynew]

But there is a workaround if I do not want the defaults defined in the template (I am fussy).

I am also a 'fussy' person relatively well versed with legal documents, helping close friends to draft their wills before they sent to their lawyers for final proving. However, I am weary that I may have my own blind spots that I can't see myself (only I know what I have in my wills as no one else can help me cross check the legality part). Therefore, the need to pay to have my will more securely tighten.

The most recent drama I know of is a friend's sister (still on going).

Her sister is a new widow with two school age kids. Both in laws recently passed and left behind a will made when the sis' husband was still alive that showed something like assets to be distributed equally between their two sons:

1. Ah Kow and
2. Ah Miow (sister's husband).

*will drafted by a lawyer

As Ah Miow died, and so all the assets went to Ah Kow.

I dont think that was the intention of the old folks of leaving the kids of Ah Miow with no share (grand kids used to be under their care and their relationship was close). But the 'standard will' cheap lawyer didnt add the phrase 'per stirpe' behind the name of Ah Kow and Ah Miow and so the issue arose.

Ah Kow took all the money without giving any share to his late brother's kids as he is legally entitled to according to the will (in front of money can see many true colours).

This is not the first case I came across of lawyers just draft simple wills carelessly without really talking to their clients (basically they also using templates).

 

[twinklingstars]

Ok, so as I suspected, u should not burn the bridge after u cross it. I dun think your parents in heaven want this happen too. The rest is up to u.

But I don't think its fair for me if I pay 100% for the HDB loan and he refused to contribute a single cent. And in the event if I do get married in the future, I also have to sell this flat and buy another one with my partner. I already made known to him I will let him stay for as long as he wants if he refused to contribute and because this flat is fully paid by me, I will decide how I want to do with it when I pass on (in this case I will donate the HDB to charity).

In any case, I think if he chooses to stay single, it is also better for him to buy his own HDB flat when he turns 35, as it is more secure for him. Every Singaporean, whether single or married should have their own property.

 

[edwinttt1978]

[QUOTE 127755413]

Second one quoted $700 and would challenged me in most of what I said ('you want to give this to X, what if X dies before you; what if your whole family perishes together in an accident; many such questions).

A word of caution if u are planning to use OCBC Will Generator.

Because it is so good at addressing the above question, it did not meet my requirements as I do not want the new bene to be what OCBC Will Generator defaults to be. In short, it does not have the flexibility for u to change/edit the template. They do not want u to change it, cos if u change it wrongly, u might invalidate it. I feedback to OCBC to change the default, but no action.

But there is a workaround if I do not want the defaults defined in the template (I am fussy).

So education/knowledge helps.

(u also need to know if husband and wife die together, what happens)

Normally, there is a “survivorship clause” in a will that states that a beneficiary must survive for a certain duration, usually 28 days, for the gift to them to take effect. No point willing to somebody who dies soon after inheriting.

There is also the presumption that an older person shall predecease a younger person in fatal accidents in the absence of such a clause.

 

[twinklingstars]

Think of this situation, should u die anytime now or before u get married, he will not have a roof over him should u donate it to charity. To me, u are burning the bridge after u crossed it. U can always include in your Will to let him stay until he can afford to buy his own home (for eg.) before the flat goes to charity. U know what LKY did in his Will?

U can always change your will after u get married, how u want to handle it after this is your choice.

Have a heart. Final decision rest with u. I pity him.

Thanks for your reply. I understand where you are coming from. But for what he did to me years ago I will never forgive him, and from that point of time, to me, he has already burnt the bridges.

If he needs the money to buy his own 2 room BTO flat in the future. I can give it to him out of my own pocket, I will treat it as a donation. I just do not wish to live with him under the same roof anymore.

 

[mummynew]

Sibling relationships stimes can be good and other times real bad. For myself, all my siblings are very closely knitted despite all growing in different directions (coz of wanting to let them have a share in my will, my will becomes more complicated).

I have friends who:

1. brother took video of her when she was showering

2. sister abusing her mum till rib broken when the mum was staying with the sister

3. brother who raped sister

4. brother who molested sister

5. sister in law who abused her child

6. sister who snatched another sister's husband

etc etc

So usually I dont question others when they refuse to leave anything behind for the other sibling/s coz most of the time they have a valid reason.

'Forgiveness' may come one day when the 'victim' sibling grows older/wiser and get over the hurt, otherwise, can hold such hurt to the grave.

No wind, no waves.

 

[qhong61]

Sibling relationships stimes can be good and other times real bad. For myself, all my siblings are very closely knitted despite all growing in different directions (coz of wanting to let them have a share in my will, my will becomes more complicated).

I have friends who:

1. brother took video of her when she was showering

2. sister abusing her mum till rib broken when the mum was staying with the sister

3. brother who raped sister

4. brother who molested sister

5. sister in law who abused her child

6. sister who snatched another sister's husband

etc etc

So usually I dont question others when they refuse to leave anything behind for the other sibling/s coz most of the time they have a valid reason.

'Forgiveness' may come one day when the 'victim' sibling grows older/wiser and get over the hurt, otherwise, can hold such hurt to the grave.

No wind, no waves.

Guess twinklingstar must have her reason. Maybe the hurt is too deep.

 

[yoongf]

Drafting the will is not hard.
Finding a reliable executor who is willing to get difficult things done is actually harder.

For example, charities cant take legal possession of a HDB flat. The executor has to arrange the sale and the nett proceeds donate to the named charity. Now hw easy is it to sell a flat if the resident is an uncooperative Essential Occupier who refuse to allow viewings. The EO is in every way motivated to jam any attempt to sell. The executor may not hv the conviction to see it to the end. Eventually the bank has to conduct a below value forced sale but that is subject to a challenge by an EO.

 

[qhong61]

I am happy that u are still willing to help him.

I am happy if u put the above in your Will too.

U would have shown to people u have a big and caring heart for him after u die, forgive/forget, with this last help/donation to him.

I believe your parents in heaven would also be happy with your final decision/donation.

I dunno what happened between u two, but after we die, we should forgive/forget as much as we can.

Actually it's her choice.