Will making

[maple96]

Actually it's her choice.

I also wrote this many times. Next she might need to consult a lawyer if what yoongf posted is true, ie what rights her brother has as occupier or legal recourse the executor can take, just guessing.

Clear personal decision then cross legal hurdles if any to settle with the best alternative solution for her will

I will ask hdb first if in her position

 

[maple96]

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.

He made an incorrect comment in the other thread on a different topic after this post.

I already have doubts when I first read it, the other mistake he made confirms my doubt

So u should do your own due diligence to seek clarifications with HDB first.

 

[advocate]

I like your first statement.

So u are a Will writer?

Her sibling paid for the HDB, what is your view?

I'm not a will writer. However, I have been reading about wills because I'm in somewhat of a similar situation. I may know something, but there's many things I don't know too. Rather than saying things that might be wrong, we can leave the will writing to the professionals who can advice better.

 

[henrylbh]

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.

What legally?

He already mentioned that he is the sole owner of the flat and the brother is only an 'essential occupier', not co-owner under joint or common tenancy.

Without essential occupier, he will not be able to buy the hdb flat under the orphan scheme. Essential occupier has no ownership rights but has the same restrictions as the owner except for the outstanding mortgage.

As sole owner, he has all rights to make a will on the flat and after 5 years, he is free to dispose the flat whether the brother like it or not. Of course, the brother can still contest the sale but chances are not good as he has no deemed interest in the flat unless may be the flat is still under MOP when the owner dies.

 

[maple96]

Uncle henry is the expert on HDB matters plus he own this thread!

 

[henrylbh]

Uncle henry is the expert on HDB matters plus he own this thread!

Anyhow say. Also never own any thread.

But I have personally involved in -

Buying flat in Bedok Res
Bedok Res flat enbloc
Buying flat in Jln Damai
Buying flat in Buangkok
Buying flat in Bedok Res
Selling flat in Jln Damai
Buying flat in Hougang
Selling flat in Buangkok
Buying flat in Sengkang
Selling flat in Hougang

Don't understand what I am doing

 

[chrisloh65]

You so humble!

Not like some people here they thought they started the thread means they own the thread and keep shouting at other people to get lost if others post something these people don't like or contradict what they preach ...........

Anyhow say. Also never own any thread.

But I have personally involved in -

Buying flat in Bedok Res
Bedok Res flat enbloc
Buying flat in Jln Damai
Buying flat in Buangkok
Buying flat in Bedok Res
Selling flat in Jln Damai
Buying flat in Hougang
Selling flat in Buangkok
Buying flat in Sengkang
Selling flat in Hougang

Don't understand what I am doing

 

[henrylbh]

I mean u created this thread so "own" this thread cos your nick is tagged

Ha ha, if you don't say so, I never knew I created this thread.

I never had or make a will. I am alright with intestacy law. Where necessary, some assets are in joint names.

But I am named a beneficiary and executor of a will on a 3rm HDB flat made recently by my Aunty. This one may be contested

 

[megdang]

Ha ha, if you don't say so, I never knew I created this thread.

I never had or make a will. I am alright with intestacy law. Where necessary, some assets are in joint names.

But I am named a beneficiary and executor of a will on a 3rm HDB flat made recently by my Aunty. This one may be contested

Beneficiary and executor can't be a same person, correct me if I'm wrong.

 

[peppermint7]

Ha ha, if you don't say so, I never knew I created this thread.

I never had or make a will. I am alright with intestacy law. Where necessary, some assets are in joint names.

But I am named a beneficiary and executor of a will on a 3rm HDB flat made recently by my Aunty. This one may be contested

Is it possible for owner to leave a will such that to allow the occupier to stay until the occupier leaves the world then pass on the house to charity (instead of it becoming an inheritance to the occupiers next of kin)? I understand for private property it is possible. For flat it is not. But is there actually a way? For flat i mean

 

[chrisloh65]

How to execute such will?
You need to set up a trust then so that the trust will hold the assets and trust-executor can execute whatever that you want in your will. But this is also for private properties only. Don't think the trust can hold HDB flat. May be there is another way but I don't know? (but chance not high though).

Is it possible for owner to leave a will such that to alow the occupier to stay until she leaves the world then pass on the house to charity (instead of it becoming an inheritance to the occupiers next of kin)? I understand for private property it is possible. For flat it is not. But is there actually a way? For flat i mean

 

[chrisloh65]

Definitely wrong!

Beneficiary can be will executor but cannot be witnesses.
Also, try to avoid witnesses who have close relationship to beneficiaries to prevent people trying to challenge the will with such excuses.

Beneficiary and executor can't be a same person, correct me if I'm wrong.

 

[henrylbh]

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

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

The case above not a surprise to me. I have been an Administrator of 2 estates. I am aware of my responsibilities and liabilities.

Nevertheless, I choose not to follow intestacy laws in the distribution, knowing that there may be future liabilities. Just keep my fingers crossed Any statute limitation?

After so many years, I am still the operator of 2 bank accounts with negligible balance in the names of the two estates. If I mati, don't know what can happen to these accounts

 

[henrylbh]

Is it possible for owner to leave a will such that to allow the occupier to stay until the occupier leaves the world then pass on the house to charity (instead of it becoming an inheritance to the occupiers next of kin)? I understand for private property it is possible. For flat it is not. But is there actually a way? For flat i mean

For HDB, Trust is not recognised. Also executor has a HDB deadline to dispose the flat, usually within 6 months of obtaining a probate.

 

[BBCWatcher]

HDB summarizes the rules here. To summarize the summary, practically anyone can inherit a HDB leasehold — even somebody living in Argentina — but whether the recipient can keep the leasehold depends on whether the recipient qualifies for one of the available HDB schemes. Otherwise it must be sold (exactly as Henry says), and the heir receives the net sales proceeds.

None of this really matters in the immediate case. If a leasehold owner wants to leave her unit to charity upon her demise, that’s her right. The existence of an essential occupier is a factor she can consider if she wishes, but that’s her choice. The charity then sells the leasehold, and the net sales proceeds go to the charity. If the essential occupier wishes to buy the leasehold from the charity, they reach an agreement, and the essential occupier qualifies under one of HDB’s schemes, that’s all fine, too.

 

[8zaoyu]

HDB summarizes the rules here. To summarize the summary, practically anyone can inherit a HDB leasehold — even somebody living in Argentina — but whether the recipient can keep the leasehold depends on whether the recipient qualifies for one of the available HDB schemes. Otherwise it must be sold (exactly as Henry says), and the heir receives the net sales proceeds.

None of this really matters in the immediate case. If a leasehold owner wants to leave her unit to charity upon her demise, that’s her right. The existence of an essential occupier is a factor she can consider if she wishes, but that’s her choice. The charity then sells the leasehold, and the net sales proceeds go to the charity. If the essential occupier wishes to buy the leasehold from the charity, they reach an agreement, and the essential occupier qualifies under one of HDB’s schemes, that’s all fine, too.

I love to read your drama Script, perhaps will improve my English...

SG public subsidized HDB flat not easily eligible for non-immediate relatives from Timbaktu Land maybe by the time she dies at 95 years old if not married probably will owe the old folks' home caring for her! And her property not much valuation left also.

I have seen lots of unmarried siblings owning/taking over their parents' HDB flats nowadays. They tend not to get married as they all have Type 1 Diabetes, known inherited family faulty genes but they live happily together, travel, go to attend their religious beliefs, staying away from sibling squabbles.....

Essential Occupier is essentially family member. The Tile Deed ownership got his name till he owns his own property - still needs his name to sell, I think - whether or not he put in a $ to the mortgage loan or not. Check with HDB officials, lah

 

[luvpraline]

For HDB, Trust is not recognised. Also executor has a HDB deadline to dispose the flat, usually within 6 months of obtaining a probate.

I wonder if during situations like this current pandemic, will HDB extend the deadline to dispose of the flat?

 

[peppermint7]

I wonder if during situations like this current pandemic, will HDB extend the deadline to dispose of the flat?

Even without current pandemic, if a family has issue disposing the flat. It will be extended at HDB's discretion. I know of a malay neighbour who passed away suddenly. Already over 2 years. His family still unable to sell the unit due to race ratio. Chinese wanted to buy but cannot. It has to be sold to other races according to HDB. So the unit is vacant for years now..

 

[maple96]

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.

This is bad. She is a very -ve person in thought, influenced by own bad experience in life, she openly admitted in the CPF chat thread, she posted some more there, but decided to delete.

 

[Toni90]

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.

All the friends you met in hospitals?