Residuary Estate in Singapore: What Happens When a Home Is Left Out of a Will?

Creating a will is an important step to ensure that all your assets are distributed according to your wishes after you pass away. However, there are times when some assets are left out of the will because of oversight or changes in ownership. These assets are called the residuary estate in Singapore, and they include anything that has not been specifically mentioned in the will.

What Is a Residuary Estate?

A residuary estate includes assets that are not mentioned in the will or that cannot be transferred to the intended beneficiaries. This can happen when a beneficiary passes away before receiving the property or when a new asset is acquired after the will has been made. It can also occur if a property mentioned in the will is sold or if the will has invalid instructions about certain assets.

These situations can lead to confusion and disagreements over who should inherit the residuary estate. Understanding how this is handled under Singapore law can help resolve such disputes.

The Role of Residuary Clauses

Every will should have a residuary clause which explains how unallocated assets will be shared. For example, a residuary clause might say that the rest of the estate will go to the testator’s spouse or to their children if the spouse is no longer alive.

If there is a residuary clause, the executor and trustee of the will can follow the instructions and distribute the residuary estate. If there is no residuary clause, the Intestate Succession Act in Singapore decides how the assets will be divided.

Distribution Without a Residuary Clause

When a will lacks a residuary clause, Singapore law considers this a "partial intestacy." The Intestate Succession Act outlines how such property is divided among surviving family members. For example:

In cases where no relatives exist, the residuary estate in Singapore reverts to the state. It’s important to note that these rules apply only to non-Muslims; Muslims’ estates are governed under the Administration of Muslim Law Act (Cap. 3).

Challenges in Residuary Clauses

Sometimes, residuary clauses can create confusion if they are not written clearly. Courts may need to figure out what the testator meant, especially if words are unclear or seem to have multiple meanings. For example, the word "lawful" in a will could change whether illegitimate children are included or excluded as beneficiaries.

This is why it is important to use a Professional Will Writing Company in Singapore. Professionals can help you write a will that is clear and detailed and they can prevent disputes about the residuary estate.

Making a Will Online in Singapore

Creating a Online will has become easier with online services. You can use platforms like Noble Wills to prepare a will from home. These services guide you through the process and ensure that your will includes all the necessary details to secure your estate.

Why a Professional Executor and Trustee Is Important

The executor and trustee of a will are responsible for managing and distributing the assets as the testator instructed. A professional executor has the knowledge and experience to handle complex situations, such as partial intestacy or legal disputes over residuary clauses.

Final Thoughts

Planning for your residuary property is important if you want to avoid confusion and disagreements. Adding a residuary clause to your will ensures that no asset is left out and that all your property is shared according to your wishes. If you do not include a residuary clause, the Intestate Succession Act in Singapore will decide how your residuary estate is distributed.

You can simplify this process by working with a Professional Will Writing Company in Singapore or by using online services to create a clear and complete will. This will help protect your loved ones and make sure your estate is handled as you intended.