Well, this might not be such a good topic to discuss about, especially it is going to be Chinese New Year soon. But this question kept me in suspense for a long time. Today, I did some research on the internet. It seems this topic is under Estate Planning. I have a few questions. What will happen to my monies in:
- Bank Accounts, including FD
- Stock in CDP
- Property
- Insurance
I extracted the information from Singapore Estate Planning Services. Please check out their website for details.
Estate Settlement Process of Bank Account
1. Joint Account Fixed Deposit
The surviving joint account holder should provide the bank with a copy of the death certificate, and bring proof of identity (e.g. NRIC) to close the account. The bank will usually automatically give the account balance to the surviving account holder once the account is closed. This is provided the joint account is not pledged to a liability of the bank (e.g. overdraft, or business capital facility).
If there is more than one surviving joint account holder, the bank will usually proportionally allocate the balance. In this case, all parties must be present and provide the relevant documentation to close the account and withdraw the money. If there is any dispute over the allocation, the bank can freeze the account and advice the surviving account holders to seek a court order to settle the dispute.
2. Single Account Fixed Deposit or Savings Account
If the fixed deposit or savings account is held in a single name, the family members or the legal representative can apply for release of funds from the bank. The degree of complexity depends on the amount. By and large, banks prefer to deal with the legal representative of the deceased person’s estate with the appropriate a letter of administration or grant of probate.
If the amount is less than $5,000, the deceased “next-of-kin” (claimant) can approach the bank without a letter of administration or grant of probate. Next-of-kin is restricted to the following:
- Spouse
- Children
- Parents
- Siblings
[Source: http://www.estateplanning.com.sg/estate-settlement-process-of-bank-account/]
Estate Settlement of Equity and Bond
Upon knowing that the investor has died, the deceased person’s securities account will be updated to an estate account. The personal representative of the estate needs to extract a letter of administration or a grant of probate from the court, and present it to CDP in person. The other documents needed are the death certificate, asset schedule, and the personal representative identification card. Subsequently, a request to transfer the securities can be made.
It is not necessary to liquidate the securities. These securities can be transferred to the rightful beneficiaries according to the deceased person’s will or under the intestacy law. The personal representative will be notified once the transfers are completed.
There will be a transfer fee incurred. At the time of this writing, the fee is $10.70 (inclusive of GST) per counter per transfer request.
If the grant of probate is extracted overseas, the foreign grant has to be resealed in Singapore Court.
If the personal representative is overseas, his signature has to be witnessed by the Notary Public, and the supporting documents have to be certified by the Notary Public before mailing to CDP.
[Source: http://www.estateplanning.com.sg/estate-settlement-of-equity-and-bond/]
Estate Settlement of Property
a. Estate Settlement of a Property under Sole Ownership
If the property is in sole ownership of the deceased without mortgage, the legal representative could transfer the ownership according to the will or the Intestacy laws (if there is no will). Alternatively, the property could be sold and the proceeds be distributed amongst the beneficiaries.
During the estate settlement of property process, the legal representative needs to be mindful that there will be property up-keeping costs involved. These include a property tax, property management & sinking fund, utility bills, insurance etc. These costs should be paid by the estate account.
If you are a Muslim, you need to give serious thought to the sole ownership of your matrimonial property. Because upon your death, your legal representative would most likely sell the property and distribute the proceeds according to the Faraid (Muslim Intestacy Law). Your surviving spouse could end up without a home.
b. Estate Settlement of a Property under Joint Ownership
This is the most common form of property ownership in Singapore, especially amongst husband and wife. In legal language, this is known as “joint tenancy”. The title deed will state the co-owners hold the property as “joint tenants”. In a joint ownership, there is a single title, interest, time of commencement of title, and unity of possession. These are known as the 4 unities.
When a joint-owner dies, his right is extinguished and vested in the surviving joint-owner(s) until the last surviving owner becomes the sole owner of the property. This is the unique feature of joint tenancy which is commonly known as the “right of survivorship”. The joint owner is legally incapable of transferring (or gifting) his joint interest in the property by will to others. On his death, his property interest will pass to the surviving joint owner(s) automatically.
If there is an intention to give one’s share to another, the joint tenancy can be unilaterally severed. Agreement from the other joint owner is not required, but the joint owner will be informed (Section 53(5) of Land Titles Act). This is most applicable in an estate planning situation when 2 parties are going through separation leading to a divorce.
c. Estate Settlement of a Property under Tenancy in Common
The other co-ownership structure is “Tenancy in Common”, where each co-owner has a separate title and interest in the property, but the shares may vary according to the co-owner’s contribution. This form of property ownership is popular when 2 or more people pool their funds together to co-own a property for investment purposes; or business partners co-own a commercial property. Usually the owners have no legal relationships with each other, unlike a husband and a wife.
The co-owners have an undivided possession of the property. Unlike joint ownership, tenancy in common has no right of survivorship. Upon the death of a co-owner, the deceased person’s share passes to the persons named in his will, or, in the absence of a will, according to intestacy laws.
Therefore, in the estate settlement of a property under tenancy in common, the legal representative could call in the deceased person’s share of the property and distribute it accordingly without the need of agreement from existing co-owners.
d. Estate Settlement of a Property under Mortgage
Assuming Peter needs to purchase a property, XYZ, without which Jane will not agree to a marriage with Peter. Peter approaches ABC Bank for a mortgage on XYZ property. A mortgage would mean Peter (the borrower, also known as the mortgagor) transfers XYZ property to ABC Bank (the lender, also known as the mortgagee) as a security for the repayment of a $1M loan (also known as a mortgagee loan).
When a bank lends money to a borrower to enable him to buy a property, the main term of the loan is that the borrower will execute a legal mortgage of the property to the bank to secure the repayment of the loan. The legal mortgage is created by a registered transfer of the legal ownership of the property from the mortgagor (borrower) to the mortgagee (lender), subject to the mortgagor’s right to redeem the mortgage.
Therefore, if the borrower dies before discharging the mortgage, the lender (i.e. bank) has the legal ownership of the property instead of the deceased person’s estate. If there is insufficient cash from the estate to settle the outstanding loan, the bank has every right to force sell the property. In this situation, the deceased family members could be left without a home.
The problem could be magnified if the deceased has not one, but two or three mortgages (a common situation especially for property investors), the legal representative has to prioritise the limited liquidity within the estate to resolve the issue.
[Source: http://www.estateplanning.com.sg/estate-settlement-of-property/]
Estate Settlement Process of CPF
If, at the time of the death, there is no person nominated, the total amount payable shall be paid to the Public Trustee for disposal in accordance with the Intestate Succession Act. If the deceased is a Muslim, the Public Trustee will dispose the Fund according to the Certificate of Inheritance, which the family can obtain from the Syariah Court.
If the nominated person (other than a widow) is below the age of 18 at the time of payment of the amount payable out of the Fund, his portion of the amount payable shall similarly be paid to the Public Trustee for the benefit of the nominated person.
CPF nomination covers your CPF ordinary account, special account, retirement account, medisave account, discounted SingTel shares, and CPF Life annuity. Investment products bought through CPFIS and Dependent Protection Scheme (DPS) Insurance are not covered under CPF nomination. These assets will form part of your estate distributable under a will or Intestate Succession Act.
Points to pay attention to:
- When you marry, your CPF nomination will be revoked.
- When you divorce, your nomination will not be revoked. You can revoke your nomination by informing CPF Board, or you can re-do your nomination.
- When you re-marry and have children from your previous marriage. Your earlier nomination will be revoked, and your CPF savings will be distributed 50% to your current spouse, and 50% to all your children. Of course, you re-do your nomination to appropriately allocate your CPF savings upon your death.
- Your will does not supersede an earlier nomination.
- If your nominee is an undischarged bankrupt., you might want to re-allocate the CPF nomination. Otherwise, if the nominee is still an undischarged bankrupt at the time your CPF savings are paid out, the CPF Board will be legally obliged to inform the Official Assignee (OA) of any assets that are due to him.
- You can authorise the Board to disclose your CPF information after your demise to an appointed person. The relevant information is: (i) the names of your nominee(s) and witnesses; (ii) the relationship between yourself and – (a) your nominee(s); and (b) the witnesses to this nomination form; (iii) the proportion of your CPF moneys that each nominee has been nominated to receive; and (iv) your latest CPF Statement of Account and the current year’s Transaction History as of the date of your death.
- You can authorise a person to act on your behalf if you subsequently lack mental capacity within the meaning of section 4 of the Mental Capacity Act (Cap 177A) (“MI member”).
[Source: http://www.estateplanning.com.sg/estate-settlement-process-of-cpf/]
There a lots more information from their website. Do check it out.