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Thread: what if the will is written this way?

  1. #1
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    Default what if the will is written this way?

    under sgp law what would happen with the following case?

    - A's parents stays in A's house / apartment and A's is living elsewhere (all living in SGP)
    - A's sibling, B, moves in to stay with the parents
    - B claims he looked after the parents during this period (can be years)
    - The parents sets up will to indicate they want to give the house / apartment to B

    Is this will effective since A's the lawful owner of the property?
    Or would the court rule based on the fact that A was not living at the property while the parents did, hence they are the actual occupant and hence considered as de facto owners, hence the will is effective?

    If there was no will, can B fight with A for the property occupied by their parents?

    Just curious.

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    Default Re: what if the will is written this way?

    Quote Originally Posted by ConnorMcLeod View Post
    under sgp law what would happen with the following case?

    - A's parents stays in A's house / apartment and A's is living elsewhere (all living in SGP)
    - A's sibling, B, moves in to stay with the parents
    - B claims he looked after the parents during this period (can be years)
    - The parents sets up will to indicate they want to give the house / apartment to B

    Is this will effective since A's the lawful owner of the property?
    Or would the court rule based on the fact that A was not living at the property while the parents did, hence they are the actual occupant and hence considered as de facto owners, hence the will is effective?

    If there was no will, can B fight with A for the property occupied by their parents?

    Just curious.
    The house, cannot be claimed by B. It's still under A's name. Legally the house does not even belong to A's parents.

    GMAN

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    Moderator catchlights's Avatar
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    Default Re: what if the will is written this way?

    Quote Originally Posted by Ninja23XX View Post
    The house, cannot be claimed by B. It's still under A's name. Legally the house does not even belong to A's parents.

    GMAN
    correct, the name in the title deed is under A's name, the court can't give A's property to B.

    where as no Will, A and B will share the estate equally.
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  4. #4

    Default Re: what if the will is written this way?

    Quote Originally Posted by catchlights View Post
    correct, the name in the title deed is under A's name, the court can't give A's property to B.

    where as no Will, A and B will share the estate equally.
    I don't think so.. If the property is in A's name only, then it is solely A's. Unless it is Tenant-in-common, where the property is A 's name and his parent's name. Then the parent can make a will on who get their share's of the property.

  5. #5
    Moderator catchlights's Avatar
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    Default Re: what if the will is written this way?

    Quote Originally Posted by johnlim View Post
    I don't think so.. If the property is in A's name only, then it is solely A's. Unless it is Tenant-in-common, where the property is A 's name and his parent's name. Then the parent can make a will on who get their share's of the property.
    my reply is base on the info give by TS, nothing mention about the parents do own the property
    Quote Originally Posted by ConnorMcLeod View Post
    under sgp law what would happen with the following case?

    - A's parents stays in A's house / apartment and A's is living elsewhere (all living in SGP)
    - A's sibling, B, moves in to stay with the parents
    - B claims he looked after the parents during this period (can be years)
    - The parents sets up will to indicate they want to give the house / apartment to B

    Is this will effective since A's the lawful owner of the property?
    Or would the court rule based on the fact that A was not living at the property while the parents did, hence they are the actual occupant and hence considered as de facto owners, hence the will is effective?

    If there was no will, can B fight with A for the property occupied by their parents?

    Just curious.
    I guess the parents draft the Will by themselves, a lawyer will tell them this can't be done.
    Last edited by catchlights; 3rd September 2009 at 10:00 AM.
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  6. #6

    Default Re: what if the will is written this way?

    u can't will out a property that's not under ur name.....
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  7. #7

    Default Re: what if the will is written this way?

    Quote Originally Posted by catchlights View Post
    correct, the name in the title deed is under A's name, the court can't give A's property to B.

    where as no Will, A and B will share the estate equally.
    This is misleading. How can A & B share the estate equally since A is the sole owner of the house?

  8. #8
    Moderator catchlights's Avatar
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    Default Re: what if the will is written this way?

    Quote Originally Posted by johnlim View Post
    This is misleading. How can A & B share the estate equally since A is the sole owner of the house?
    I have already said, base on TS info, the property does not belong to the parents.

    Since when the estate is only limit to the property? can't their parents own something? cash in hand? cash in bank? stock and shares? private company shares?
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  9. #9

    Default Re: what if the will is written this way?

    Quote Originally Posted by catchlights View Post
    I have already said, base on TS info, the property does not belong to the parents.

    Since when the estate is only limit to the property? can't their parents own something? cash in hand? cash in bank? stock and shares? private company shares?
    Alright, u are refering to the "estate" of the parents. An estate can include other things as well, not necessarily housing.

    If there was no will, can B fight with A for the property occupied by their parents?


    But the original question was simply about the real estate issue; As the above suggest.

  10. #10
    Moderator catchlights's Avatar
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    Default Re: what if the will is written this way?

    Quote Originally Posted by johnlim View Post
    Alright, u are refering to the "estate" of the parents. An estate can include other things as well, not necessarily housing.

    If there was no will, can B fight with A for the property occupied by their parents?


    But the original question was simply about the real estate issue; As the above suggest.
    is there anything to fight? if the property does not belong to their parents, B has no case at all.
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  11. #11
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    Default Re: what if the will is written this way?

    Quote Originally Posted by johnlim View Post
    I don't think so.. If the property is in A's name only, then it is solely A's. Unless it is Tenant-in-common, where the property is A 's name and his parent's name. Then the parent can make a will on who get their share's of the property.
    You just reminded me. For HDB, it requires a family nuclues etc. So if the parents are part of this, does it give the parents the right / option to transfer the right (not sure if this is the way to describe) to occupy the HDB flat to B? Intuitively I would expect this is not possible but since I already asked a strange question to start the thread, so let's bring it up here

  12. #12
    vince123123
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    Default Re: what if the will is written this way?

    1. With will; Answer = No
    2. Without will; Answer still = No.

    Quote Originally Posted by ConnorMcLeod View Post
    under sgp law what would happen with the following case?

    - A's parents stays in A's house / apartment and A's is living elsewhere (all living in SGP)
    - A's sibling, B, moves in to stay with the parents
    - B claims he looked after the parents during this period (can be years)
    - The parents sets up will to indicate they want to give the house / apartment to B

    Is this will effective since A's the lawful owner of the property?
    Or would the court rule based on the fact that A was not living at the property while the parents did, hence they are the actual occupant and hence considered as de facto owners, hence the will is effective?

    If there was no will, can B fight with A for the property occupied by their parents?

    Just curious.

  13. #13
    vince123123
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    Default Re: what if the will is written this way?

    From my recollection, if upon death, the beneficiaries of a HDB cannnot form a sufficient nucleus to own it; the flat will have to be sold.

    Quote Originally Posted by ConnorMcLeod View Post
    You just reminded me. For HDB, it requires a family nuclues etc. So if the parents are part of this, does it give the parents the right / option to transfer the right (not sure if this is the way to describe) to occupy the HDB flat to B? Intuitively I would expect this is not possible but since I already asked a strange question to start the thread, so let's bring it up here

  14. #14
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    Default Re: what if the will is written this way?

    Quote Originally Posted by vince123123 View Post
    From my recollection, if upon death, the beneficiaries of a HDB cannnot form a sufficient nucleus to own it; the flat will have to be sold.
    i see.

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