Understanding How Your Property Is Distributed in Your Will

Last Update: 17th Dec 2025

For many Singapore residents, property is often the largest and most valuable asset in their estate. Singapore property ownership and mortgage rules can be complex, so it’s important to understand how your share is handled under your Will and how the legal structure of ownership affects distribution when you pass away.

Below is a comprehensive guide for Singapore property owners, including how property is handled in our online Will service, how ownership structure affects your estate, and what happens to mortgages after death.

How Do I Give Away My Property in NobleWills Online Will service?

In our online Will service, your property forms part of your residuary estate, unless ownership prevents this (e.g., joint tenancy — see below). This means:

Your property will be distributed to your selected beneficiaries.

Your trustees have flexibility to make practical decisions, including:

Selling the property and dividing the proceeds,

Transferring the property to one beneficiary with financial equalisation to others, or

Retaining the property as an investment for the beneficiaries.

In Singapore, trustees must follow the Trustee Act (Cap. 337) and act in the best interests of the beneficiaries, balancing fairness and practicality, especially in cases involving mortgaged property.

How Property Ownership Affects Your Will in Singapore

The way you own your property determines whether your share can be given away under your Will.

1. Sole Owner

If the property is registered only under your name:

• It forms part of your residuary estate.

• Your beneficiaries will inherit according to your Will.

• If the property is mortgaged, the mortgage continues with the estate; your executors may:

  • Continue mortgage payments,
  • Sell the property, or
  • Transfer the property subject to the mortgage (with bank consent).

This is the most straightforward structure for estate planning.

2. Joint Tenants

As joint tenants, each owner holds an undivided, equal share.

Upon your passing:

• Your share automatically passes to the surviving co-owners (rule of survivorship).
• Your share does NOT form part of your estate and cannot be given away under your Will.
• The surviving joint owners become the sole owners.

This is common in Singapore for married couples or co-owning family members. To change this, you may sever the joint tenancy (convert to tenancy in common), and we recommend consulting a conveyancing lawyer to make this arrangement.

3. Tenants in Common

Each owner holds a specific percentage share (e.g., 50/50, 70/30).

When you pass away:

• Your defined share forms part of your estate.
• It will be distributed according to your Will.
• Your co-owner does not automatically inherit your share.

This structure gives you full control over gifting your property and is often used for:

• Second marriages
• Siblings co-owning
• Friends investing together
• Business co-ownership
• Situations where owners want their share to pass to their own children

How to Check Your Property Ownership Structure

In Singapore, you can check your ownership status through the Singapore Land Authority (SLA) Integrated Land Information Service (INLIS). It will state clearly whether ownership is:

• “Joint Tenants” or
• “Tenants in Common” and the share ratio

What Happens to the Mortgage When You Pass Away?

1. Mortgage does not freeze

Even after death, the outstanding loan:

Continues to accrue interest

Must be managed by the executor or surviving co-owner(s)

2. Bank accounts used for repayment may be frozen

Once the bank is notified of the death, the repayment account may be temporarily frozen until probate is granted.

Executors should contact the bank promptly to arrange repayment.

Temporary arrangements can often be made to avoid arrears.

3. If the property is jointly owned

The surviving co-owner(s) must:

Continue paying the mortgage

Not wait for probate completion

Apply to take over the mortgage if needed (subject to bank approval)

Mortgage liability does not automatically transfer, and the bank may reassess affordability.

4. If the estate keeps the property

Your executor may:

• Rent out the property to cover mortgage payments
• Sell the property and repay the mortgage
• Transfer the property to beneficiaries (with bank consent to take on the loan)

What if Someone Lives in the Property?

Spouse living in the family home

They usually have a right to remain until:

• The property is sold, or
• Executors determine the next step in accordance with the Will

Tenants with a lease

Existing tenancy agreements remain valid after death.

Unmarried partner

If the deceased was the sole owner and did not include their partner in the Will, they have no automatic right to stay. The Will or estate plan must specify occupancy rights.

Overseas Property

If you own property outside Singapore:

Foreign jurisdictions have their own probate rules

You may need a separate foreign Will or trust for smoother transfer

Singapore probate does not automatically grant authority overseas

By reviewing your property ownership and planning ahead, you protect your loved ones from unnecessary stress, delays, and disputes. Writing a proper Will ensures your wishes are honoured. Start your Singapore Will with us here.

Frequently Asked Questions (FAQs)

Here are answers to common questions about how to write and manage your online Will in Singapore:

Can I leave my Singapore property to someone in my Will?

Yes, if you are the sole owner or part owner under a tenants in common. Joint tenancy property cannot be gifted under your Will.

What is the difference between joint tenancy and tenancy in common in Singapore?

Joint tenancy: property passes automatically to surviving owners. Tenancy in common: specific share forms part of estate and can be distributed under a Will.

Does a mortgage end when the owner passes away?

No. The mortgage continues. Executors or surviving co-owners must make arrangements.

Will the bank freeze mortgage accounts?

Yes, temporarily. Executors should coordinate with the bank to avoid arrears.

Can a surviving joint owner keep the property if there is a mortgage?

Yes, but the surviving owner must continue servicing the mortgage and may need bank approval to take over the loan.

Does my spouse automatically get the family home?

Only if held under joint tenancy; otherwise, distribution follows your Will or intestacy rules.

Do I need a separate Will for overseas property?

Typically recommended for foreign assets due to local probate rules.