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Intestate Succession Act 1967

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Enacted
1967
Sections
10
Cited in
20 decisions

Intestate Succession Act 1967 is Singapore Act, cited as Act ISA 1967, currently marked in force and first recorded in 1967.

Cited in court decisions

20

Court decisions that cite this act, detected automatically from judgment text and linked to the judgment we hold.

  • Referred to[2016] SGHC 02Case

    “Qin passed away on 22 January 2014. Chin claimed that he was entitled to Qin’s half share of the Hillview property under the Intestate Succession Act (Cap 146, 2013 Rev Ed) and applied for the Grant of Letters of Administration for her estate. Qin’s half share of the Hillview property was transferred to him on 13 Decem”

  • Referred to[2016] SGHC 185Case

    “tion had been automatically revoked. The reason: he had gotten married without their knowledge on 12 October 2011. The marriage meant that the CPF monies fell to be distributed in accordance with the Intestate Succession Act (Cap 146, Rev Ed 2013), which prescribes, inter alia, that one-half of the intestate’s estate g”

  • Referred to[2017] SGHC 28Case

    “gn law by cross-examination of the foreign law experts, similar to other factual witnesses. This proved helpful in Lim Weipin and another v Lim Boh Chuan and others [2010] 3 SLR 423, a suit under the Intestate Succession Act (Cap 146, 1985 Rev Ed) where the court had to determine the authenticity and status of adoption”

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  • Referred to[2017] SGHC 111Case

    “le of the executors is derived from the Will, Mr Rai argued that HSBC has no title to, and no right to deal with, the trust shares. Instead, the trust shares are to be dealt with separately under the Intestate Succession Act (Cap 146, 2013 Rev Ed) and separate letters of administration have yet to be obtained.”

  • Referred to[2017] SGHC 120Case

    “are adults. It is not in dispute that the beneficiaries of the estate of AVS (“the Estate”) are the plaintiff and her four children (“the beneficiaries”). It is also undisputed that, under s 7 of the Intestate Succession Act (Cap 146, 2013 Rev Ed), the plaintiff is entitled to a 50% share in the Estate. Despite having”

  • Referred to[2017] SGHC 200Case

    “s in 2003, moved out. Thereafter, the Plaintiff, the Deceased and the Aunt occupied the Flat. On 7 September 2007, the Aunt passed away. On 28 November 2008, the Deceased passed away. Pursuant to the Intestate Succession Act (Cap 146, 1985 Rev Ed), the beneficiaries of the Estate were the surviving children of the Dece”

  • Referred to[2018] SGHC 02Case

    “kin” in terms of the persons entitled to claim against the estate of a deceased person on intestacy. For example, an illegitimate child is not entitled to a claim against the estate on intestacy (see Intestate Succession Act (Cap 146, 2013 Rev Ed), ss 6 and 7; AAG v Estate of AAH, deceased [2010] 1 SLR 769 at [39]).”

  • Referred to[2018] SGHC 203Case

    “e CPF Act, the CPF Board transferred his CPF moneys to the Public Trustee in accordance with the CPF Act, and the moneys are presently held by the Public Trustee pending distribution. Pursuant to the Intestate Succession Act (Cap 146, 2013 Rev Ed) which applies by operation of the CPF Act, the two sons are each to rece”

  • Referred to[2019] SGHC 59Case

    “R6 contend) held on trust by R1 at the time of its sale, the net sales proceeds form part of their parents’ estates, which then fall to be divided in accordance with the rules of distribution in the Intestate Succession Act (Cap 146, 2013 Rev Ed) (“Intestate Succession Act”). In this regard, it is important to note tha”

  • Referred to[2019] SGHC 179Case

    “hether a sham marriage is a valid or void marriage under the Women’s Charter (Cap 353, 2009 Rev Ed) (“Women’s Charter”) and whether a party to a sham marriage is a “surviving spouse” under s 7 of the Intestate Succession Act (Cap 146, 2013 Rev Ed) (“ISA”) and a “wife” under s 73 of the Conveyancing and Law of Property”

  • Referred to[2020] SGHC 103Case

    “deration the Plaintiff’s share in the Flat. Subsequently, when the Plaintiff requested, the Defendant would sell the Flat and divide the net sale proceeds equally between them, in accordance with the Intestate Succession Act (Cap 146, 2013 Rev Ed).”

  • Referred to[2020] SGHC 132Case

    “d’s estate, including the plaintiff, as that was what the deceased had wanted. The defendant further asserts that there is no will and, thus, the Property has to be distributed in accordance with the Intestate Succession Act (Cap 146, 2013 Rev Ed) (the “ISA”). The defendant was granted letters of administration and she”

  • Referred to[2022] SGHC 273Case

    “the Will. Although the Dunlop Street property formed part of the Deceased’s estate, since it was not covered by the Will, it had to be distributed in accordance with the laws of intestacy. Under the Intestate Succession Act 1967 , the Plaintiff is entitled to one half share of the Dunlop Street property while her three”

  • Referred to[2022] SGHC 320Case

    “The defendants’ position is that as the Deceased had died intestate, Mr Shankar is the sole beneficiary of the Deceased’s estate by operation of the Intestate Succession Act (Cap 146, 2013 Rev Ed) (“Intestate Succession Act”).”

  • Referred to[2023] SGHC 107Case

    “r to the property that the deceased had beneficially owned while he was alive, which can only refer to property acquired up till the point in time immediately preceding his death (see, eg, s 5 of the Intestate Succession Act 1967 (2020 Rev Ed) and s 37(1) of the PAA). Nevertheless, in my view, regardless of whether the”

  • Referred to[2023] SGHC 314Case

    “us, if Evelyn chooses not to move out of the Property before her demise, there arises a situation of partial intestacy and, upon Evelyn’s demise, the Property falls to be distributed according to the Intestate Succession Act (Cap 146, 2013 Rev Ed). It would therefore appear that the trustees of Dr Khoo’s Estate continu”

  • Referred to[2025] SGHCF 15Case

    “(c) that the Defendant be excluded from the distribution and entitlement to any share of the Deceased’s assets and that the Plaintiff be solely entitled to all the Deceased’s assets pursuant to the Intestate Succession Act 1967 (2020 Rev Ed).”

  • Referred to[2025] SGHC 112Case

    “is prescribed by s 18 of the Probate and Administration Act 1934 (2020 Rev Ed) (“PAA”). Entitlement to the letters of administration is based on priority of entitlement to the estate under s 7 of the Intestate Succession Act 1967 (2020 Rev Ed) (“ISA”): see Toh Seok Kheng at [23]–[24]; G Raman, Probate and Administratio”

  • Referred to[2026] SGHC 26Case

    “) ss 35, 36A, read with Sch 2, Part 1. Under Singapore law, Mrs Doney would receive half of Mr Doney’s estate, with the remaining half split equally amongst all of Mr Doney’s children: see s 7 of the Intestate Succession Act 1967 (2020 Rev Ed), Rules 2 and 3.”

  • Referred to[2026] SGHCF 11Case

    “ble or immovable property devolves as if the other party to the marriage had been then dead”: s 103 of the WC. Without this rule, the general position would be that stipulated in Rule 1 to s 7 of the Intestate Succession Act 1967 (2020 Rev Ed), whereby the spouse of an intestate who “dies leaving a surviving spouse, no”

Application

Nothing in this Act shall apply to the estate of any Muslim or shall affect any rules of the Muslim law in respect of the distribution of the estate of any such person.

Interpretation

In this Act —“child” means a legitimate child and includes any child adopted by virtue of an order of court under any written law for the time being in force in Singapore, Malaysia or Brunei Darussalam;“intestate” includes any person who leaves a will but dies intestate as to some beneficial interest in his property;“issue” includes children and the descendants of deceased children.

Definition

“child” means a legitimate child and includes any child adopted by virtue of an order of court under any written law for the time being in force in Singapore, Malaysia or Brunei Darussalam;

Definition

“intestate” includes any person who leaves a will but dies intestate as to some beneficial interest in his property;

Definition

“issue” includes children and the descendants of deceased children.

Law regulating distribution

(1)

The distribution of the movable property of a person deceased shall be regulated by the law of the country in which he was domiciled at the time of his death.

(2)

The distribution of the immovable property of a person deceased shall be regulated by this Act wherever he may have been domiciled at the time of his death.

Property of intestate to be distributed

If a person dies intestate after 2 June 1967, he being at the time of his death —

(a)

domiciled in Singapore and possessed beneficially of property, whether movable or immovable, or both, situated in Singapore; or

(b)

domiciled outside Singapore and possessed beneficially of immovable property situated in Singapore,that property or the proceeds thereof, after payment thereout of the expenses of due administration as prescribed by the Probate and Administration Act 1934, shall be distributed among the persons entitled to succeed beneficially to that property or the proceeds thereof.

Persons held to be similarly related to deceased

For the purposes of distribution —

(a)

there shall be no distinction between those who are related to a person deceased through his father and those who are related to him through his mother nor between those who were actually born in his lifetime and those who at the date of his death were only conceived in the womb but who have subsequently been born alive; and

(b)

those related to a person deceased by the half blood shall rank immediately after those of the whole blood related to him in the same degree.

Rules for distribution

In effecting such distribution, the following rules shall be observed:Rule 1 If an intestate dies leaving a surviving spouse, no issue and no parent, the spouse shall be entitled to the whole of the estate.Rule 2 If an intestate dies leaving a surviving spouse and issue, the spouse shall be entitled to one-half of the estate.Rule 3 Subject to the rights of the surviving spouse, if any, the estate (both as to the undistributed portion and the reversionary interest) of an intestate who leaves issue shall be distributed by equal portions per stirpes to and amongst the children of the person dying intestate and such persons as legally represent those children, in case any of those children be then dead. Proviso No. (1) — The persons who legally represent the children of an intestate are their descendants and not their next‑of‑kin. Proviso No. (2) — Descendants of the intestate to the remotest degree stand in the place of their parent or other ancestor, and take according to their stocks the share which he or she would have taken.Rule 4 If an intestate dies leaving a surviving spouse and no issue but a parent or parents, the spouse shall be entitled to one-half of the estate and the parent or parents to the other half of the estate.Rule 5 If there are no descendants, the parent or parents of the intestate shall take the estate, in equal portions if there be 2 parents, subject to the rights of the surviving spouse (if any) as provided in rule 4.Rule 6 If there are no surviving spouse, descendants or parents, the brothers and sisters and children of deceased brothers or sisters of the intestate shall share the estate in equal portions between the brothers and sisters and the children of any deceased brother or sister shall take according to their stocks the share which the deceased brother or sister would have taken.Rule 7 If there are no surviving spouse, descendants, parents, brothers and sisters or children of such brothers and sisters but grandparents of the intestate, the grandparents shall take the whole of the estate in equal portions.Rule 8 If there are no surviving spouse, descendants, parents, brothers and sisters or their children or grandparents but uncles and aunts of the intestate, the uncles and aunts shall take the whole of the estate in equal portions.Rule 9 In default of distribution under rules 1 to 8, the Government shall be entitled to the whole of the estate.

Special provision if intestate leaves lawful widows

If any person so dying intestate leaves surviving him more than one wife, such wives shall share among them equally the share that the wife of the intestate would have been entitled to, had the intestate left only one wife surviving him.

Children’s advancement not to be taken into account

Where a distributive share of the property of a person dying intestate is claimed by a child or any descendant of a child of that person, no money or other property which the intestate may during his life have given, paid or settled to or for the advancement of the child by whom or by whose descendant the claim is made shall be taken into account in estimating such distributive share.

Application to cases of partial intestacy

Where any person dies leaving a will beneficially disposing of part of his property, the provisions of this Act shall have effect as respects the part of his property not so disposed of, subject to the provisions contained in the will:Provided that the personal representative shall, subject to his rights and powers for the purposes of administration, be a trustee for the persons entitled under this Act in respect of the part of the estate not expressly disposed of unless it appears by the will that the personal representative is entitled to take that part beneficially.

Common questions

What is Intestate Succession Act 1967?
Intestate Succession Act 1967 is Singapore Act, cited as Act ISA 1967, currently marked in force and first recorded in 1967.
Is Intestate Succession Act 1967 still in force?
Yes — Intestate Succession Act 1967 is currently in force.
When did Intestate Succession Act 1967 take effect?
Intestate Succession Act 1967 was first recorded in 1967.
How many sections does Intestate Succession Act 1967 have?
Intestate Succession Act 1967 contains 10 sections.
Where can I read the official version of Intestate Succession Act 1967?
The official text of Intestate Succession Act 1967 is published at sso.agc.gov.sg.

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