Monday, October 6, 2008

Should Notice of Death be filed?

Source : Sunday Times - 5 Oct 2008

Q My mum died recently. She jointly owned a flat with my brother. Is it necessary to file a Notice of Death as we do not wish to incur legal fees? Doesn’t my brother become the owner automatically with my mum’s death? If so, why must he file a Notice of Death?

A If your mum and your brother owned the flat as ‘Joint Tenants’, your brother became the sole owner when your mum died.

An instrument of Notice of Death should be registered with the Singapore Land Authority to name your brother as the sole registered proprietor as soon as possible.

By doing this, firstly, the Land Register maintained by the Singapore Land Authority is updated on the status of the ownership, and secondly, any interested party in respect of the flat will be able to ascertain that your brother is the sole registered proprietor of the flat by conducting a title search with the Singapore Land Authority.

Mabel Lim
Partner, Harry Elias Partnership

Advice provided in this column is not meant as a substitute for comprehensive professional advice

No comments: