I don’t want hubby to get share of flat

Source : Sunday Times - 10 Aug 2008

Q My daughter and I bought a private apartment with our savings and Central Provident Fund (CPF) monies.

I’m estranged from my husband. He sold our matrimonial home, most of which I paid for, to settle his gambling debts.

I want to make a will that excludes him completely.

Please tell me how I can prevent him from getting a share of my apartment or other personal assets.

A In your case, it is imperative you make a will. Otherwise, your assets would be distributed in accordance with the Intestate Succession Act. Your legal spouse would get half of your assets and your children would share the other half.

One exception would be properties held by you and another person in joint tenancy. If the apartment is held by you and your daughter as joint tenants, the survivor would get the entire property; intestacy rules would not apply.

Under the Inheritance (Family Provision) Act, any dependant of a deceased person may apply to court to challenge a will if no reasonable provision was made for him or her. If the court believes the terms of the will do not make reasonable provision for his or her maintenance, it may order that such provision be made out of the deceased’s estate.

The court will consider the applicant’s conduct and financial standing, and whether reasonable provision was made for him or her when the deceased was alive.

Based on the facts given by you, I do not think your husband would have a strong case for challenging your will.

A will protects assets other than the monies in your CPF account. For those, you need to nominate a beneficiary by sending a nomination form to the CPF Board.

You should also check your insurance policies. If you named your husband as a beneficiary, a statutory trust has been set up and any payout would go to him.

Finally, you can get a Deed of Separation so your current status would be legally reflected. Have a lawyer advise you regarding the implications.

Ang Kim Lan
Goodwins Law Corporation

Advice provided is not meant as a substitute for comprehensive professional advice.