Why this matters more than most families realise
This is a decision made once, usually at the point of buying the property, often without much thought given to what it actually means later. Most people simply follow whatever the standard option was at the time. But the manner of holding determines, entirely, what happens to the flat when an owner dies, and it's not something a will can override if it conflicts with how the property is actually held. Understanding which one you have, or which one a deceased family member had, is often the single most consequential piece of estate information a family needs.
The two ways property can be held
| Joint Tenancy | Tenancy-in-Common | |
|---|---|---|
| What each owner holds | Each co-owner owns the entire property together, no separate shares | Each co-owner holds a distinct, defined share, e.g. 50/50, or any other split |
| What happens when one owner dies | The deceased's interest disappears entirely, the surviving owner automatically becomes sole owner | The deceased's share becomes part of their estate, and is distributed via will or intestacy |
| Does a will affect this? | No. The right of survivorship overrides any instruction in a will, even if the will says otherwise | Yes. The deceased's share passes according to their will, or the Intestate Succession Act if there's no will |
| Is probate needed to transfer the flat? | No. The surviving owner becomes sole owner directly, without a Grant of Probate | Yes. A Grant of Probate or Letters of Administration is needed before the deceased's share can be transferred |
| Typically used by | Married couples wanting a simple, automatic transfer to each other | Business partners, siblings, or anyone wanting their share to go to someone other than the co-owner |
The scenario that catches families off guard
Here's the situation that causes real confusion and, sometimes, real conflict: a property is held in joint tenancy between, say, two siblings and a parent, or a remarried parent and a new spouse. When one of the joint tenants dies, their entire interest in the property passes automatically to the surviving joint tenant, or tenants, even if their will says they wanted their share to go to their children instead. The will simply doesn't apply to that asset, because there was never a separate 'share' to leave in the first place, joint tenancy means everyone owns the whole thing together, with nothing distinct to bequeath.
This is precisely why joint tenancy suits spouses who genuinely want the survivor to automatically become sole owner, and is a poor fit for situations where the owner wants to direct their portion to someone specific, children from a first marriage, for instance. If that's the goal, tenancy-in-common is usually the more appropriate structure.
💡 Tip
You can check how your HDB flat is currently held via My HDBPage. For private property, this is recorded with the Singapore Land Authority (SLA). It's worth checking now, while it can still be changed, rather than discovering the answer after someone has already passed.
Can you change it?
Yes, while all owners are alive and in agreement. For HDB flats, this requires an application to HDB for a Change in Manner of Holding, subject to HDB's eligibility criteria (for example, adding or removing a child as an owner is an accepted reason). All co-owners must consent, and there's a non-refundable administrative fee. For private property, changing from joint tenancy to tenancy-in-common, or the reverse, generally requires a property lawyer to prepare and lodge an Instrument of Declaration with the SLA. Once someone has already passed, the manner of holding at that point in time is what determines the outcome, it cannot be changed retroactively.
For Muslim families: this interacts with Faraid differently
It's worth flagging specifically for Muslim families: property held in joint tenancy passes to the surviving joint tenant by survivorship, the same as under civil law, and this position has been confirmed by both the civil courts and a 2019 ruling (Fatwa) from the Islamic Religious Council of Singapore (MUIS). This means the deceased's share in a jointly-held property is not distributed under Faraid, it passes outside the Faraid framework entirely, the same way it would for anyone else. See Faraid: How Muslim Inheritance Works in Singapore for the fuller picture of what is and isn't subject to Faraid.
Where this fits with everything else
If the flat is held under tenancy-in-common, the deceased's share moving through the estate means it's directly connected to whether there's a Legal Personal Representative appointed yet, see No Legal Personal Representative Yet?, and to the 2-year property tax owner-occupier window, which runs regardless of which manner of holding applies.
