Tenants-in-common

Proportion of shares  – The shareholdings between tenants-

in-common need not be equal and can be, for instance, 1/3 :
2/3 or 1/4 : 3/4. Co-owners may decide to have unequal
shareholdings for example where the owners wish to divide
their shareholdings based on the amount that each had
contributed to the purchase price of the property.

Death of a co-owner – If A and B hold the property as

tenants-in-common, then upon A’s death, A’s share in the
property will form part of his estate and will be distributed in
accordance with A’s Will, or if A has died without leaving a
Will, his interest will be distributed in accordance with the
Intestate Succession Act (Cap. 146). This Act provides for the
mode of distribution of the estates of persons dying without a
Will. Please note that the mode of distribution discussed does
not apply to Muslims.

Any property forming part of a deceased person’s estate

cannot be dealt with until the personal representative of the
deceased person’s estate has been appointed. The deceased’s
executor/next-of-kin will have to apply to the courts for the
Grant of Probate (where there is a Will) or the Letter of
Administration (where there is no Will) to appoint the
personal representative and to vest the property, along with
the rest of the deceased’s estate, in that personal
representative. Hence, where the property is held under a
tenancy-in-common, upon the death of one owner, the other
owner will have to wait till the personal representative is
appointed before the whole property can be sold or otherwise
dealt with.

Joint Tenants

Proportion of shares  – In a joint tenancy, each owner will

hold the whole property jointly with the other. However, for
purposes of estate duty, conversion to tenancy-in-common
etc., each owner will be presumed to have an equal share in
the property, unless proven otherwise.
Death of a co-owner  – If A and B are joint tenants of the
property, then upon the death of A, A’s interest in the
property will automatically pass to B. Even if A had left a
Will, A’s interest in the property will not be distributed in
accordance with A’s Will. In other words, the survivor of the
two will be entitled to the entire property. This is the right of
survivorship.

Sometimes it is unclear which of the owners die first. For

example, A and B may have been killed together in a plane
crash. In such a situation, there is a presumption in law that
the younger dies later.

As A’s share in the property has automatically passed to B, B

can deal with the whole of the property. However, if B intends
to sell or otherwise deal with the property within 12 years of
A’s death, B will have to produce evidence that there is no
estate duty payable on A’s estate, or if there is any, the estate
duty has been paid.

Conversion of manner of holding

With effect from 1 March 1994, tenants-in-common who have

equal shares and joint tenants may convert their manner of
holding to a joint tenancy or a tenancy-in-common in equal
shares respectively, by making a declaration in the form
prescribed under the Land Titles Act (Cap. 157) and
registering the declaration at the Singapore Land Registry.

If the owners had granted a mortgage of the property to a

financial institution or a charge to CPF Board, the
mortgagee’s/CPF Board’s consent will have to be obtained
before the declaration can be registered at the Singapore Land
Registry.