It's not a comfortable topic, but it's one of the most consequential decisions you make when buying property with someone else. How your property is held — joint tenancy or tenancy in common — determines whether your loved ones can simply continue as owners, or whether they need to go through the courts first.
When most people buy a property with a spouse, parent, sibling or partner, the conversation focuses on price, financing and the unit itself. The question of how the property is legally co-owned — joint tenancy versus tenancy in common — often gets ticked off as a formality during the conveyancing process, without much thought about what it actually means down the line.
But this single decision determines something significant: when one owner passes away, does the property simply continue with the surviving owner(s), or does it become part of an estate that needs to go through probate before anyone can deal with it? Understanding this now — while it's a hypothetical — can save your family significant time, cost and stress later, when it is not hypothetical at all.
What it means: All owners hold the property as a single, undivided whole. No one owns a specific "share."
On death: The deceased's interest automatically passes to the surviving joint tenant(s) by the right of survivorship — regardless of what the deceased's will says.
Probate needed? Generally no, for the property itself — provided there is no outstanding mortgage. The surviving owner can update the title directly.
Common for: Married couples buying their matrimonial home, where the intention is for the survivor to retain full ownership.
What it means: Each owner holds a specific, defined share of the property (e.g. 50/50, 70/30), which can be unequal and can be sold or willed independently.
On death: The deceased's share does not automatically pass to the co-owner. It forms part of the deceased's estate and passes according to their will, or under intestacy rules if there is no will.
Probate needed? Yes — the deceased's share generally requires a grant of probate or letters of administration before it can be transferred.
Common for: Co-investors, siblings buying together, or anyone who wants their share to go to specific people other than the co-owner — for example, to their own children from a previous relationship.
Important nuance: The Singapore Courts note that immovable property — including HDB flats — held under joint tenancy with no outstanding mortgage generally does not require a grant of probate or letters of administration to pass to the surviving owner. This is one of the key practical reasons many married couples choose joint tenancy for their matrimonial home: it avoids the entire probate process for the property itself.
When someone passes away, the assets and liabilities they leave behind form their "estate" — this includes property, cash, CPF monies, investments and any debts. Before these can be distributed, someone needs to be legally appointed to manage the estate. The Family Justice Courts handle this through two different routes, depending on whether the deceased left a valid will.
| Grant of Probate | Letters of Administration | |
|---|---|---|
| When it applies | Deceased left a valid will | Deceased did not leave a valid will |
| Who applies | The executor named in the will | A beneficiary entitled under intestacy rules — spouse, children, parents, siblings or other next-of-kin depending on circumstances |
| Applicant becomes | The "executor" of the estate | The "administrator" of the estate |
This process matters for property because, where a grant is required, the property cannot legally be sold, transferred, or even have its title updated until the grant is obtained and the executor or administrator is empowered to act. This is not a same-week process — depending on the complexity of the estate, whether there are disputes among beneficiaries, and current court timelines, obtaining a grant can take anywhere from a few months to well over a year.
There are specific situations where a grant of probate or letters of administration is not required:
Notice the qualifier on the joint tenancy exemption: "no outstanding mortgage." If there is an outstanding home loan, the situation becomes more layered — the bank's interests, any mortgage insurance (such as Home Protection Scheme for HDB flats financed with CPF), and the surviving owner's ability to continue servicing the loan all come into play. This is where many families discover gaps they didn't know existed, often at the worst possible time.
The choice between joint tenancy and tenancy in common is typically made at the point of purchase, when your lawyer asks how you'd like to hold the property. For many buyers, this question gets a quick, default answer without much thought — but it has lasting consequences that are difficult and sometimes costly to change later (changing the tenancy structure after purchase can involve legal fees, stamp duty considerations, and in some cases CPF implications).
For married couples buying a home together with the clear intention that the survivor keeps the property, joint tenancy is usually the straightforward choice — it avoids probate for the property and ensures continuity. For co-investors, unmarried couples, or those with children from previous relationships who want their share to go to specific people, tenancy in common with a properly drafted will is often more appropriate — but this comes with the trade-off that probate will be required for that share.
The scenario that catches people off guard: A property held under tenancy in common, where the deceased owner did not leave a will. The surviving co-owner cannot simply continue as if nothing changed — the deceased's share is now subject to intestacy rules, and letters of administration must be obtained by an eligible beneficiary (who may not even be the surviving co-owner) before anything can be done with the property. Selling, refinancing, or even paying property tax can become complicated during this period.
Beyond the joint tenancy versus tenancy in common decision, having a valid will is the single most effective step toward avoiding the letters of administration process entirely for assets that do require probate. A will allows you to name an executor — someone you trust — who can apply for a grant of probate relatively efficiently, rather than leaving the courts to determine, under intestacy rules, who among your relatives is entitled to apply and in what proportions.
If you're unsure whether a deceased family member left a valid will, the Wills Registry maintained by the Singapore Academy of Law can be checked — though this only confirms whether a will was registered, not whether one exists informally. This is another reason to ensure any will you make is properly registered and that your intended executor knows where to find it.
This isn't a topic that comes up naturally when people are excited about buying a new home — everyone is focused on the unit, the price, the renovation plans. But the joint tenancy versus tenancy in common decision, and whether you have a will, are two of the most consequential pieces of paperwork connected to property ownership, precisely because they only matter at the moment when you're no longer around to clarify your intentions.
For most married couples buying their matrimonial home, joint tenancy combined with a simple will covering other assets (CPF nomination, bank accounts, insurance) covers the bulk of scenarios cleanly. For more complex situations — second marriages, property held with siblings, investment properties meant for specific children — tenancy in common with a properly drafted will that names a clear executor is usually the better fit, even though it means probate will eventually be needed for that share.
If you're in the process of buying — especially if you're buying with someone who isn't your spouse, or if your family situation is more layered than "married couple, joint home" — it's worth having this conversation with your lawyer at the point of purchase, not years later. I'm happy to point you toward the right questions to ask, even though the legal drafting itself should go through a qualified lawyer.
Planning a purchase and want to think through the ownership structure that fits your situation? Happy to talk it through.
WhatsApp Bryan →Source: Singapore Courts (judiciary.gov.sg), Family Justice Courts — Probate and Administration. This article is for general informational purposes only and does not constitute legal advice. For matters relating to wills, probate, letters of administration, or property ownership structure, please consult a qualified lawyer.
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