Why Modern Families Should Not Rely on the Intestate Succession Act (ISA) (And Why Writing a Will is Essential)

July 8, 2025

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In today’s diverse society, family structures are varied and often complex, moving far beyond the traditional model of a nuclear family. 

However, there may be a mismatch between the laws governing estate planning such as the Intestate Succession Act (ISA), and reality.

Understanding how the ISA applies, and more importantly, its limitations, is crucial for anyone looking to safeguard their loved ones' futures. 

For modern families, it is essential to recognise that relying solely on the ISA for estate planning might not reflect your wishes or provide for your loved ones adequately after your passing. 

This is why writing a will and considering other estate planning tools becomes not just beneficial but necessary. This guide aims to illuminate these issues and offer practical solutions to ensure that all your loved ones are recognised and protected, no matter how unconventional your family structure may be.

First things first, what is the ISA?

The Intestate Succession Act (ISA) in Singapore is designed to govern the distribution of assets when someone dies without a will. This legislation generally assumes a traditional family structure, which includes legally married spouses and biological children. Unfortunately, it fails to reflect modern realities, such as unmarried partners, stepchildren, and children born out of wedlock, leaving these individuals potentially unprotected and unrecognised in the distribution of assets.

Modern Family Scenarios and Solutions

Scenario 1: Unmarried Couple with No Children

🤔 Problem

Under the ISA, unmarried partners are not recognised as heirs. Consequently, the deceased's estate may default to parents or siblings, completely bypassing the partner. 

✅ Solution

• Write a Will: Clearly state your desire for your partner to inherit specific assets.
• Make Nominations: Designate your partner in your CPF and insurance plans.
• Legal Preparations: Set up a Lasting Power of Attorney (LPA) to handle medical and financial decisions should you become mentally incapacitated.

Scenario 2: Unmarried Couple with Children

🤔 Problem

While children may inherit under the ISA, the unmarried partner is still excluded. If the children are minors, their inheritance is managed by the Administrator*, not the surviving partner. 

✅ Solution

• Write a Will: Appoint your partner as the guardian or trustee for your children.
• Trusts: Establish trusts to manage the inheritance, ensuring your children are cared for without delay or family disputes.

*Inheritance will not be managed by the Public Trustee unless:

1. The funds are below $50K.
2. Family members choose to go to the Public Trustee.

Scenario 3: Legally Married with a Stepchild

🤔 Problem

The ISA allocates half of the estate to the surviving spouse and the other half to the biological children. Stepchildren, unless legally adopted, receive nothing, which can lead to unintended disinheritance and family conflicts. 

✅ Solution

• Write a Will: Ensure it includes provisions for both your spouse and all children, adopted or biological.
• Consider Trusts: Protect your assets and specify how they should be distributed to avoid disputes.
• Family Dialogue: Clearly communicate your intentions to all family members to manage expectations and prevent misunderstandings.

Scenario 4: Married with a Child from a Previous Relationship

Assuming the wife has two children

• Child A (born out of wedlock before current marriage)
• Child B (born within current marriage)
• The current husband has not legally adopted Child A

🤔 Problem

If the wife passes away without a will, only legally recognised children—those born or adopted within the marriage—are entitled to inherit.  The estate will be divided between current husband and Child B only; Child A would be excluded from any inheritance.

Child A is unintentionally disinherited, despite possibly being emotionally and financially dependent on the mother. This may create resentment or disputes between siblings or with the surviving spouse.

✅ Solution

• Write a Will: Include specific provisions for Child A to ensure they receive a portion of the estate. Option to ring-fence assets for each child to avoid conflict.
• Use Trusts: Create a trust to manage funds if Child A is still a minor or requires long-term financial support.
• Insurance and CPF Nominations: These can be directed to support Child A explicitly.
• Legal Adoption: Consider whether the current husband adopting Child A could provide additional legal clarity and security.

Key Takeaways

The ISA often does not accommodate the complexity of modern family dynamics, such as children from previous relationships, especially those born out of wedlock and not legally adopted.

Proactively writing a will puts you in control, ensuring that all your loved ones are cared for as you intend.

It prevents legal disputes, reduces emotional stress among your survivors, and secures a fair and intended distribution of your assets.

Complement your will with other estate planning tools like trusts, CPF nominations, insurance, and an LPA to create a comprehensive plan that reflects your wishes and cares for all your loved ones.

By understanding and addressing these scenarios through careful estate planning, you can ensure that your family is protected and provided for in ways that the ISA alone does not guarantee.

Reference

1. Interstate Succession Act 1967

The views expressed in this media do not necessarily reflect the views of PFPFA Pte Ltd (“PFPFA”). The information provided herein is intended for general circulation and not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use will be contrary to local laws or regulation. You should also note that the information presented does not have regard to the specific investment objectives, financial situation or the particular needs of any specific individuals; and therefore, may not be appropriate to your individual needs. You should seek the advice of your financial adviser representative or a professional before making any commitment to purchase or invest in any investment product.

Estate planning services is provided by PFP Legacy Singapore, a sister company of PFPFA Pte Ltd. Estate planning and/or will-writing services are non-financial advisory services and thus are not regulated under the Financial Advisers Act.