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Q. I am a gay Singaporean guy who's single (not married to the opposite sex). Since I don't have a boyfriend, I think I should devote all my energies into owning and decorating my own home so that when I meet Mr Right, he can move in with me. What kind of property can I buy?

A. As a Singaporean citizen, you may purchase any form of private residential property, e.g., condominiums, private apartments, landed residential property, such as bungalows, terrace houses, semi-detached houses etc.

You may also purchase public housing flats from the Housing & Development Board ("HDB") provided you satisfy their eligibility criteria. There are basically 2 types of HDB flats : new and resale. Both types have slightly different eligibility conditions.

Purchase of HDB flats
Q. I don't have a sugar daddy and I can't afford to buy private property. The only thing I can possibly afford are HDB flats. Would I be eligible to buy a new flat from the HDB?

A. If you want to buy a new flat direct from the HDB, the basic eligibility conditions are as follows :-

(i) You must be a Singaporean Citizen above 21 years of age. You must include another Singaporean Citizen or Permanent Resident to form a family nucleus.

(ii) A family nucleus may be formed with :-
� Your spouse, and children (if any); or
� Your parents, and siblings (if any); or
� Your children under your legal custody (for widowed/ divorced); or
� Your fianc�/ fianc�e; or
� All your unmarried siblings if your parents are deceased.

(Note: "Spouse" means your married partner of the opposite sex as Singapore law provides that a marriage solemnised in Singapore or elsewhere between persons who, at the date of the marriage, are not respectively male and female shall be void)

There are also various schemes by the HDB such as the Fiance/Fiancee Scheme, Orphans Scheme and Citizen/SPR Siblings Scheme whereby you may purchase a new flat if the eligibility criteria are met.
Under the Orphans Scheme, 2 or more related/unrelated orphans may apply for a flat direct from the HDB.

Under the Citizen/SPR Siblings Scheme, siblings who are single Citizens/Singapore Permanent Residents but whose parents are non-citizens and are not residing in Singapore permanently may apply for a new flat from the HDB.

If you are an existing owner of a HDB flat or listed as an occupier, there are certain conditions to be met before you may apply for a new flat. These conditions may be found at the HDB's website at http://www.hdb.gov.sg

Q. Can I buy resale HDB flats?

A. Yes, you can provided the eligibility criteria are met. There are various schemes under the HDB for the purchase of resale flats:-

(i) Public Scheme
You must be a Singaporean Citizen or Permanent Resident and you must include at least one listed occupier who is a Singapore Permanent Resident/Singapore Citizen. You must form a proper family nucleus with one of the following:
� Your spouse and children, if any; or
� Your parents and siblings; or
� Your children under your legal custody, care and control. (for widowed, divorced or separated)

(ii) Single Singapore Citizen Scheme
You must be a Singaporean citizen and at least 35 years old. You must be a single person who is unmarried, divorced or widowed.
As of 15th September 2004, there are no restrictions on the type of flats you can buy. You can buy a resale flat of any type in any town/estate.

(iii) Joint Singles Scheme
Two persons can purchase a resale flat jointly as co-applications under this scheme. Both persons must be Singapore citizens and at least 35 years old. Both must be single persons (unmarried, divorced or widowed)

(iv)Citizen/SPR Siblings Scheme
You must be a Singapore Citizen or Singapore Permanent Resident (SPR). You must include at least one other sibling who is a Singapore Citizen/Permanent Resident.

Both of you must be at least 21 years old. Your application must comprise of yourself (single) and one other sibling (single). Your parents must not be Singapore Citizens and they must not be residing in Singapore.

You may also apply for a housing grant under the CPF Housing Grant Scheme. The grant is basically a housing subsidy in the purchase a resale HDB flat. There are various criteria which will have to be fulfilled and certain terms and conditions attached to it. More information relating to the CPF Housing Grant may be found on the HDB's website at www.hdb.gov.sg.

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Q. So, what sort of HDB flat can I buy in my own name if I'm a single gay man/woman?

A. I presume you mean single as in not married to the opposite sex. You will be able to purchase any type of resale flat from the open market in any town/estate under the Single Singapore Citizen Scheme provided you are a Singaporean citizen and at least 35 years old.

Q. I want to buy a HDB flat with my partner who is of the same sex. Can I do so?

A. Both of you may purchase any type of resale flat under the Joint Singles Scheme provided you satisfy the conditions i.e., both are unmarried Singapore citizens and at least 35 years old.

Q. I am a Singaporean Permanent Resident. Can I buy a HDB flat solely in my own name or together with another single person who is not related to me?

A. As a non-Singapore citizen, you are not eligible to buy a HDB flat solely in your own name. You also cannot buy a HDB flat with another single person who is not related to you. However, you may apply for a new or resale HDB flat with your sibling under the Citizen/SPR Siblings Scheme if you satisfy the other eligibility conditions.

Q. Now that I've decided on buying a HDB flat, what sort of financing can I hope to get?

A. Since 1st Jan 2003, HDB no longer grants market rate loans. However, the HDB provides concessionary interest rate mortgage loans for Singapore Citizen first-time flat buyers and second-time buyers who are upgrading from smaller flats. The concessionary interest rate is pegged at 0.1% point above the CPF Ordinary Account interest rate. The concessionary interest rate is revised quarterly, in January, April, July and October each year, in line with the revision in the CPF interest rate.

Flat buyers who are not eligible for HDB's concessionary rate loans can obtain market rate loans from licensed banks in Singapore. The housing loans market is very competitive as banks offer many choices. Flat buyers should shop around for the best deal. Many loan packages include a legal subsidy which means that the bank will pay for part or most of your legal costs subject to terms and conditions.

Q. Can I use my CPF monies to pay the mortgage loan instalments and other expenses relating to the purchase of the HDB flat?

A. When buying a new HDB flat, all the savings in the CPF Ordinary Account may be used to pay the 20% deposit as well as the balance of the buying price. For a resale flat, CPF savings may be used to pay either the purchase price or its market value as determined by a valuer appointed by the Housing Board, whichever is lower.

If a housing loan is taken out, future monthly contributions may be used to pay the instalments. The savings can also pay for stamp duty and legal fees incurred in the purchase.

Family co-owners may pool their CPF savings to buy the flat. Joint singles who purchase flats under the HDB's Joint Singles Scheme may also use their CPF savings to buy the flat.

Q. Can I own more than 1 HDB flat at the same time?
A. No, you may only be the owner of one (1) HDB flat at any time. Upon the purchase of a new/resale flat, you must sell your existing flat.

Q. I own a condominium. Can I apply for a HDB flat now?

A. You may not apply for a new HDB flat unless 30 months has passed after you dispose of your private property.

You may buy a resale HDB flat if you own private property. However, you must stay in the resale HDB flat. You will also not be allowed to apply for the CPF Housing Grant Scheme if you own private property.

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Purchase of Private Residential Properties
Q. Are there any restrictions on what kind of private residential properties I can buy?

A. As a Singaporean citizen, you may purchase any form of private residential property, e.g., condominiums, private apartments, landed residential property, such as bungalows, terrace houses, semi-detached houses etc. Provided of course, that you are not an undischarged bankrupt.

If you are not a Singapore Citizen i.e., a Singapore Permanent Resident, Employment Pass holder etc, there are restrictions on the purchase of property. A foreign person must seek approval from the Land Dealings (Approval) Unit of the Singapore Land Authority before you can purchase vacant land, landed properties such as bungalows, semi-detached and terrace houses and flats in buildings of less than 6 levels.

A foreign person can acquire the following private properties without having to apply for approval from the Land Dealings (Approval) Unit:-
(a) a flat in a building of 6 or more levels;
(b) an unit in an approved condominium development or project;
(c) an Executive Condominium.

Q. How do I finance the purchase of a private property?

A. You will have to obtain market rate loans from licensed banks in Singapore if you are unable to finance the purchase yourself. The housing loans market is very competitive as banks offer many choices. Property buyers should shop around for the best deal. Many loan packages include a legal subsidy which means that the bank will pay for part or most of your legal costs subject to certain terms and conditions.

Q. Can I use my CPF monies to pay for the downpayment and mortgage instalments?

A. Under the Residential Properties Scheme, you may use your CPF monies to pay for the purchase of freehold property or leaseholds with a remaining lease of at least 60 years. You must also not be an undischarged bankrupt.

If you bought your property on or after 1st September 2002, you will be allowed to use your CPF funds to pay the second downpayment of 10% at the time you sign the Sale and Purchase Agreement. You will have to pay the first 10% of the downpayment in cash. You may then use your CPF Funds to pay for the monthly mortgage instalments. You may also use your CPF Funds to pay the legal costs and stamp fees in the purchase.
You will be allowed to use the monies in your CPF Ordinary Account to purchase a property and service the monthly mortgage instalments up to 100% of the Valuation Limit (the lower of the purchase price or the value of the property at the time of purchase). You may also use your CPF funds to pay the legal costs and stamp fees in the purchase. If your mortgage is still outstanding when the amount of CPF withdrawn reaches 100% of the Valuation Limit, you will be allowed to use more of your CPF subject to limits set by the CPF Board. This is calculated by a formula and in accordance to the date you buy the property. More information on these limits may be found at the CPF Board's website at www.cpf.gov.sg.

You may use your CPF monies to buy more than 1 property.

Q. I am a gay man and I wish to buy a piece of private property jointly with my male partner. Can we use our CPF Funds in the purchase of the property?

A. No, you cannot use your CPF Funds to buy the property and service the mortgage loan if you intend to buy the property in your joint names. Only joint owners who are immediate family members (i.e., spouse, children, siblings and grand-parents) may utilise their CPF monies in the purchase of a property.

Even if only one joint owner wishes to utilise his CPF funds, the other joint owner(s) must still be an immediate family member before the CPF Board will allow a member's CPF monies to be used in the purchase.

Q. I own a HDB flat. Can I buy private property as well?

A. Yes, you may subject to certain conditions. If you bought a new flat direct from the HDB or a resale flat with a CPF Housing Grant, you will not be allowed to buy private property until you have fulfilled the requisite occupation period i.e., 5 years from the date of possession of the HDB flat to the date of the Option or Sale and Purchase Agreement for the private property, whichever is earlier. You must continue to stay in the HDB flat after that.

If you bought a resale HDB flat from the open market without taking the CPF Housing Grant, you may buy private property without having to fulfil any occupation period. You must also continue to stay in the HDB flat.
If there is a breach of any of the HDB rules in relation to this issue, the HDB may impose a penalty or compulsorily acquire the flat.

Q. I wish to buy private property with my partner and I wish to use my CPF funds as I can't afford it otherwise. My partner will also contribute financially to the purchase. Can I buy the property in my sole name, use my CPF monies and create a trust in favour of my partner so that he has a share in the property as well?

A. No, you may not use your CPF monies to purchase the property. If you do so, you will be guilty of a criminal offence and may be liable to penal sanctions by the authorities. Only joint owners who are immediate family members (i.e., spouse, children, siblings and grand-parents) may utilise their CPF monies in the purchase of a property.

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Wills and Succession
Q. I own a HDB flat/private property in my sole name. How do I ensure that my HDB flat/private property goes to my partner upon my death?

A. You should make a will stating who the beneficiaries to your estate will be after your death. Basically, the will sets out who inherits your existing assets and only comes into operation upon your death. You should also appoint someone you trust as the executor of your estate. His job is to take out the necessary legal proceedings and do all the administrative work in distributing your assets to your beneficiaries upon your death. You may also appoint a beneficiary as your executor.

If you state in your will that your partner is to inherit your HDB flat upon your death, the HDB flat will be transferred to your partner by your executor subject to your beneficiary being eligible to hold the flat under the prevailing HDB rules. If your partner is not eligible to hold the flat, the flat will have to be sold and the sale proceeds distributed to your partner.

Q. Do I need to see a lawyer to draft a will?

A. No. Anyone can draft a will. However, there are certain legal formalities and requirements that have to be complied with. You should be careful that all the legal requirements are complied with. For example, you must execute the will in the presence of 2 witnesses who are not beneficiaries or spouses of the beneficiaries. There are further legal requirements depending on the facts and situation. Hence, it may be better if you went to a lawyer to get your will drafted up.

Q. Can I bequeath any type of asset to my beneficiaries under a will?

A. You may dispose of any type of asset under a will except for monies in your CPF accounts where you will have to separate nomination with the CPF Board in relation to the CPF funds. If you have the Economic Restructuring Shares, you may nominate your beneficiaries on the ERS Acceptance Form.

Q. I am married to a man and I have 2 children. I have separated from them and I'm now living with my lesbian lover. Can I will all my assets to her?

A. Yes, you can state in your will that all your assets will go to your lover. However, the law provides that your dependants (spouse, unmarried daughter or daughter incapable of maintaining herself, infant son - under the age of 21 or son incapable of maintaining himself) may apply to Court for reasonable provision for maintenance of your dependants upon your death if your will does not do so.

Q. Once I make a will, can I revoke or change it?

A. Yes, you can revoke or change the contents of a will at any time. You can revoke a will by destroying it. You can also change your will by making a new will. A will made subsequently will revoke an older will.

Q. What happens if I die without a Will? What happens to my assets?

A. If you die without leaving a Will, you are said to die intestate. Your property and assets will be distributed according to the rules of intestacy. The rules set out the beneficiaries of the estate, the proportion in which the they will inherit and the order of priority that a person has or the next-of-kin have to administer the estate of the deceased.

Briefly, the rules of distribution as are follows:-

(i) If the deceased leaves a surviving spouse with no children and no parents, the surviving spouse is entitled to the entire estate;

(ii) If there is a surviving spouse and children, the spouse gets half the estate and the other half goes to the children in equal shares;

(iii) If there is a surviving spouse and parents but no children, half of the estate will go to the surviving spouse and the other half will go to the parents in equal shares;

(iv) If there is no surviving spouse or parents, the estate will go to the surviving parents in equal shares;

(v) If there are no surviving parents, spouse or children, the estate will go to the deceased's siblings and the children of any dead siblings in equal shares;

(vi) If there are no surviving spouse, children, parents, siblings or children of such siblings, the estate shall go the grandparents in equal shares. If there are no surviving grandparents, then the uncles and aunts will take the estate in equal shares;

(vii) In default of the above distribution rules, the Government shall be entitled to the estate.

Hence, it is important to have a Will if you want to provide for your loved ones who are not your next-of-kin.

Thomas Ng is a practising lawyer in Singapore. He is active in diverse areas of practice including civil, commercial and criminal litigation, corporate matters, family and matrimonial disputes, wills and succession issues. Do you have a legal question that you would like discussed? Please send editor@fridae.com an email. Although you will not receive a personal reply, your question may be addressed and published as part of this column. The material provided is not intended to be a substitute for obtaining legal advice from a professional in the relevant jurisdiction. You should not act upon any suggestion given in this column without seeking professional counsel.