Co-Habitation and Intestate Succession: The Legal Implications

By Nancy Thio and Boo Kok Chuon

In recent years, co-habitation has emerged as an increasingly common relationship pattern, as individuals and couples move away from traditional norms of officially registered marriages. The recent revelation by Singaporean singer Kit Chan about her purported “marriage,” which was ceremonial but not officially registered, has sparked renewed discussions about modern relationship trends. As this marriage was never legally recognized, Kit Chan was not technically “divorced” when the relationship ended. This highlights a growing trend of couples opting for informal or symbolic unions that, while offering personal flexibility, lack the legal standing of formal marriages. Such arrangements may seem appealing, but they can lead to significant complications, particularly in matters of inheritance under the Intestate Succession Act (ISA).

In AAG v Estate of AAH, deceased [2010] 1 SLR 769, the Singapore High Court dealt with whether a partner in a non-legally registered relationship had any claim over the deceased partner’s estate under the ISA. The court held that the surviving partner had no legal standing to claim a share of the estate, as the relationship was not recognized as a marriage under the law. This case illustrates the critical importance of formalizing relationships or drafting a will to protect the rights of surviving partners in non-marital unions.

In a related case, Lim Weipin and another v Lim Boh Chuan and others [2010] 3 SLR 423, the court examined whether an illegitimate child could inherit under intestacy laws. The claim was dismissed as the claimant failed to prove both biological parentage and legitimacy. This case highlights that illegitimate children are not entitled to inherit unless legitimized through subsequent marriage of their parents or explicitly included in a valid will. These cases underscore the potential pitfalls of informal unions and the need for careful estate planning, particularly when it comes to succession and inheritance laws.

The Lack of an Officially Registered Marriage

Co-habitation is often chosen for its simplicity and lack of formal legal obligations. However, without an officially registered marriage, couples do not enjoy the same legal protections and benefits accorded to married individuals. Unlike a marriage, which creates legal recognition of the spousal relationship, co-habitation remains a private arrangement with no formal acknowledgment under the law.

While this may suit some couples during their relationship, it presents challenges in situations involving death, property division, or family disputes. Notably, intestacy laws in Singapore do not recognize co-habiting partners as legal heirs.

Implications of Co-Habitation Under the Intestate Succession Act

The ISA governs the distribution of a deceased person’s estate in the absence of a will. Under the ISA, only legally recognized family members—such as spouses, children, parents, and siblings—are entitled to inherit. Co-habiting partners, regardless of the length or seriousness of their relationship, are not recognized as beneficiaries.

For instance:

• If one co-habiting partner passes away without a will, the surviving partner has no legal claim to the deceased’s estate.
• The estate will instead pass to the deceased’s next-of-kin under the ISA’s prescribed rules, potentially excluding the surviving partner entirely.
• This lack of recognition can create emotional and financial challenges for the surviving partner, especially if they have been financially dependent on the deceased.

Children’s Rights to Inheritance in Co-Habiting Relationships

If co-habiting partners have children, the inheritance rights of the children depend on their legitimacy. Under the ISA:

1. Illegitimate Children’s Entitlement to the Mother’s Estate:
   • Illegitimate children are entitled to inherit from their biological mother’s estate under the ISA, even if the mother was not married.
   • The law specifies that if an illegitimate child’s biological mother dies intestate and leaves no legitimate children, the illegitimate child (or their issue) is entitled to inherit the mother’s estate as if they were born legitimate.
2. Illegitimate Children’s Entitlement to the Father’s Estate:
   • Illegitimate children are not automatically entitled to inherit from their biological father’s estate under the ISA unless paternity is legally established. This could be done through acknowledgment by the father or legal proceedings.
   • Even if paternity is established, illegitimate children may still face difficulties claiming inheritance if the father has other legitimate heirs.
3. Mother’s Entitlement to Illegitimate Child’s Estate:
   • If an illegitimate child dies intestate and is not a legitimated person, their biological mother is entitled to inherit from their estate as if the child had been born legitimate, provided she is the only surviving parent.
4. Complications in Disputes:
   • Without a will, illegitimate children may face challenges asserting their inheritance rights, especially in the presence of legitimate heirs or other next-of-kin.

Importance of Estate Planning for Co-Habiting Couples with Children

Given the legal complexities surrounding inheritance rights for illegitimate children, parents should consider drafting a will to explicitly include their child as a beneficiary. Alternatively, legitimizing the child through marriage to the other biological parent can confer full inheritance rights under Section 5 of the Legitimacy Act, ensuring the child is entitled to a fair share of the estate. For co-habiting couples with children, it is critical to take proactive steps to ensure their children’s financial security and inheritance rights:

1. Drafting a Will:
   • A will can explicitly provide for children, including illegitimate ones, ensuring they receive their rightful share of the estate.
2. Establishing Legal Paternity:
   • Fathers in co-habiting relationships should formally acknowledge their children to strengthen their legal claims to inheritance.
3. Setting Up Trusts:
   • Trusts can be used to safeguard assets for children, particularly if disputes among heirs are anticipated.

Additional Considerations

The lack of legal protection for co-habiting partners extends beyond inheritance. Without a registered marriage, co-habiting couples may also face challenges in:

• Decision-making rights: A co-habiting partner may not have legal standing to make medical or end-of-life decisions on behalf of their partner.
• Property rights: Shared assets may be difficult to claim without formal documentation or co-ownership agreements.

Proactive Steps for Co-Habiting Couples

While the ISA’s limitations may seem restrictive, co-habiting couples can take proactive measures to safeguard their rights and interests:

1. Draft a Will: The most effective way to ensure that your partner inherits your assets is to draft a valid will specifying them as a beneficiary. Without a will, the default intestacy laws apply, which do not include co-habiting partners.
2. Consider Joint Ownership: For significant assets such as property, co-habiting partners can consider joint ownership structures like joint tenancy, where the surviving partner automatically inherits the deceased’s share.
3. Set Up a Trust: Establishing a trust allows you to transfer assets to your partner or other beneficiaries while retaining control over how and when the assets are distributed.
4. Consult a Lawyer: Legal advice can help you navigate the complexities of co-habitation, inheritance, and estate planning to protect both partners and children.

Conclusion

While co-habitation reflects evolving relationship patterns, the lack of legal recognition under Singapore law underscores the importance of proactive planning. As highlighted by public figures like Kit Chan, modern relationships often transcend traditional boundaries, but the legal framework has yet to fully adapt to these changes. At Omnia Law Chambers LLC, we understand the unique challenges faced by co-habiting couples and are here to provide tailored advice on estate planning, co-ownership, and other legal solutions to secure your future.

If you are in a co-habiting relationship, do not leave your rights to chance. Contact us today to ensure your loved ones are protected, no matter what the future holds.