1. What is notarisation?
2. How much will it cost to notarise my document?
3. What payment options are available?
4. How long will it take to notarise my document?
5. What is consularisation/legalisation?
When documents are to be used outside of Singapore, the laws of the receiving country may require that the document be notarised and legalised or apostilled. Singapore is not a contracting state to the Hague Convention of 5th October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents. Legalisation is the equivalent process to apostillation.
6. What is an apostille and what is apostillation?
7. How much does consularisation/legalisation cost?
8. How long will consularisation/legalisation take?
9. What should I bring?
- Documents that need notarisation or legalisation;
- Evidence of identity – i.e. valid identity card or passport; and
- Original documents for certification of true copies.
Please also advise us of any specific signing instructions or legalisation requirements prior to your appointment.
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10. Can I walk-in?
11. My document is not in English – can I still get it notarised?
12. Do you provide notarised translations?
1. What happens when the deceased passes away leaving a Will?
The executor is required to apply for a Grant of Probate at the Family Justice Courts. The Grant will recognise the appointment of the executor to manage the distribution of the deceased’s assets.
2. What happens when the deceased passes away without leaving a Will?
A next-of-kin is defined by the Intestate Succession Act (Cap. 146), in descending order of priority, as:
- The spouse;
- The children of the deceased;
- The parents;
- Brothers and sisters;
- Nephews and nieces;
- Grandparents; and
- Uncles and aunts.
The Grant will recognise the appointment of the next-of-kin as the administrator to manage the distribution of the deceased’s assets.
The Probate and Administration Act (Cap. 251) allows for the appointment of a maximum of four administrators.
Where a next-of-kin declines to be appointed as an administrator in favour of another with equal or lesser right, the declining next-of-kin must renounce his right by way of filing a Renunciation.
Bankrupts and infants cannot be appointed as administrators. At least 2 administrators must be appointed if one or more beneficiaries of the estate is below the age of 21.
3. Who are the beneficiaries of the deceased’s estate?
4. Is it necessary for an executor or next-of-kin to apply for Grant of Probate or Letters of Administration every time someone dies?
5. What are the requirements for an application for Grant of Probate or Letters of Administration?
- Deceased’s Death Certificate/Certificate of Extract from Register of Death,
- Deceased’s Will,
- Identity documents of executors or administrators, and beneficiaries
- Information/documents showing the assets and liabilities of the deceased’s estate as at the date of death.
Where the deceased is a foreign domiciliary or foreign national, the documents required are likely to include a legal opinion confirming the succession rights of beneficiaries under the law of the domicile or nationality of the deceased.
6. What happens when a foreign national dies overseas, leaving assets in Singapore?
If the deceased was a citizen of a Commonwealth or other select jurisdiction, and the deceased’s executor or administrator has already obtained a Grant of Probate or Letters of Administration in the deceased’s country, then the executor or administrator may alternatively make an application for Memorandum of Resealing of the original Grant in Singapore.
7. When should the Grant of Probate or Letters of Administration be made?
8. What is the estimated time taken for the application process for a Grant?
9. What are the duties of an executor or administrator?
- Pay or (reimburse) funeral, testamentary and administration expenses;
- Pay off debts and liabilities, including taxes, to creditors of the deceased; and lastly to
Distribute the remainder of the estate to the beneficiaries.
10. What happens when an executor delays or refuses to apply for Grant of Probate?
Where it appears that the executor is declining to exercise his right, the next-of-kin may then apply to the Court to be appointed as an administrator.
11. What happens when the executor or administrator fails or refuses to collect and/or distribute the assets?
12. Is estate duty payable when a deceased dies with assets in Singapore?
For further enquiries concerning applications for Grant of Probate or Letters of Administration, or Memorandum of Resealing, please contact us at: +65 6224 6106 or +65 9362 4363, or email: firstname.lastname@example.org.
Lasting Power of Attorney
1. What is a Lasting Power of Attorney (“LPA”)?
Loss of mental capacity must be diagnosed by a doctor or psychiatrist and supported with a medical report.
2. What are the requirements for a Donor and Donee to an LPA?
- Be at least 21 years of age; and
- Have mental capacity.
Additionally, both Donor and Donee must not be undischarged bankrupts if the Donor intends to assign power to the Donee to administrate his finances and assets.
The Donor should endeavour to make his LPA as soon as possible, while he has mental capacity. The Donor can choose to make his LPA in Form 1 or Form 2. Form 1 presents a simplified format, whereby the Donor can select the conditions and restrictions from a list of standard options. Form 2 presents free text spaces whereby the Donor must list his preferred conditions and restrictions. Form 2 must be drafted by a lawyer.
3. What are the powers and responsibilities of a Donee?
- Personal welfare – the Donee can decide where the Donor should live; determine what sort of social activities the Donor can engage in; and determine the medical treatments that the Donor can receive.
- Property and Affairs – the Donee can manage the Donor’s finances and assets.
The Donee must always make decisions that are in the best interest of the Donor. He must consider the Donor’s personal preferences, beliefs, interests and values. The Donee must strive to maintain the Donor’s personal freedom and liberty, and preserve the Donor’s finances and assets.
4. What are the requirements for a valid LPA?
|Status of Applicant||LPA Form 1 (incl. GST)||LPA Form 2 (incl. GST)|
|Singapore Citizens||Waived until 31 Aug 2020||S$200/-|
|Singapore Permanent Residents||S$100/-||S$250/-|
Source: Table taken from Office of the Public Guardian
5. What is the estimated time taken for the Office of the Public Guardian to approve the registration of an LPA?
6. Can an LPA be revoked? If so, what are the requirements for revocation of an LPA?
- The Donor;
- An independent witness to the Donor’s signature; and
- The Donee.
Thereafter, the Revocation Form and the original LPA must be presented to the Office of the Public Guardian with the payment of the cancellation fee of S$25/-.
For further enquiries concerning applications for Lasting Power of Attorney, please contact us at: +65 6224 6106 or +65 9362 4363, or email: email@example.com.
Mental Capacity Applications
1. When is it necessary to appoint a Deputy under the Mental Capacity Act (Cap. 177A)?
2. What are the requirements for an application to be a Deputy?
In order to be appointed as a Deputy, the applicant must have the following attributes:
- Be at least 21 years of age; and
- Have mental capacity
An undischarged bankrupt is unlikely to be appointed by the Family Justice Court to administrate the Donor’s finances and assets.
3. What is the estimated time taken for the application to appoint a Deputy
4. What are the powers and responsibilities of a Deputy?
- Personal welfare – the Deputy can decide where the Donor should live; determine what sort of social activities the Donor can engage in; and determine the medical treatments that the Donor can receive.
- Property and Affairs – the Deputy can manage the Donor’s finances and assets.
The Deputy must always make decisions that are in the best interest of the Donor. He must consider the Donor’s personal preferences, beliefs, interests and values. The Deputy must strive to maintain the Donor’s personal freedom and liberty, and preserve the Donor’s finances and assets.
For further enquiries concerning Mental Capacity Act applications, please contact us at: +65 6224 6106 or +65 9362 4363, or email: firstname.lastname@example.org.