The Estate Administration practice assists named executors and next-of-kin to apply for Grant of Probate, Grant of Letters of Administration or Memorandum of Resealing of Grant from the Commonwealth or other select foreign jurisdiction.
If a deceased person had assets within Singapore at the time of his/her demise, we are able to assist with applications for Grant of Probate, Grant of Letters of Administration or Memorandum of Resealing of Grant from the Commonwealth or other select foreign jurisdiction.
Our services will include providing legal advice, preparation of the required documentation for the application process and arranging for the translation of foreign language documents. Post-grant, we assist with calling in the assets of the deceased person.
FREQUENTLY ASKED QUESTIONS
ON ESTATE ADMINISTRATION
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.