When someone dies, their assets cannot simply be collected and distributed by the family. Somebody has to be given legal authority to deal with the estate, and in Singapore that authority comes from the Family Justice Courts.
Yeo Marini Law Corporation guides executors, administrators and beneficiaries through the whole process, from the first application to the final distribution. Our lawyers work in English and Mandarin, which matters when a family needs to discuss these things together.
Probate or letters of administration?
Which application you need depends on one question: did the deceased leave a valid will?
A Grant of Probate is applied for where there is a valid will that appoints an executor. The grant generally confirms the executor’s authority to administer the estate according to the will.
Letters of Administration are applied for where there is no will, or where the will did not effectively appoint an executor. An administrator is generally appointed, and the estate is distributed according to the Intestate Succession Act.
There is a third situation, Letters of Administration with Will Annexed, which arises where there is a valid will but no executor able or willing to act.
Who can apply
Where there is a will, the executor named in it applies.
Where there is no will, the right to apply follows an order of priority, generally beginning with the spouse, then the children, then the parents, then siblings, and so on. Beneficiaries with a prior right who are not applying will usually need to renounce or consent.
Where a beneficiary is a minor or lacks mental capacity, two administrators may be required. This catches many families by surprise and is worth checking early.
What the process involves
The main steps are as follows.
- Gathering the documents. The death certificate, the original will if there is one, and identification and relationship documents for the applicant and beneficiaries.
- Searching the caveat and probate records to check that no one else has filed a competing application or lodged a caveat.
- Filing the application in the Family Justice Courts, supported by a statement and the supporting affidavit.
- Preparing the Schedule of Assets. This sets out everything the deceased owned and owed at the date of death. We write to banks, insurers, CPF, CDP and SGX, HDB and other institutions to obtain the balances and valuations.
- Extraction of the grant once the court is satisfied and the Schedule of Assets has been filed.
- Administering and distributing the estate, which means calling in the assets, settling debts and liabilities, and distributing to the beneficiaries.
How long this takes depends heavily on how quickly third parties respond and whether the estate is straightforward. Estates involving overseas assets, business interests or missing beneficiaries take longer.
Assets that fall outside the estate
Not everything a person owned passes under the will or under the rules of intestacy. Common examples include:
- CPF monies, which pass under a CPF nomination rather than the will
- Insurance policies with a valid nomination or a trust under section 73 of the Conveyancing and Law of Property Act
- Property held as joint tenants, which passes to the surviving joint tenant by survivorship rather than through the estate
Understanding what falls in and what falls out is often the difference between a distribution that is correct and one that has to be unwound.
Dying without a will
Where there is no will, the Intestate Succession Act sets fixed shares. The outcome depends on which family members survive the deceased. A surviving spouse with children, for example, does not take the whole estate. Families are frequently surprised by the result, which is one reason we encourage clients to put a will in place.
Note that the Intestate Succession Act does not apply to the estates of Muslims, whose estates are distributed in accordance with Muslim law and where an inheritance certificate from the Syariah Court is required.
Contested estates
Not every estate is settled amicably. We also act in contentious probate matters, including:
- Challenges to the validity of a will, on grounds such as lack of testamentary capacity, want of knowledge and approval, undue influence or improper execution
- Disputes between co-executors or co-administrators
- Claims that an executor or administrator has failed to account or has breached their duties
- Applications to remove or substitute a personal representative
These matters are difficult because they involve both money and family. We aim to resolve them with as little conflict as possible, while protecting our client’s position.
Planning ahead
Most of the difficulty we see in estate administration could have been avoided with a properly drafted will. We assist with wills, trust deeds, and Lasting Powers of Attorney. Our lawyers are certificate issuers, so LPA applications can be handled in house.
Where a family member has already lost mental capacity without an LPA in place, a deputyship application may be necessary instead.
Common questions
What is the difference between probate and letters of administration?
A Grant of Probate is applied for where the deceased left a valid will appointing an executor. Letters of Administration are applied for where there is no will, or where the will did not effectively appoint an executor. In the latter case the estate is distributed according to the Intestate Succession Act.
What happens if someone dies without a will in Singapore?
The estate is distributed according to fixed shares set out in the Intestate Succession Act. The outcome depends on which family members survive the deceased. A surviving spouse with children, for example, does not receive the whole estate. The Act does not apply to the estates of Muslims, which are governed by Muslim law.
Do CPF monies pass under a will?
No. CPF monies pass under a CPF nomination, not under a will. Insurance policies with a valid nomination and property held as joint tenants also fall outside the estate.
What is a Schedule of Assets?
A Schedule of Assets sets out everything the deceased owned and owed as at the date of death. Preparing it involves writing to banks, insurers, CPF, CDP and SGX, HDB and other institutions to obtain balances and valuations. It must be filed before the grant is extracted.
Speaking to us
Nothing on this page is legal advice for your particular situation. If you have lost a family member and are not sure what to do next, you can contact us by telephone, email or WhatsApp. You may also wish to read about our other practice areas or meet our team.