Probate And Administration Act Singapore
Ii the death occurred on or after 15 february 2008.
Probate and administration act singapore. 1 where any property not exceeding 25 000 in value is held by the public trustee whether by virtue of a grant of letters of administration to him or by virtue of the powers conferred on him by this act and the property is held by him upon trust for any person for any interest whatsoever whether vested or contingent then subject to any prior interest or charges affecting that property the public trustee may in his sole discretion during the minority of any such person in respect. This act may be cited as the probate and administration act. Probate and administration is the legal process of appointing the executor or administrator for the deceased s estate. For non muslims in singapore the relevant laws are probate and administration act and the intestate succession act isa.
For muslim in singapore they are governed by the administration of muslim law act and syariah law. Act 27 of 2014 wef 01 01 2015 deleted by act 27 of 2014 wef 01 01 2015 letters of administration means a grant under the seal of the. Through the probate or letters of administration process for straightforward cases where i the deceased was domiciled in singapore i e. More information on such person s can be found in the probate and administration act.
It may be advisable to seek the assistance of an experienced probate lawyer in singapore in applying for the grant of probate given the amount of paperwork and process involved. The majority of probate applications for wills are non contentious. The deceased was resident in singapore and had intended for singapore to be his or her permanent home. Since the deceased died intestate distribution of the deceased s estate shall comply with the relevant laws.
These letters of administration serve as a court order authorising a person to be appointed as the administrator to administer the estate and distribute the assets in accordance to singapore s laws. The named executor may renounce orally at the probate hearing or by way of writing by way of an affidavit. The administration process is primarily directed by the probate and administration act and the intestate succession act. If it is foreseeable that the probate application will be contentious seeking legal advice from a lawyer is highly recommended.
The ways to do so are described under section 3 of the probate and administration act. If the deceased died domicile in a country which is not a commonwealth country then a fresh application for grant of probate letters of administration will have to be made to the singapore courts. However additional documents may be required by the court such as an affidavit of foreign law prepared by a foreign lawyer explaining the laws of succession of that particular country. The fourth edition of probate and administration law in singapore and malaysia brings to the lawyer and informed layperson an update of the law on wills probate practice succession and estate duty since the publication of the previous edition in 2012.
However as the application involves a large number of documents it is preferable to seek the assistance of a lawyer.