When a loved one dies, their assets should to be transferred and distributed according to the law as soon as possible. This is out of respect of the deceased and to be fair to the beneficiaries.
The first thing to do is to confirm if the deceased made a valid Will. A Will is a document that a person makes to appoint an executor and also names beneficiaries. An executor is a person responsible to manage and distribute the assets to the beneficiaries. The beneficiaries are the persons under the Will who are entitled under the Will to receive a share of the deceased’s assets. If a person did not make a Will, then the deceased’s assets should be distributed according to the rules of intestacy under the Intestate Succession Act.
The family members should check if the deceased made a Will and look the latest signed original Will.
After the funeral, it is common for the executor to bring the Will to the lawyer. If there is no Will, a family member usually brings the Death Certificate to the lawyer with documents e.g. marriage certificate, birth certificates of children etc, bank books, etc.
The lawyer’s role is to help the executor (where there is a Will) or the family member (where there is no Will) apply to Court. The purpose of the application is to get the executor or family member legally appointed by the Court to be the official personal representative of the deceased. The Court document that appoints them is called the “Grant of Probate” (where there is a Will) or a “Grant of Letter of Administration” (where there is no Will).
The term “Probate” is the generic term that refer to the Court process to get either Grant of Probate or a Grant of Letter of Administration.
If the deceased had debts, the family should try to pay them otherwise the Court may not allow Probate to be granted if the creditor objects.
Why a grant of probate is needed
The document issued by the Court that authorises the Executor and is known as the Grant of Probate if there is a Will, or a Grant of Letter of Administration if there is no will.
Without the Grant of Probate or a Grant of Letter of Administration, the executor appointed under a Will or a family member would generally be unable to transfer, sell or deal with the assets.
Once Probate is obtained, the executor or family member (now known as the administrator where is no Will) will be able to transfer assets (flat, shares, car, club membership etc) or to close bank accounts, collect insurance payments etc.
Banks, insurance companies, Singapore Land Authority (“SLA”), Housing Development Board (“HDB”), Singapore Exchange (“SGX”)/ Central Depository, Land Transport Authority (“LTA”), as well as other financial and property related entities, require the executor or administrator to be authorised by the Court and be given a copy of Grant of Probate or a Grant of Letter of Administration before they will permit the transfers of assets.
How to start the Probate process
An application to the High Court must be made when the value of the deceased’s assets exceeds $3 million or in the case of a resealing, otherwise an application can be made in the State Court where the deceased’s assets value is below $3 million. Depending on the type of assets, the value of the assets can be easily ascertained and if there are beneficiaries below the age of 21, the process can be a short as 3 – 6 months and or longer and it costs from $3,000.00 to $4,000.00 upwards.
The process involves full disclosure to the Court about the following:
- The personal particulars of the deceased, the next-of-kin and beneficiaries;
- The list of assets of the deceased (including overseas assets) and the dollar value at the date of death (aka Schedule of Assets);
- Applying to Court for dispensation of sureties (for Grant Letters Of Administration);
- Signing an Administration Bond for the Court (for Grant Letters Of Administration); and
- Extracting the Grant of Probate/Grant Letters Of Administration.
To start, the Executor or Administrator should see a lawyer and bring along the following (as far as possible):
| Application | Documents/information required |
|---|---|
| Grant of Probate (where there is a will) | 1. Original death certificate; 2. Original will, if any; 3. Identity cards of executor and beneficiaries; 4. Marriage certificates, birth certificates; 5. List (and value as of date of death) of assets in Singapore and overseas with supporting documents e.g. bank statement, insurance policy, share certificates etc; 6. Foreign Grant for resealing, with certified true copies and translations; 7. Inheritance Certificate from Syariah Court for Muslims. |
| Grant of Letter of Administration (where there is no will) | 1. Original death certificate; 2. Identity cards administrator and beneficiaries; 3. Marriage certificates, birth certificates; 4. List (and value as of date of death) of assets in Singapore and overseas with supporting documents e.g. bank statement, insurance policy, share certificates etc; 5. Foreign Grant for resealing, with certified true copies and translations; 6. Inheritance Certificate from Syariah Court for Muslims. |
Where there is no will, the family first needs to agree who will be the Administrator(s). Once the family has decided the Court requires the other family members to renounce their right to apply to Court as Administrator by signing a Court document we will prepare known as a Renunciation [this does not affect the family member(s) entitlement under law to their respective share of the assets of the estate]. Where there are beneficiaries under 21 years of age the Court requires a co-administrator and sureties to safeguard their interest.
There is no doubt that doing a Will is important. Besides the time and cost savings, a will is a great way to love your family with the last thing they read from you.
Get legal help for drafting a will or starting the Probate process
If you would like legal advice on wills or on any other matter related to wills, probates and trusts, you can book a Quick Consult with Lim Fung Peen. When you get an AsiaLawNetwork Quick Consult, Fung Peen will call you back within 1-2 days for a transparent, flat fee starting at S$49 to answer your questions and give you practical legal guidance and advice.
This article is written by Lim Fung Peen who is a lawyer from Yuen Law LLC.
This article does not constitute legal advice or a legal opinion on any matter discussed and, accordingly, it should not be relied upon. It should not be regarded as a comprehensive statement of the law and practice in this area. If you require any advice or information, please speak to practicing lawyer in your jurisdiction. No individual who is a member, partner, shareholder or consultant of, in or to any constituent part of Interstellar Group Pte. Ltd. accepts or assumes responsibility, or has any liability, to any person in respect of this article.