Welcome back to the last installment of our four-part series! 

In this section, we will share more about applying for the Resealing of a Foreign Grant, helping you understand what it is and how it works. 

In Singapore, Foreign Grants issued by Commonwealth Countries and Hong Kong may be resealed by the Family Division of the High Court.

Essentially, this means that the Foreign Grant is recognised and given legal recognition by the Singapore Courts.

Upon resealing, the powers provided for in the Foreign Grant may be carried out in Singapore, with no alteration to its terms, as if it were a grant issued in Singapore.

Documents Required for the Application

When applying for a resealing of foreign grant, it is important to note that only Foreign Grants of Probate / Letters of Administration issued by Commonwealth Countries and/or Hong Kong are eligible for the resealing process.

For other countries, a fresh Grant of Probate or Letters of Administration application is required.

The Executors / administrators must file several documents through the Singapore Court’s eLitigation system:

• Originating Summons
• Statement
• Court Certified True Copy of Will or Original Will
• Original Death Certificate or Electronically verifiable Death
• Certificate
• Schedule of Assets
• Supporting Affidavit
• Administration Oath
• Administration Bond (if directed)
• Summons for Dispensation of Sureties (if sureties are required but not found)
• Consent of Dispensation of Sureties (if sureties are required but not found)
• Affidavit of Foreign Law (if directed)

Timeframe for Obtaining the Resealed Foreign Grant

The process typically takes at least 3 months from the time of application. However, this timeline can vary depending on the complexity of the case and the completeness of submitted documents.

On approval, the Singapore Courts will issue a Memorandum of Resealing and Notice of Resealing of Grant.

Why the Resealing Process is Important

The Resealing process ensures that the executor / administrator can legally manage the estate as approved in accordance with the Foreign Grant. Without it, financial institutions and other asset holders will not release the deceased’s assets. Additionally, the Resealed Grant of Foreign Probate serves to protect the executor and/or administrator from future legal challenges concerning the administration of the estate.

Distribution of Assets

Distribution of assets depends on whether the original foreign grant was a grant of probate or a letters of administration process:

• If the process was a grant of probate process, assets are distributed in accordance with the Will
• If the process was a letters of administration process, assets are distributed in accordance with the laws of the country of domicile. An affidavit of foreign law may be required to determine the distribution requirements.

Common Challenges in the Resealing of Foreign Grant Process

Executors / Administrators may face challenges, such as when there are:

• Missing documents which are foreign documents.
• Translation of foreign language documents to English.
• Production of an original or certified document requested by the Probate Registry
• Disputes among beneficiaries about the distribution of assets.
• The need for an administration bond or sureties when required by the court, which can delay the process if not promptly addressed.
• Providing an Affidavit of Foreign Law.

Common Challenges in the Resealing of Foreign Grant Process

Executors / Administrators may face challenges, such as when there are:

• Missing documents which are foreign documents.
• Translation of foreign language documents to English.
• Production of an original or certified document requested by the Probate Registry
• Disputes among beneficiaries about the distribution of assets.
• The need for an administration bond or sureties when required by the court, which can delay the process if not promptly addressed.
• Providing an Affidavit of Foreign Law.

Obtaining a Resealed Foreign Grant of Probate is a crucial step in managing a deceased person’s assets. Though it may seem daunting, having the right information and documentation can streamline the process.

Our experienced legal professionals regularly handle resealing applications and are here to guide you through every step and concern. Reach out to us if you are involved in the process or need more information on how to navigate it.

Disclaimer: The content of this article does not constitute legal advice and should not be relied on as such. Specific legal advice should be sought for your circumstances.

Welcome back to the third installment of our four-part series!

In this section, we will share more about applying for Letters of Administration, helping you understand what it is and how it works.

In Singapore, when someone passes on and does not have a will, the next-of-kin may apply for a Letters of Administration from the Singapore courts in accordance with Section 18 of the Probate and Administration Act. This legal document gives the administrator the authority to manage the deceased’s estate, pay off any debts, and distribute the assets as outlined under the Intestate Succession Act 1967.

Which Court Handles the Application?

The application process depends on the value of the deceased’s estate:

• Estates valued up to SGD 5 million are heard by the Family Courts.
• Estates valued over SGD 5 million are heard by the Family Division of the High Court.

Documents Required for the Application

Prior to applying for a Letters of Administration, renunciations must be obtained from all beneficiaries with prior rights. The Intestate Succession Act 1967 specifies seven classes of people who are eligible to apply for this grant, in declining order of priority:

• Spouse;
• Children;
• Parents;
• Siblings;
• Nephews and nieces;
• Grandparents; and
• Aunts and uncles

For example, if a Parent is to apply for a Letters of Administration, renunciations must be obtained from the surviving spouse and children.

Once the renunciation(s) are obtained the applicant / administrator must file several documents through the Singapore Court’s eLitigation system:

• Originating Summons
• Statement
• Renunciations of Beneficiaries with Prior Rights (if necessary)
• Death Certificate
• Schedule of Assets
• Supporting Affidavit
• Administration Oath
• Administration Bond (if directed)
• Summons for Dispensation of Sureties (if sureties are required but not found)
• Consent of Dispensation of Sureties (if sureties are required but not found)

Timeframe for Obtaining the Letters of Administration

The process typically takes about 3 months from the time of application. However, this timeline can vary depending on the complexity of the case and the completeness of submitted documents.

Why the Letters of Administration is Important

The Letters of Administration ensures that the administrator can legally manage the estate according to the will. Without it, financial institutions and other asset holders will not release the deceased’s assets, and the estate cannot be distributed as directed under the Intestate Succession Act 1967. Additionally, a Letters of Administration protects the administrator from future legal challenges concerning the administration of the estate.

Distribution of Assets

Once the Letters of Administration is issued, assets are distributed in accordance with the Section 7 of the Intestate Succession Act 1967

*Above scenarios are non-exhaustive, please contact LP Law for more information.

Common Challenges in the Letters of Administration Process

Administrators may face challenges, such as when there are:

• Missing documents or where there is difficulty in obtaining renunciations.
• Disputes among beneficiaries about the distribution of assets.
• The need for an administration bond or sureties when required by the court, which can delay the process if not promptly addressed.

Obtaining a Letters of Administration is a crucial step in managing a deceased person’s assets. Though it may seem daunting, having the right information and documentation can streamline the process.

Our experienced legal professionals are here to guide you through every step and concern. Reach out to us if you are involved in a probate process or need more information on how to navigate it.

Disclaimer: The content of this article does not constitute legal advice and should not be relied on as such. Specific legal advice should be sought for your circumstances.

Welcome back to the second installment of our four-part series!

In this section, we will share more about Grant of Probate, helping you understand what it is and how it works.

In Singapore, when someone passes on and leaves behind a will and significant assets, the appointed executor must apply for a Grant of Probate from the Singapore courts. This legal document gives the executor the authority to manage the deceased’s estate, pay off any debts, and distribute the assets as outlined in the Will.

Which Court Handles the Application?

The application process depends on the value of the deceased’s estate:

• Estates valued up to SGD 5 million are heard by the Family Courts.
• Estates valued over SGD 5 million are heard by the Family Division of the High Court.

Documents Required for the Application

To apply for a Grant of Probate, the executor must file several documents through the Singapore Court’s eLitigation system:

• Originating Summons
• Statement
• Original Will (for Probate Registry’s inspection)
• Death Certificate
• Schedule of Assets
• Supporting Affidavit
• Administration Oath
• Administration Bond (where directed by Court)
• Summons for Dispensation of Sureties (if sureties are required but not found)
• Consent of Dispensation of Sureties (if sureties are required but not found)

Timeframe for Obtaining the Grant of Probate

The process typically takes about 3 months from the time of application or more. This timeline can vary depending on the complexity of the case and the completeness of submitted documents.

Why the Grant of Probate is Important

The Grant of Probate ensures that the executor can legally manage the estate according to the will. Without it, financial institutions and other asset holders will not release the deceased’s assets to the executor, and the estate cannot be distributed as intended. Additionally, a Grant of Probate protects the executor from future legal challenges concerning the administration of the estate.

Common Challenges in the Grant of Probate Process

Executors may face challenges, such as when there are:

• Missing documents or an invalid will.
• Disputes among beneficiaries about the validity of the will or the distribution of assets.
• The need for an administration bond or sureties when required by the court, which can delay the process if not promptly addressed.

Obtaining a Grant of Probate is a crucial step in managing a deceased person’s assets. While the process may seem daunting, having the right information and documentation can streamline the process.

Our experienced legal professionals are here to guide you through every step and concern. Reach out to us if you require more information with the probate process and need our professional legal assistance on how to navigate the application.

Disclaimer: The content of this article does not constitute legal advice and should not be relied on as such. Specific legal advice should be sought for your circumstances.

This is the first part of our four-part series, where we will introduce you to Grants of Representation, including Grant of Probate, Letters of Administration, and the Resealing of a Foreign Grant.

GRANTS OF REPRESENTATION

A Will informs your beneficiaries your wishes for the distribution of your assets.

However, in most cases, your executors or administrators will still need a Grant of Representation to distribute the assets.

In Singapore, the different types of Grants of Representation are:

• Grant of Probate – where there is a Will
• Letters of Administration – where there is no Will
• Resealing of a Foreign Grant – where a Grant has been issued by a Commonwealth country (example, Malaysia)

Estate Bank Account

Upon obtaining a Grant of Representation, the executors or administrators will be required to open an estate banking account for the funds to be transferred into.

This also helps to ensure that the funds are properly accounted for and distributed.

These processes will be further discussed in our subsequent posts.

OTHER ASSET DISTRIBUTIONS

Approaching the Public Trustee

Other than the above Grants of Representation, the Public Trustee also has the discretion to administer the estates of deceased persons, where the value of the estate does not exceed $50,000.

Typically, beneficiaries may want to approach the Public Trustee where the assets are not major, and the distribution is not complicated.

Central Provident Fund (CPF)

Not all assets may be dealt with via a Will and/or Grant of Representation.

The Public Trustee is the exclusive administrator of the CPF belonging to deceased persons.

Distribution of CPF will go according to either, (1) nomination, if there is a nomination, or (2) the Intestate Succession Act (Cap. 146).

Even if there are provisions in a Will that deals with CPF, such provisions will not take effect.

The Public Trustee also holds on trust CPF for minor beneficiaries who are below 18 years of age for nominated beneficiaries, and 21 years of age for unnominated beneficiaries.

Insurance

Insurance proceeds are generally dealt with via a revocable or non-revocable nomination with the insurance company. This is typically the fastest and easiest method to obtain insurance payouts.

Distribution clauses in a valid Will pertaining to insurance proceeds will take effect in the event a nomination was not made.

Stay tuned for the next few parts of this series, where we dive deeper into each topic on the Grant of Probate, Letters of Administration and Resealing of a foreign grant. Don’t miss out on the valuable insights and practical tips coming your way.

Be sure to check back soon!

Disclaimer: The content of this article does not constitute legal advice and should not be relied on as such. Specific legal advice should be sought for your circumstances.

What is a Will?

A will is a legal document that explains how you want your assets to be distributed after you pass away. In Singapore, it is essential to create a will to ensure that your estate, comprising properties, finances, and belongings, is managed according to your preferences. This gives you peace of mind, certainty, and control over your affairs. Without a will, distribution of your assets will follow the guidelines of the of the Intestate Succession Act, potentially diverging from your intended wishes.

Types of Wills in Singapore

Before writing a will in Singapore, it’s important to understand the different types available, as each one serves different needs and situations. These can be customised to suit various circumstances. In this context, we explore four common types of wills in Singapore: simple wills, joint wills, mutual wills, and mirror wills.

Simple Will

The widely chosen option for writing a will in Singapore is the simple will. This legal document clearly states your preferences regarding the distribution of your assets. With a simple will, you can make changes to the distribution of your assets at any time while you are still alive.

Joint Wills

A joint will is a single document created usually by two parties, typically spouses, which details how they wish to divide their combined assets.

Upon the death of one party, the surviving party inherits and manages the estate.

Upon the surviving party’s death, the combined assets are distributed according to the provisions in the joint will. Importantly, the surviving party cannot unilaterally alter the terms of the joint will; any changes require the consent of both parties involved.

Mutual Wills

Similar to joint wills, mutual wills are agreements between two or more parties with identical content, detailing the assets and distribution instructions. Once a mutual will is created, it cannot be altered without the consent of all parties involved.

This type of will is commonly used by spouses who wish to guarantee that their estates are distributed according to their agreed-upon plan.

Mirror Wills

Mirror wills are like mutual wills in that they consist of two nearly identical documents. In mirror wills, each partner typically leaves their assets to the other in the event of their death. For instance, if one spouse passes away, the surviving spouse inherits everything, and vice versa. Unlike joint or mutual wills, mirror wills allow each party to independently modify their own will without needing the consent of the other. This flexibility makes mirror wills popular among married couples or partners who want to ensure their spouse is provided for, while still retaining the freedom to revise their will if circumstances change.

Conclusion

Writing a will in Singapore is an important step in ensuring your assets are distributed according to your wishes. Whether you choose a simple will, joint will, mutual will, or mirror will, it’s wise to consult with a lawyer to make sure everything is done correctly.

Disclaimer: The content of this article does not constitute legal advice and should not be relied on as such. Specific legal advice should be sought for your circumstances.