Wills, Intestacy, Probate and Administration

Making a Will ¹

What is a Will?

A Will is a legal document by which a person writing the Will (“the Testator”) can, amongst other things -

1. Dictate how his/her assets shall be administered and distributed after his/her death. The recipients of these assets are known as “beneficiaries”;
2. Appoint a person (“the Executor”) to carry out such administration and distribution upon the Testator’s death; and
3. Appoint guardians for his/her children who may still be under the age of 21 at the Testator’s death.

How is a Will Created?

There are certain basic requirements for a valid will -

1. The Testator must be older than 21 years old;
2. The Testator must have the requisite mental capacity to make the will;
3. The will must be made in writing, and must be signed by the Testator in the presence of two (2) witnesses; and
4. The witnesses to the execution of the will can be a Testator’s lawyer, friend or relative (excluding spouse) as long as the witness is not a beneficiary under the will.

A maximum of four (4) people can be appointed as Executor/Trustee under a will, although the more Executor/Trustees are appointed, the harder it is for all of them to make a decision.

Important note: Under section 115(1) of the Administration of Muslim Law Act, the beneficiaries must apply to the President of the Syariah Court for an Inheritance Certificate to establish the share of each beneficiary. Muslims can only dispose off or give away 1/3 of their estate to persons who are not already entitled under the Inheritance Certificate mentioned above.

What assets you can include in a Will?

Only assets that are under your sole name can be passed on under a will, although this includes any tenancies-in-common, which are divisible and can be bequeathed.

Assets which cannot be included in a will are -

1. Any immovable properties that are held in joint tenancy;
2. Monies in Central Provident Fund;
3. Insurance policies in which you have nominated beneficiaries.

Money in your Central Provident Fund (CPF)

Under the laws of Singapore, the savings in your CPF Ordinary, Special, Medisave and Retirement Account as well as any discounted SingTel Shares cannot be distributed under your Will. Instead you will have to make a nomination under the CPF Act.

Your nominee will then be entitled to the funds in your CPF account. If you have not made a nomination, your funds will be distributed under the law in accordance with the Intestate Succession.

If you get married after making a nomination, your nomination made before marriage is automatically cancelled, unless you say that it was made in contemplation of marriage. Therefore, you ought to make a new nomination after marrying.

Changing your Will

Never attempt to change your Will by crossing parts out or adding words in or by attaching anything to it. If you do so your Will may become ineffective or invalid. If you wish to change your Will, either make a fresh Will or prepare a Supplemental Will (“a Codicil”).

Reviewing your Will

If you marry or remarry, your Will is revoked unless the Will was made in contemplation of your marriage.

You should also review your Will if any of the following happens:

1. If you change your name or anyone mentioned in the Will changes his name;
2. If an executor or trustee dies or becomes incapable of carrying out his duties owing to ill-health;
3. If a beneficiary dies (this is called a “Lapse”);
4. If you subsequently sell or part with any property mentioned in the Will, or;
5. If there is any significant change in circumstances, for example, when you acquire property or assets which have not been mentioned in your Will.

It is advisable to review your Will regularly.

Making known your Will

Although a Will is a private document, it is important that your family and especially your executors know that you have a Will and where you have kept it. You should submit an online deposit form to the Wills Registry which is maintained by the Public Trustee. The Registry acts as a central information centre for all wills that are drawn up, of which notice has been given to the Public Trustee. The Wills Registry, however, only keeps a record that you have done a Will and does not actually keep a copy of the Will itself. You do not have to register the Will in order to validate it.

This form can be downloaded from their website at https://www.mlaw.gov.sg/content/pto/en.html.

Apart from registering your Will with the Wills Registry, you may wish to deposit the original Will with your lawyer for safekeeping. You should then give your executors your lawyer’s name and address.

Administering your estate

Your Will takes effect upon your death. Your executors would have to apply to Court for a Grant of Probate. The Court will only issue the Grant after it is satisfied that all procedural requirements are met. Estate Duty clearance will be required before a Grant is obtained for deaths that took place before 15 February 2008.

Once the Grant of Probate is issued, the original Will is retained by the Court. The executors will be given a copy of the Will together with the Grant. All your property and assets will then pass to your executors, who will have the responsibility of administering and distributing the estate according to the instructions in your Will.

If You Do Not Make A Will

If you pass away without making a Will, your assets will be distributed according to the rules of intestacy as laid down in the Intestate Succession Act. Your lawyer can advise you about these rules and how they apply to you. If you die without making a Will, your estate may be distributed to persons to whom you do not intend to give anything.

Also, if you pass away without making a Will, you cannot choose the people who will look after your estate. Administrators, rather than executors, will look after your estate, although they have the same responsibilities. Administrators have to apply to Court for “Letters of Administration” instead of the Grant of Probate and the procedure is generally more complicated. For example, the administrators will have to provide two guarantors unless they get approval from the Court.

Therefore, if you want to provide for your family members, friends or a charity after your death, you should consider making a Will as it will be easier and more convenient.

Costs

If you are concerned about the cost of making a Will, discuss this with your lawyer. You can ask your lawyer for an estimate of the costs involved before appointing him.

Syariah Law

Some of the points mentioned above do not apply to Muslims. Under section 115(1) of the Administration of Muslim Law Act, the beneficiaries must apply to the President of the Syariah Court for an Inheritance Certificate to establish the share of each beneficiary. Muslims can only dispose off or give away 1/3 of their estate to persons who are not already entitled under the Inheritance Certificate mentioned above.

Commonly Asked Questions on Wills

Do I need a lawyer?

If you are 21 years and of sound mind, you may make your own Will and change it at any time during your life without consulting a lawyer. (s4 of the Wills Act) But the risk is that your home-made Will may be ineffective or invalid, causing your beneficiaries to suffer unnecessary expense. It is therefore in your interest to consult a lawyer who can advise you and draft your Will for you according to law.

However, if you are a soldier in active military service, or a mariner or a seaman at sea, you may make a Will even though you are under 21 years (s5 of the Wills Act).

What will make a Will ineffective or invalid?

Your Will is invalid if it does not conform to the rules of formal validity under the Wills Act:

• A Will must be committed to writing (verbal declaration of the Testator’s intentions does not constitute a valid Will).
• The testator must be at least 21 of age.
• The testator must sign the Will at the foot of the Will. If the testator is unable to do so, he may direct another person to sign it in his presence.
• A Will must be witnessed by two witnesses, and they must also sign the Will in the presence of the testator.
• The two witnesses cannot be beneficiaries of the Will, or spouses of the beneficiaries.

If you change your Will by crossing parts out or adding words in or by attaching anything to it and not by making a fresh Will or prepare a Supplemental Will (codicil), your Will may become ineffective or invalid (s15 of the Wills Act).

If you marry or remarry, your Will is revoked unless the Will was made in contemplation of your marriage (s13 of the Wills Act).

What if I cannot afford a lawyer?

Normally, it costs around a few hundred Singapore dollars to engage a lawyer to draft a Will. If it is not affordable for you, you may consider obtaining free legal advice by visiting a Community Legal Clinic, provided by the Pro Bono Service Office to clarify any queries you may have on drafting a Will. For more information, you may refer to the website of the Pro Bono Service Office ². You may also find a list of other legal clinics there.

If you require further services, you may consider applying to the Legal Aid Bureau, which can assist in appointing a lawyer for you if you meet their entry requirements. Ad Hoc Pro Bono Services by the Pro Bono Service Office can also assist in putting you in touch with a lawyer who is willing to take up the case on a pro bono basis.

What will happen to assets I do not mention in my Will?

Where you pass away leaving behind a Will which does not deal with all of your estate, those assets not disposed of in your Will will be distributed in accordance with the rules under the Intestate Succession Act. This situation is usually described as “partial intestacy”. For the Intestate Succession Act, you may refer to the explanation “If You Do Not Make A Will” above.

It is good to have an Inventory List of your Assets and Liabilities attached to your Last Will in order to list down all the assets you own. This will help your executor in the event of your death. You should also update your Inventory List from time to time to reflect changes to your asset list. Further, to avoid the status of “partial intestacy”, it is crucial to include a “residuary clause” in your Will.

What if someone doesn’t agree with my choice of beneficiaries?

You have a right to choose beneficiaries solely at your discretion in your Will and can choose your family members, your friends or even an organization as beneficiaries in your Will.

However, this right of choice of beneficiaries is subject to the provisions of the Inheritance (Family Provision) Act where your dependants can apply to Court for a reasonable provision of maintenance from your estate even though they are not beneficiaries under your Will. The Court has the power to order that your estate make payment to these dependents either as a lump sum or on such terms that the Court deems fit. Dependants which may be entitled to make such application are (s3 of the Inheritance Act):

• A spouse.
• An unmarried daughter
• A son who has not attained his age of 21 years.
• A son or a daughter who is in capable of maintaining himself or herself, by reason of some mental or physical disability.

Is a hand-written will valid?

Yes, you can prepare a hand-written Will by hand since the Will Act does not question the form of writing of a Will. A hand-written Will may be valid as long as it is properly executed in accordance with the Wills Act.

But, you should be aware that you still need to sign your Will in the presence of witnesses and it is not possible to make a valid Will alone.

Is a Will drafted overseas valid in Singapore?

Yes, even if a Will is drafted and executed overseas, it can be a valid Will. However, the Will has to be executed according to:

• The territory of execution of the Will.
• The territory of domicile of the testator when the Will was executed or at the time of his death.
• The territory of habitual residence of the testator when the Will was executed or at the time of his death: or
• The territory of which the testator was a national when the Will was executed or at the time of his death.

Can I draft a will on someone else’s behalf?

Yes. You can assist to draft a Will on another person’s behalf. However, the person making the Will will have to be the person that signs at the foot of the Will as the testator.

How does someone who “lacks capacity” (eg. mental illness, etc) draft a will?

A person who lacks mental capacity will not be able to make a Will. The Testator has to be of sound mind, and mentally capable of understanding what he/she is doing and the consequences of that action, when making a Will.

Hence, before a Will is executed, if there may be a dispute as to the mental capacity of a testator, a medical report should be obtained to substantiate that a person is of such sound mind as to be able to make a Will. Sometimes, allegations of undue influence can also be asserted by certain parties, on the Testator. Undue influence can refer to the unconscientious use of one’s power over another, such as coercion, threats, harassments or persistent persuasion.

However, people who are illiterate can still make a Will. If a Testator cannot read or write, he can ask someone else to write down his intention. If a testator cannot sign his name, he can affix his thumbprint on the document. What matters is that the testator has the mental capacity and understands that he is making a Will, and the consequences of doing so.

What happens to my debt? Who will inherit my mortgage, etc?

An administrator or an executor has to make payment of any debts and expenses of the deceased prior to the distribution of his estate.

If there aren’t enough assets to cover the debts, the estate is said to be insolvent. For insolvent estate, the order of priority in the repayment of debts have to be accordance with the First Schedule of the Probate and Administration Act, and then rules under the Bankruptcy Act will follow. If there aren’t enough funds left over to pay all the creditors in one group, the amount left will be prorated to creditors in the group. The beneficiaries will also get nothing, even if a will leaves them specific property or specified sums of money. Beneficiaries can only receive assets in probate if there are enough assets left over after all legitimate debts have been paid.\ On the other hand, in the case of a solvent estate, creditors will get paid in the order found in the Second Schedule of the Probate and Administration Act.

A creditor can also apply for the Letters of Administration as a creditor where spouses or next of kin of the deceased do not apply.

What about my CPF?

As stated above, distribution of assets of the deceased is generally handled by an administrator or an executor.

However, the Central Provident Fund (CPF) is different. CPF is a comprehensive social security savings plan administered by the Singapore government.Under the CPF Act, the savings in your CPF Ordinary, Special, Medisave and Retirement Account as well as any discounted SingTel Shares cannot be distributed under your Will. If a CPF member makes a nomination under this Act, the CPF contributions made and death benefits payable under the insurance scheme administered by the CPF Board will be distributed to the nominees specified under the nomination without the need for a Grant of Probate to be extracted for the member’s estate.

For more information about assets handled outside the power of an Administrator or Executor, see “Administration of Small Estates by the Public Trustee”.

Do I have to disclose my criminal record or declare previous convictions when drafting a Will?

No. A Will is a private document wherein you dictate matters such as the disposal of assets, and the guardianship of infant children. Thus, past criminal record and previous convictions do not have to be disclosed with making a Will.

What if the deceased gives something away which they were not entitled to in the first place (eg. property in someone else’s name, etc)?

The testator can only dispose of assets under his name. Thus, if a Testator gives something which does not belong to him/her in a Will, such part of a Will will not have effect.\ Immovable property that is owned by you with another person in joint tenancy is subject to the general rule of survivorship, wherein a joint owner who survives is entitled to the whole ownership of the joint asset once another joint owner passes away.

However, this rule does not apply if your immovable properties is held in a “Tenancy-in-common”, where each of the joint owners owns an identifiable share of the immovable property and can deal with his share of the immovable property in his Will.\ The manner of holding and the specific share of each owner is stated on the documents conferring the title of immovable property on the owners, like the Certificate of Title.

Administration of Small Estates by The Public Trustee ³

Overview Of Services Provided By The Public Trustee

Administration of Estates of Deceased Persons

The Public Trustee administers small estates of deceased persons where the value of the estate does not exceed $50,000.00.

In administering an estate, the Public Trustee recovers and realizes assets in the estate and distributes these to the beneficiaries. The Public Trustee ascertains the beneficiaries according to the Intestate Succession Act (Cap. 146) for non-Muslims and Administration of Muslim Law Act (Cap. 3) for Muslims.

If the beneficiary is a minor, the Public Trustee will hold his share in trust until he attains 21 years old. In the meantime, the minor beneficiary’s guardian can apply to the Public Trustee for the child’s monthly maintenance.

The assets that are administered by the Public Trustee include:

• Deceased’s monies in banks or other financial institutions in Singapore.
• Deceased’s shares which are listed on SGX.
• Deceased’s vehicle, except taxis.
• Deceased’s undrawn salary.
• Compensation monies due to the deceased.

Who Can Apply To the Public Trustee?

Any person over 21 years old can apply. Friends or relatives can also apply on behalf of beneficiaries.

Statutory Fees Charged

The statutory fees payable to the Public Trustee are as follows:

These fees, which we will take from the estate money, include GST and cannot be waived. You will have to pay a minimum fee of $15.

How To Apply To The Public Trustee To Be Administrator

You will need to make an online application at https://www.mlaw.gov.sg/content/pto/en.html under eServices for the Public Trustee to administer the Deceased’s estate monies. Please note that you will be required to disclose information on the Deceased’s shares, bank savings account, death gratuity, insurance policies and vehicles owned (if any) in the online application.

You will need to have your Singpass ready in order to access the online application form. You may apply for your Singpass at https://www.singpass.gov.sg if you do not have one.

If you are ineligible to apply for a Singpass, you may apply for a login ID and password through the website: https://www.mlaw.gov.sg/content/pto/en.html under eServices.

Please note that the information given to the public trustee must be true.

It is an offence to furnish false information to a public servant.

The Public Trustee will not administer the estate if he discovers that any information given is incorrect or untrue.

Situations Where The Public Trustee Is Unable To Help

The situations where the Public Trustee is unable to assist include the following:

• Where the estate exceeds $50,000 in value.
• Where there are conflicting claims to the estate or disputes between beneficiaries.
• Where the estate has outstanding debts or liabilities.
• Where the deceased had shares or other interest in unlisted companies (foreign or local.
• Where the deceased was a partner, a sole-proprietor or had interest in a firm or other business.
• Where the deceased was the sole lessee (owner) of a HDB flat and there are minor interests.
• Where there are pending law suits which involve the deceased.

Where the Public Trustee is unable to administer the estate, you may have to apply to the Courts for Letters of Administration (i.e. appoint administrators) to deal with the deceased’s estate. If you qualify for legal aid, you may apply to the Legal Aid Bureau at The URA Centre, East Wing, 45 Maxwell Road, #07-11, Singapore 069118 to assist you to apply for the Letters of Administration. If not, you will have to engage the services of a lawyer.

Administration Of CPF Funds Of Deceased Persons

The CPF Board will forward a Deceased’s CPF monies to the Public Trustee under the following scenarios:

1. If the Deceased had not made a valid CPF nomination during his lifetime, or;
2. If the person nominated to receive the CPF monies is under 18 years old (other than a widow). 

You will need to check with CPF Board if the Deceased had made a valid nomination for his CPF monies. If the Deceased had made a valid CPF nomination, the CPF Board will pay out his CPF monies directly to the nominee(s) if he/she is above 18 years old.

Application To The Public Trustee

You will need to make an online application at https://www.mlaw.gov.sg/content/pto/en.html under eServices for the Public Trustee to administer the un-nominated CPF monies.

You will need to have your Singpass ready in order to access the online application form. You may apply for your Singpass at https://www.singpass.gov.sg if you do not have one.

If you are ineligible to apply for a Singpass, you may apply for a login ID and password through the website:https://www.mlaw.gov.sg/content/pto/en.html under eServices.

Distribution By The Public Trustee

For Non-Muslims:

* Spouse refers to husband or wife

* Issue means a child (legitimate or legally adopted) and the descendants of a deceased’s child. Illegitimate children and transferred children are NOT entitled under the Intestacy Rules

For Muslims:

The Public Trustee will distribute the Deceased’s un-nominated CPF monies in accordance with the School of the Muslim Law observed by the Deceased. 

The Certificate of Inheritance issued by Syariah Court will list down the beneficiaries and their share of inheritance.

Application For Maintenance

Where the Public Trustee is holding the monies in trust for a minor beneficiary, the parents or legal guardians may make an application to the Public Trustee for the monthly maintenance and education of the minor beneficiary.

You need to complete the application online at www.iptoonline.gov.sg and provide the Public Trustee with a copy of the documents stated online.

Statutory Fees Charged

The statutory fees payable to the Public Trustee for the administration of CPF monies are as follows:

These fees, which we will take from the CPF money, include GST and cannot be waived. You will have to pay a minimum fee of $15.

FAQs on Administration by The Public Trustee

What is the maximum value of an estate that Public Trustee can administer?

$50,000 in value.

What are the assets that can be realised by the Public Trustee?

The assets recovered by the Public Trustee are :

• Deceased’s monies in banks or other financial institutions in Singapore.
• Deceased’s shares which are listed on SGX.
• Deceased’s vehicle, except taxis.
• Deceased’s undrawn salary.
• Compensation monies due to the deceased.

What are our fees?

Statutory Fees chargeable under the Public Trustee (Fees) Rules for the administration of Assets other than CPF Monies.

• For the first $5,000 in the estate 6.5%
• For the next $2,000 6.00%
• For the next $3,000 4.25%
• For the next $10,000 2.75%
• For the next $30,000 2.25%

These fees cannot be waived.

What are the situations where the Public Trustee is unable to assist?

The situations includes :

• Where the estate exceeds $50,000 in value.
• Where there are conflicting claims to the estate or disputes between beneficiaries.
• Where the estate has outstanding debts or liabilities.
• Where the deceased had shares or other interest in unlisted companies (foreign or local).
• Where the deceased was a partner, a sole-proprietor or had interest in a firm or other business.
• Where the deceased was the sole lessee (owner) of a HDB flat and there are minor interests.
• Where there are pending law suits which involve the deceased.

How are the monies distributed?

Non-Muslim - Intestate Succession Act

Muslim - Inheritance Certificate from Syariah Court

How long does the Public Trustee take to administer a case?

The Public Trustee will distribute the monies within 4 weeks from the date of receipt of the full set of documentation from the beneficiaries or the date of receipt of the deceased’s monies, whichever is later.

How does one make an application to the Public Trustee for assistance in the administration of a deceased’s estate?

The appropriate application form must be completed online and submitted together with copies of documents as listed in the application forms. The application forms available are as follows:

• Application for administration of CPF Monies.
• Application for administration of deceased estate (Assets other then CPF Monies).

About the Wills Registry ⁴

What is the Wills Registry?

The Public Trustee maintains a confidential Wills Registry where testators and their solicitors can deposit information on Wills. No actual wills are deposited at the Wills Registry. All Wills must be kept by the testator or his/her representative.

The will information will be kept in the system for 120 years from the date of birth of the person making the will.

What are the benefits of the Wills Registry?

In the administration of a deceased’s estate, the administrator or executor has to first determine whether the deceased left behind a Will. Often, the next-of-kin or beneficiaries may also believe that the deceased may have done so but do not have a copy of the Will or information as to which solicitor drew up the Will.

The information available from the Wills Registry will be useful to the following persons:

• The person who made the Will (also known as the testator) and/or his/her solicitors if the testator wishes to make a subsequent Will;

• The solicitors acting for the estate of the deceased testator to assist them in the administration of the deceased testator’s estate, or;

• The next-of-kin or beneficiaries of a deceased.

What kind of information can be deposited at the Wills Registry?

The Public Trustee welcomes testators and their solicitors to deposit information on Wills, including Wills that have been previously drawn up, with the Wills Registry by completing this form and providing the following information:

• Particulars of the Testator;
• Date of Will and Codicil (i.e. a supplement modifying a Will);
• Particulars of the Solicitor/Person who has drawn up the Will;
• Particulars of the Custodian of the Will, and;
• Particulars of the Informant.

Testators will need to access our online deposit form ⁵ to deposit their will information with the Wills Registry. The Public Trustee does not allow the deposit of any Wills at the Wills Registry. Wills must be kept by the testator or his representative.

Solicitors may deposit the information on behalf of the testator.

The Wills Registry will no longer accept hardcopy forms for the deposit of will information after 1 Mar 2014.

Solicitors may deposit the information on behalf of the testator. Your law firm or company may apply for an organisation account with us. With an organisation account, your law firm or company will be able to authorise you to access the online deposit form.

You may refer to the IPTO guide online ⁶ under “Guides and Forms” on how to apply for an organization account.

Your law firm or company need not apply for a new organisation account if it has an existing organisation account with us.

Will the Wills Registry keep my information confidential?

All information deposited with us is strictly confidential. Only the following people may make a search for information related to a will.

• The person who made the will (if they give us proof of identity).
• The solicitor who is helping someone draw up any further will.
• The solicitor acting for the estate of someone who has died (if they produce the death certificate).
• The next-of-kin of someone who has died if they produce the death certificate and documents showing their relationship to the person who has died.

How do I obtain information relating to a Will?

You will need to access the online search form ⁷.

Only the following persons may carry out an online search for this information, and the following supporting documents will be required:

• For the person making search on own will record:
  • Your NRIC
• For law firms:
  • NRIC of the person who made the will or
  • Death certificate of the person who made the will
• For next-of-kin:
  • Death certificate of the person who made the will and
  • NRIC of next-of-kin and
  • Proof of relationship to the person who made the will (for example, marriage certificate (for spouse) and birth certificate (for parents or children))

Please allow 3 - 5 working days for IPTO to process your form.

The Wills Registry will no longer accept hardcopy search forms after 15 April 2014.

The search results will be sent to you via email once we have verified your supporting documents.

The search results will no longer be sent by post or fax.

What kind of fees does the Wills Registry charge for its services?

Fees (inclusive of GST) are shown below.

Payment for the deposit of will information must be made online via debit card, credit card or direct debit.

Can the Wills Registry assist in the drafting of a Will?

No, the Wills Registry does not provide legal advice on drafting a will or how the will is to be executed. You may want to contact a solicitor for help with drafting a will.

How do I update or amend my existing will record?

You will have to deposit a new will record with the Wills Registry. The $50 fee for a new will deposit shall still apply.

Is it compulsory to deposit my will information with the Wills Registry?

No, it is not compulsory to deposit your will information with the Wills Registry.

Will my will become invalid if I do not deposit my will information with the Wills Registry?

No, the validity of your will does not depend on whether you have deposited your will information with the Will Registry or not.

Probate and Letters of Administration ⁸

What happens to the property belonging to a person when he dies?

A person has to be appointed by the Court to take charge of the deceased person’s property (collectively known as his estate).

In order to be recognised legally as the executor(s) or administrator(s) of the deceased person’s estate, you would have to apply for a Grant of Probate or a Grant of Letters of Administration respectively.

What is Probate?

It is a Court Order authorising the executor(s) appointed by the deceased person under his Will to administer his estate according to the directions contained in his Will.

What are Letters of Administration?

It is a Court Order authorising the person(s) named in it, to administer the estate of the deceased person in accordance with the law.

Who Can Apply For Probate Or Letters Of Administration?

Probate

You can apply for probate if you are the executor(s) named in the Will of the deceased person.

Letters Of Administration

In the case of the Letters of Administration, you and any of your family members are entitled to apply to be appointed administrator(s). However, the law gives priority to certain members of the family over others, depending on the marital status of the deceased and his family composition. For example, if the deceased person was single, his surviving parents will have priority over his brothers and sisters to be the administrators; if the deceased person was married with children, his spouse will have priority over the children to be his administrator.

Please note that the law requires at least 2 administrators to be appointed where there is/are one or more minor beneficiaries. A minor beneficiary is any person below 21 years of age who has a share in the estate. This is to protect the minor beneficiary’s interest in the estate.

If I have the right to apply for a Grant of Probate or a Grant of Letters of Administration (as the case may be), can I renounce my right to apply?

Yes. If you are the named executor(s) in the Will, or if you are a party having priority in law to apply for a Grant of Letters of Administration and you are unwilling or unable to apply for a Grant of Probate or a Grant of Letters of Administration, you may give up (renounce) your rights and consent to other persons applying for a Grant of Probate or a Grant of Letters of Administration by filing a Renunciation and Consent.

Where can I apply for Probate or Letters of Administration?

If the value of the estate of the deceased is below S$3 million, the application is made in the State Courts. If the value of the estate of the deceased exceeds S$3 million, the application is made in the Supreme Court.

How do I apply for Probate or Letters of Administration?

To apply for Probate or Letters of Administration, a number of documents have to be prepared and filed (after payment of stamp fees) at the Service Bureau, located at the Supreme Court or at 133 New Bridge Road, #19-01/02 Chinatown Point.

Documents required in an application for a Grant of Probate and a Grant of Letters of Administration:

1. An Originating Summons together with a Statement containing the relevant information to be entered in an electronic template.
2. A checklist for the Originating Summons in an electronic template.
3. A supporting affidavit verifying the information in the Statement for probate or administration. the affidavit must be in the format and contain the necessary supporting documents as prescribed by paragraph 117 of the State Courts Practice Directions and must be filed within 14 days after the filing of the Originating Summons and Statement
4. The Administration Oath(s) by the Applicant(s) and Co-administrator, if any.
5. A certified true copy of the deceased’s death certificate. The original must be submitted to the Probate Counter, located at the Civil Registry of the State Courts, for verification by 4.30 pm of the next working day after the electronic filing of the Originating Summons and Statement.
6. Original Inheritance Certificate from the Syariah Court (for Muslim estates only). The original must be submitted to the Probate Counter for verification by 4.30 pm, of the next working day of the electronic filing of the Originating Summons.
7. A certified true copy of the Will. The original must be submitted to the Probate Counter, by 4.30 pm of the next working day after the electronic filing of the Originating Summons and Statement.
8. Certificate of Result of Caveat Search together with the Search Reports from both the High Court and State Courts in electronic format.

Additional documents required for Probate and Letters of Administration

Probate

1. The original Will, and two A4 sized certified true copies and one A3 sized uncertified copy of the will.
2. Where the Will is not written in English, a certified true translation by a person competent to translate must be attached.
3. Renunciation(s) by a person(s) appointed executor(s) by the will but who does not wish to be the executor(s) if any.

Letters of Administration

• Consent of the co-administrator, if any.
• Renunciation of the beneficiaries having a prior right to apply for letters of administration if any.

Note: The above requirements apply in cases of simple applications for Probate and Letters of Administration. Much depends on the status of the deceased, his beneficiaries and the estate.

What happens after the Originating Summons has been filed in court?

After the Originating Summons has been filed in Court, a Registrar will review it. If the Registrar is satisfied that all the documents are in order, the Application for Probate or Letters of Administration will be granted.

If there are errors or omissions in the documents, the Originating Summons may be rejected outright, returned to you for amendment or it may be fixed for hearing before a Deputy Registrar in Chambers.

What should I do after the application is granted?

After the Registrar grants an order-in-terms of the application, there are still a few more steps in which you (the applicant) need to file:

• A Schedule of Assets belonging to the deceased as at time of death and an affidavit verifying such schedule;
• An Administration Bond with 2 sureties (Only for an application for Grant of Letters of Administration); and
• A Request to Extract Grant.

How do I settle estate duty matters?

For all estate duty matter please refer to the IRAS. For more information on the estate duty, please visit their website at www.iras.gov.sg.

How do I execute an Administration Bond?

In the case of Letters of Administration, you have to file an Administration Bond to extract the grant. The Administration Bond has to be signed by you and your sureties, if any.

Where any beneficiary is under 21 years of age, or the value of the estate exceeds S$250,000 you are required to furnish 2 sureties to the Administration Bond. This is to ensure that you administer the estate properly. The sureties must have assets worth the total value of the deceased’s estate.

After the Registrar approves the particulars of the sureties, they have to affirm or swear an affidavit certifying their worth. If you cannot get any person to stand as surety, you may apply to the Court to dispense with the sureties. You will have to affirm or swear an affidavit setting out the reasons for your application. You will also have to obtain the consent of all adult beneficiaries and creditors to the dispensation of sureties. The Court has the discretion to dispense with one or both sureties.

How do I extract the grant?

After the estate duty matters have been settled, you may apply to extract the grant. This is done by way of a Request to extract Grant of Probate or Letters of Administration [whichever is applicable] and filing of the Administration Bond (if it is a case of Letters of Administration being extracted). before filling the request, you should conduct a search to ensure that there are no caveats in force against the estate.

Must I engage a lawyer?

You may wish to engage a lawyer if the estate of the deceased is complex or if you are unfamiliar with the legal procedures such as preparation and filing of numerous documents, and attending Court.

Commonly Asked Questions On Probate / Letter Of Administration

Executors/Administrators

What are my obligations as an executor? How long can I take?

The executor may be required to perform the following, depending on the contents of the will:

1. Apply for probate.
2. Make the arrangements for the funeral of the deceased.
3. Determine the total assets and liabilities of the deceased.
4. Resolve the outstanding income tax liability of the deceased, according to section 58 of the Income Tax Act.
5. Pursue any debts owed to the deceased.
6. Resolve any debts or liabilities of the deceased. In the case of an insolvent estate, the order of priority in the repayment of debts can be found in the Bankruptcy Act, after fulfillment of the First Schedule of the Probate and Administration Act. In the case of a solvent estate, the order of repayment can be found in the Second Schedule of the Probate and Administration Act.
7. Distribute the assets to the beneficiaries or their respective guardians, in accordance to the will.
8. Perform your duties in accordance with the Law.

The length of time it would take to carry out the duties of an executor will depend on various factors. Probate is a complex process, which can involve many individuals, organizations and government departments. Insurance companies, banks and Revenue and Customs Authorities are just some of those that need to be contacted. On average, probate takes between six to nine months to complete and can take up to eighty working hours. It is not an unusual occurrence for it to stretch out for as long as a year, and perhaps even longer if things are not straightforward.

Contested will: If the Will is contested, this will certainly further stretch out the settlement process. Claims regarding the validity of the will itself can be brought many years after the date of death. If a claim is made, the estate should not be distributed until after the claim has been dealt with. The amount of time that Probate will take will depend on the size and complexity of their estate. A testator who owned shares, several bank accounts, and more than one property in different, far off locations would leave a complex collection of assets for their executor to take stock of. This will be complicated further if the testator named a number of different beneficiaries in their Will. If the testator had any creditors, the executor of the Will needs to settle these, using the assets of the deceased. This must be done before any money or assets have are to any beneficiaries, and thus the duties of the executor will not end until such is achieved.

How do I compile a list of all the deceased’s assets?

It is important to identify the assets of the deceased. When doing this, you should be aware that assets can contain not only real estate and stock investments, but also any property of value. If there is a Will of the deceased, you can refer to the assets listed up in the Will. However you should be careful that the deceased may own more assets than what is stated in the Will. It may be also give a clue by looking for any unpaid amounts due the deceased including interest, dividends, and other income (e.g., in bank statements).

How do I get a certified true copy of someone’s death certificates?

Death certificates are issued by the ICA office. Application for issuance of the certificates can be made online or in person. Applicants are required to show his/her identity.

For details of the application, please refer to the explanation of “Apply for Death Extracts” at the website of ICA ⁹.

What if the executor can’t be found?

If the Executor cannot be found the Court will appoint the fittest person to administer the deceased’s estate according to the Will. The Court could decide to appoint one or more persons, depending on how the relevant orders pursuant to the Will and the Letters of Administration require to do so. The order in considering the persons to be appointed by Court is as follows:

1. A universal or residuary legatee.
2. A legal personal representative of a deceased universal or residuary legatee.
3. Such person or persons, being beneficiaries under the will, as would have been entitled to a grant of letters of administration if the deceased had died intestate.
4. A legatee having a beneficial interest.
5. A creditor of the deceased.

Can an administrator/executor distribute assets to themselves?

The executor/administrator can distribute the assets to himself if he is a beneficiary of the deceased’s estate. Otherwise it would be a breach of his duties to do so and the beneficiaries can take action against the executor/administrator.

It is important to note that Executors have a lot of work. There are professional executors that charge for their services and there are non-professional Executors who will only claim reimbursement of their expenses. Thus part of the assets will be used to pay for the fees charged by the professional executor, or the reimbursement of the costs of the non-professional executor.

Can anyone apply to be an executor/administrator of an estate? Can I be the executor/administrator of my friend’s estate?

To become an executor/administrator of someone´s estate, you either have to be appointed by the Will or by the Court following the rules of priority to grant such status, as per Section13 of the Probate and Administration Act. Thus only those persons appointed in the Will or those who pursuant to Section13 of the Probate and Administration Act have a right to make such an application to Court.

In relation to Letters of Administration, what is meant by administering someone’s estate “in accordance with the law”? What kind of process/procedure do I have to follow?

The administration of someone´s estate “in accordance with the law” refers both to the way the estate should be administered pursuant to the directions and orders of the person in the will or the rule of intestacy, as regulated in Intestate Succession Act.

It also refers to the way the Executor has to perform his role (whether testate or intestate succession), pursuant to the regulations contained in the Probate and Administration Act.

Accordingly the Executor shall abide to all the applicable and relevant regulations to his role depending on the circumstances and should also fully comply with all enforceable regulations contained in the Letters of Administration.

Will a Grant of Letters of Administration or a Grant of Probate allow me to distribute property located overseas?

No. You will either have to apply for a fresh Grant of Letters of Administration or a fresh Grant of Probate in that foreign country or apply for a resealing of the Grant of Letters of Administration or a resealing of a Grant of Probate which you had already obtained from the Singapore Courts.

Can I become the administrator of a non-Singaporean’s Will in another jurisdiction?

This would depend on the rules of Probates and Administrator of the other jurisdiction. For these purposes, the administrator would have to provide that the power granted to him is enough to manage the estate of the deceased. Thus it would depend on the jurisdiction and the relevant laws applicable thereof.

As a minor, can I change the executor of my will/administrator of my estate?

Yes. Executors of Wills that involve minors can be removed because of the same reasons and other executors (please refer to the section “removing/replacing administrators/executors”). The minor acts through his guardian and thus it is the guardian that has file the request before the Court. The duty to act in the beneficiaries’ best interests will be more rigorously assessed by the Court when it comes to minors who have a right to special protection.

Can an executor of a will be under 21 years old at the time the will is made?

Yes, as long as the executor is above the age of 21 at the time of death of the testator.

Do multiple executors have to execute the will together? Or do other beneficiaries have to submit a letter of renunciation first?

When multiple executors are appointed, they have to act in unison. Accordingly, they must take all decisions unanimously and all of them must execute all the documents required to be signed during the administration of the estate of the deceased and the allocation of the assets pursuant to the will or the rules of intestacy. Thus, engaging multiple executors is likely to delay rather than facilitate the execution process.

Beneficiaries

How will I know if I am a beneficiary of a will?

The executor has the duty to notify all the beneficiaries that they hold such rights under the will or pursuant to the rules of intestacy. It is important to note that Singapore has a Wills Registry. The Wills Registry keeps the following information:

• Details of the person making the will i.e. testator.
• Date of the will.
• Details of the person who drew up the will.
• Details of where the will is held.

The Wills Registry will not keep a copy nor original version of the Will.

Does a beneficiary have to be Singaporean?

A beneficiary does not have to be Singaporean. However, it is advisable to duly identify the non-Singaporean either with their passport or local ID number. The non-Singaporean may be an international charity or a Permanent Resident in Singapore. It is also important to analyse whether there will be any restrictions and regulations that will affect the transfer of certain types of properties such as HDBs in Singapore to such beneficiaries.

What are my rights as a beneficiary of a will?

These rights are:

• To know if a Will exists.
• To know the contents of the Will and request a copy of such text.

• To be informed by the executor/administrator of the current status of

  his task, and to be informed on how the estate is being managed towards distribution of the assets.

• To receive the assets as per stated in the Will or according to the

  intestacy rules contained in the Intestate Succession Act.

• To request the removal of the Administrator/Executor.

• To make an application for a Grant of Probate or a Grant of Letters

  of Administration from a Court subject to the provisions of Section 13 of the Probate and Administration Act.

What are my rights as a spouse/child of the deceased? What if we were not on good terms?

The starting question is whether there was a will or not. If there was a Will, the provisions therein will be respected. Nevertheless it is important to note that there are exceptions as provided in the Wills Act regarding a minimum welfare that is guaranteed for spouses and children.

As for intestate succession, Section 7 of the Intestate Succession Act provides that the child and the spouse will be entitled to the deceased’s estate regardless of the quality of their relationship with the deceased.

Do ex-spouses have any claim to a deceased’s estate? What about if there are ongoing divorce proceedings?

Only surviving current Spouses have a right to claim part of the Deceased´s estate. However, it is important to note that the ex-Spouse could be appointed as a Guardian of the surviving children of the deceased, and in such cases the ex-Spouse can claim part of the estate for the welfare and upbringing of the children.

Where there is an ongoing divorce, if the proceedings have not been finalized he/she would still be, before the authorities and the law, your spouse and thus have all the rights under intestacy law.

Do children born out of wedlock or as a result of an affair have a legitimate claim to the deceased’s estate?

Both illegitimate and adopted children are not included in the intestacy law rules. Thus under the current statutes they would not have a right to inherit. In AGG v. Estate of AAH deceased [2009] SGCA 56, an appellant seeking maintenance for her two daughters which where illegitimate filed a claim for maintenances benefits. The Court dismissed the appeal based on the fact neither the law nor English precedents included them. Nevertheless the court did call for a change in the law to include illegitimate children of a deceased person.

Can physical abuse and/or harassment between beneficiaries affect their entitlement to a proportion of an estate/assets?

Wills can contain certain conditions in order to have the right to receive the section of the estate allocated. Thus, if the testator included clauses regarding good relations among the beneficiaries, their share in the deceased estate could be compromised and reduced accordingly in situations of abuse and/or harassment.

Can I contest a Will?

Yes. If there are any bases upon which the Validity of the Will can be challenged, the beneficiaries may bring an action for total or partial invalidation. Examples of the bases upon which the validity of the Will can be challenged include the lack of fulfilment of formalities required by the law, or that the deceased lacked mental capacity when the Will was drafted.

However, it is important to remember there are certain protections that the law grants to spouses and children in case the portion of the estate allocated to them in the Will is not sufficient to provide for their livelihood until they can fend for themselves.

Can I contest the decision of an executor/administrator?

Yes. The executor or administrator must perform his duties pursuant to the instructions of the will and the rules of Administrators and Probate act. Consequently, when the executor is overreaching its powers by acting outside of the Will instructions or contrary to the rules of intestacy, his decision can be contested in Court. Depending on the effects of the challenged decision on the administration of the estate, the Court would also consider the removal of the executor.

Can a beneficiary argue for a greater share of the deceased’s estate, other than what is specified to them in the will?

The spouse and children of the deceased have a right pursuant to the Inheritance (Family Provision) Act to be allocated a portion of the estate of the deceased for them to secure a minimum welfare standard of life. Thus if pursuant to the initial allocation of assets in the Will, the Spouse and the Children are not allocated enough assets for them to secure a minimum standard of living the spouse and children may apply to the Court for a further share of the deceased’s estate.

Apart from the above, the beneficiaries cannot argue for a bigger share than what is contained in the Will unless he proves that the Will is invalid.

Can I take legal action against an executor or administrator refusing to carry out their obligations?

Yes. Any person who believes and has reasonable evidence that the administrator or executor is not performing his duties pursuant to the law or the instructions set out in the will can file a claim before the Probate Court. For example, the executor could have acted without the required care, or clearly against the law and orders of the Will. It is important to provide evidentiary support for the allegations contained in the claim, as otherwise it would be very hard to reverse an appointment made in the Will or the Court.

Can I be “trumped” by another beneficiary listed in the will – i.e. can they take away my entitlement to the estate?

If the deceased had nominated you under the CPF Act, you shall be entitled to the funds in the deceased’s CPF account regardless of what is stated in the latter’s Will.

Similarly, if you are the spouse or child of the deceased and a nominated beneficiary under a life insurance policy or NTUC Income policy taken out by the deceased, an implied “irrevocable” trust is created and cannot be voided by a will. In other words, the policy is a separate document and does not become part of the estate disposed of by will regardless of what the Will states.

In the absence of nominations outside of the Will, the provisions of the Will will be carried out according to the testator’s wishes, so it would not be a matter of another beneficiary “trumping” your entitlement.

Under certain circumstances, a Will may be treated as invalid by a court. In such cases, the deceased’s assets will not be distributed according to the Will, and such assets may instead distributed according to the Intestate Succession Act.

Can someone “purchase” my entitlement to a deceased’s estate from me?

Distribution of the assets to the estate beneficiaries is the very last step in the estate settlement process. Consequently, it is only after settlement of the debts and other liabilities of the estate that beneficiaries can receive their share of what remains, if any, of the estate. At this point, and not before, the inheritance becomes your personal asset, thus allowing you to enjoy the financial benefits, and giving you the liberty to decide how to dispose of it, including selling it to another person.

However, depending on the nature of the inherited property, there may exist some restrictions on transfer, such as when a holding company had been set up specifically to ensure that the shareholding is fairly divided amongst your family members, and the shareholder’s agreement provides that all shareholders are given the first right if any other shareholder wants to sell their shares. This means that as a shareholder, you may not be able to simply sell your inherited share without first offering the same to the other shareholders.

Can I recover money from a person who is now deceased?

Even death does not wipe out debts. Settlement of debts has first priority over estate distribution. It is only when all estate debts have been settled, or in rare occasions forgiven, that the residual estate can be distributed amongst beneficiaries.

As a creditor, you may lodge a caveat on the estate. Until all creditors are satisfied that there are sufficient funds in the estate and there is an undertaking from the estate’s legal representative to settle the debt before distribution is present, the caveat will not be removed, and the letter of administration or grant of probate will not be issued.

Be advised though, that if there is no formal IOU, it would be very difficult for you to recover from the estate. The estate legal representative is under no legal obligation to recognise such loans, let alone settle it. However, if there is admissible evidence, like a bounced cheque issued by the debtor shortly before he dies, you can file a caveat on the estate.

1. Inconsequence of the discovery of a will/codicil involving a substantial change in the disposition of the deceased’s estate
2. In consequence of a question whether a person had an interest in the estate; or as to the nature of an interest in the estate, not having been determined at the time when representation was first taken out, or;
3. In consequence of some other circumstances affecting the administration or distribution of the estate.