Probate in Singapore
Probate is the procedure of registering the Will of the deceased in the Supreme Court of the country and takes the charge of executing the Will. In order for a person to gain access to this facility, he/she has to get a document known as the ‘Grant of Probate’ from the court. In order for the banks to release the details about the possessions of the departed, the ‘Grant of Probate’ is being provided as a proof to the bank.
Where to apply for Grant of Probate in Singapore
In order to apply for the Grant of Probate for properties below SGD 3 million. It is to be done at the State Court. However, if the property range is more than that then the application has to be submitted to the High Court. However, the Singapore law gives a provision that if the property is less than 50,000 SGD then it can be dealt with at the Public Trustee Office.
How to apply for Grant of Probate in Singapore
As there are complexities in the procedure so it is highly recommended to appoint a lawyer to assist on this issue.
The detailed step by step procedure to do the same is as follows:
- Collecting all of the important documents such as the Death Certificate, Inheritance Certificate and other relevant documents in order to proceed on with the application.
- Submit the Schedule of Assets to the court.
- Confirming on whether the court would require any guarantees as such. If so, then the Affidavit of Justification has to be submitted which follows on with the issuance of the Administration Bond to extract the Grant. If no assurance documents required, then progress on to the “Request to Extract Grant”.
- Finally, the Grant of Probate and/or Letter of Administration is being provided.
Repudiating the Grant of Probate
It is possible to withdraw oneself from the Grant of Probate. In order to do so, he/she has to follow the steps as it has been stated under Section 3 of the Probate and Administration Act of the Singapore’s constitution. This can be done orally or signing a document in order to confirm the same.
What does the executor do?
Once the Grant of Probate is being obtained by the executor then these are the following tasks that have to be carried out based on how the Will has been drafted beforehand.
- Make funeral arrangements for the deceased
- Apply and extract Grant of Probate
- Tally the number of total assets and liabilities of the departed
- Resolve and debts and outstanding liabilities
- Distribute the assets among the ones to be done according to the Will
If there are disagreements on the Will?
If someone is not content with the will he/she can submit an admonition in the court and then accordingly there will be probate proceedings taking place that will decide the fate of the Will –if it is still valid or not. If it has been declared invalid, then the property will be distributed according to the law of the land. However, the allegations have to be made on valid and strong proof or else it would not be accepted.
Letter of Administration
In case there is no Will left behind by the deceased then an application for the Letter of Administration is being made by any surviving family member such as his/her parents, brothers, sisters or any other close relative of the deceased. The letter holder or the Administrator does perform exactly the same tasks as those of the executor who has access to under the Grant of Probate in the presence of the Will.