Probate & LA

A Grant of Probate is a court order officially recognising and giving powers to the executor named in a Will to carry out the duties stated in the Will.

Financial institutions and many other authorities require the Grant of Probate before allowing any closure of accounts or transfer of ownership of assets. 

In cases where prices of the assets involved fluctuate, for example, stocks and shares, real properties, motor vehicles etc.., it would be advantageous to obtain the Grant early so that the executor can have the flexibility to decide when to liquidate the assets involved, if necessary, to take advantage of the price fluctuations.

The main documents required to apply for the Grant of Probate are:

1.  Original copy of the Will;

2.  Original Death Certificate of the deceased;

3.  ”Schedule of Assets” providing details of assets owned by the deceased.

For estate of less than $3 million, the application will be handled by the Family Justice Courts of Singapore whereas High Court handles estate exceeding $3 million.  There are certain documents and affidavits to be filed with the respective court which requires complete accuracy. 

Our fee for estate with assets of less than $3 million is $2,500 net and normally takes about 2 months to complete if the “Schedule of Assets” is available.  An additional 1 month is required if the “Schedule of Assets” is not available.  Our fee for application to High Court is $5,000 net and may take up to 6 months to complete the application.

 

A Grant of Letters of Administration is a court order officially recognising and giving powers to the next-of-kin to carry out the duties according to the Intestate Succession Act, Chapter 146. 

Financial institutions and many other authorities require the Grant of Letters of Administration before allowing any closure of accounts or transfer of ownership of assets.

In cases where prices of the assets involved fluctuate (eg. stocks and shares, real properties or motor vehicles), it would be advantageous to obtain the Grant early so that the administrator can have the flexibility to decide when to liquidate the assets involved, if necessary, to take advantage of the price fluctuations.

Priority is given to certain next-of-kin to apply for the order.  For married person, the spouse is given the priority over the children.  The surviving spouse of a married person who left behind young children (below 21 years of age) needs to apply with another person (co-administrator).  Two sureties (guarantors) are also required before the court grants the order.

For single person, the parents are given the priority over the siblings.  Both parents of a deceased person who was single must apply for the court order jointly.  Death certificate of the deceased parent must be produced if either of the parents is deceased.  Both parents must renounce their rights if any of the deceased’s siblings is to apply the order in place of the parents.  If both parents are deceased, all surviving siblings of a deceased single person have equal rights to apply.

The main documents required to apply for the Letters of Administration are:

1.         Death certificate (please indicate the religion of the deceased);

2.         Full name, IC number and contact number of next-of-kin applying the court order;

3.         Full names, IC numbers and date of birth of all the beneficiaries;

4.         “Schedule of Assets” providing details of assets owned by the deceased.

For estate of less than $3 million without any minor beneficiaries, the application fee is $2,500 net and it takes about 2 months to complete if Schedule of Assets is readily available.  If “Schedule of Assets” is not available, please allow one additional month to process.  If there is minor beneficiary, the application fee is $3,500 net.  Please allow one additional month to process.

For estate of more than $3 million, the fee is double the amount and time double the period.

For assistance, please email us at probate@simplywills.com.sg or call us at: 6 323232 6