Upon the death of a person, called a deceased, the Personal Representativesi of the decesed will need to apply for a Grant of Probateⁱ (if there is a Willⁱ) or Grant of Letters of Administrationⁱ (in Intestacy) that will authorise them to deal with and distribute the deceased's assets.

The Court requires the following documents (not exhaustive) to be submitted for the initial application, namely:-

1. Originating Summons (Probatei);
2. Statement of Probate;
3. Administration Oaths by the Applicant;
4. original extract of the deceased's Death Certificate;
5. Caveatⁱ Search Certificate.

The following additional documents are required:-

1. the original Willⁱ;
2. where the Will is not written in English, a certified true translation by a person competent to translate;
3. renunciations by person(s) appointed Executor(s) under the Will but who do not wish to be the Executor(s), if any.

In simple cases, the following additional documents are required:-

1. Consent of the Co-Administratorⁱ, if any
2. Renunciation of the Beneficiariesⁱ having a prior right to apply for Letters of Administraton, if any

Domicileⁱ means the country where a person intends to make his permanent or ultimate home. It need not be his country of birth, his current place, his current nationality or the place he died in, and his Domicile status may change from time to time when his intentions changed.

When a person dies, it is important to determine his Domicile, as it is where the probate process is to be obtained in relation to the Deceasedⁱ's estate.

There are various factors which can determine a Deceased's Domicile, including:-

1. whether he has purchased any property in the country

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If the value of the Deceasedⁱ's assets is less than S$3 million, the application is made in the Subordinate Courts of the Republic of Singapore. The Supreme Court deals with applications for Grant of Probateⁱ and Letters of Administrationⁱ where the value of the deceased's estate exceeds S$3 million, as well as applications for the Resealingⁱ of Grants of Representation obtained in the Commonwealth Country or certain approved country/territory.

In theory, it is possible to make your own application for either a Grant of Probateⁱ or Letters of Administrationⁱ without the assistance of a Lawyer.

However, in practice, as the Grant of Probate and Letters of Administration entails legal procedures and issues, it is advisable to engage a Lawyer who is experienced in Probate matters to assist you.

Under Intestate law, the following persons are entitled to apply to be appointed as the Administratorⁱ(s) of the deceased's estate in order of priority:-

(1) spouse (husband or wife)
(2) issues (lawful children)
(3) parents
(4) brothers or sisters
(5) issues of brothers or sisters
(6) grandparents
(7) uncles or aunts

If a deceased person died without a Willⁱ, i.e. intestacy, then then rules of distribution of his/her estate is governed by intestate laws.

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Please click this Link -

Intestate Succession Act (Singapore) (third party link)

Estate Duty has been removed for deaths occurring on and after 15 Feb 2008.

For deaths occurring prior to 15 Feb 2008, the applicable Estate Duty rates may be payable. Visit IRAS site at http://www.iras.gov.sg/irasHome/page03.aspx?id=1186 for more information.

Yes, you may apply to Reseal the Grant in Singapore if you has already obtained a Grant of Probateⁱ or Letters of Administrationⁱ in any part of the Commonwealth or other approved country or territory. Upon successful application, the Supreme Court (High Court)of Singapore will issue a Memorandum of Resealingⁱ.

The Supreme Court of Singapore (High Court).

Yes, we do.

Please refer to the Probateⁱⁱ and Administration Act at this Link.

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