Probate applications in Singapore are often assumed to be straightforward administrative exercises. In practice, delays and complications frequently arise due to issues that surface before any documents are filed. A probate lawyer in Singapore typically spends significant time identifying and resolving these issues early to ensure a smoother process.
This article highlights less-discussed issues that can affect probate proceedings.
1. Validity of the Will: More Than Just a Signature
A will may appear valid on its face, yet still raise legal concerns. Common issues include:
-
Missing or improperly executed attestation clauses
-
Witnesses who are beneficiaries or spouses of beneficiaries
-
Unclear revocation of previous wills
-
Amendments or markings made after execution
A probate lawyer in Singapore will assess whether the will complies with formal requirements and whether supporting affidavits are needed to address potential defects.
2. Locating and Confirming the Latest Will
Where multiple wills exist, only the last valid will governs the estate. Problems arise when:
-
Earlier wills were not clearly revoked
-
Soft copies exist without original signed versions
-
The original will cannot be located
Courts may require additional evidence or affidavits to explain the absence of an original will. Early clarification prevents rejection or adjournment of probate applications.
3. Identifying Assets That Actually Require Probate
Not all assets fall under a grant of probate. A probate lawyer in Singapore will distinguish between:
-
Solely owned assets requiring probate
-
Jointly held assets passing by survivorship
-
CPF monies distributed under nomination rules
-
Insurance proceeds paid via valid nominations
Misidentifying assets can lead to unnecessary applications or incomplete administration.
4. Overseas Assets and Cross-Border Issues
Where a deceased owned assets outside Singapore, additional legal steps may be required. Depending on jurisdiction, this may involve:
-
Resealing of the Singapore grant
-
Separate probate proceedings overseas
-
Translation and notarisation of documents
Understanding these issues early avoids false expectations regarding timelines.
5. Executors’ Duties and Personal Exposure
Executors are personally responsible for administering the estate correctly. Common risks include:
-
Distributing assets before settling debts
-
Failing to account to beneficiaries
-
Misunderstanding tax or liability exposure
A probate lawyer in Singapore advises executors on compliance to avoid personal liability.
Conclusion
Probate in Singapore is not merely procedural. Early identification of potential issues — from will validity to asset classification — significantly reduces delays and disputes. Engaging a probate lawyer in Singapore before filing ensures that applications are legally sound and efficiently managed.
