GRANT OF LETTER OF ADMINISTRATION – WHAT IS THE DIFFERENCE BETWEEN A GRANT OF PROBATE AND LETTERS OF ADMINISTRATION?

You would need to apply to the court for a Grant of Probate if the deceased person had made a Will.  On the other hand, if the deceased did not make a Will, the family members will have to apply to the court to obtain a Grant of Letters of Administration.

  .PKWA Law

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GRANT OF LETTER OF ADMINISTRATION

You would need to apply to the court for a Grant of Probate if the deceased person had made a Will.  On the other hand, if the deceased did not make a Will, the family members will have to apply to the court to obtain a Grant of Letters of Administration.

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What happens to a person’s estate when he passes away

When an individual dies in Singapore, the bank accounts, property, personal effects and investments the deceased leaves behind are known as his “Estate”.  The person’s Estate needs to be distributed to his beneficiaries.  The beneficiaries need to get a Court Order that gives authority to whoever is dealing with the Estate to:

a. close bank accounts, cash in investments and sell or transfer property;

b.  pay off the deceased’s debts.

c.  distribute the remainder of the Estate to the beneficiaries.

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If the deceased had made a Will

If the deceased had made a will, the authority given by the court is called a Grant of Probate and the person dealing with Estate is called an “Executor”.

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If the deceased person did not make a Will

If the deceased did not make a will, the authority given by the court is called Letters of Administration, and the person dealing with the Estate is called the “Administrator”.

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If there was a Will – Grant of Probate

A Grant of Probate will only be issued to the Executor named in the Will.

The Executor is an essential person in the probate process – he collects the assets and distributes them to the beneficiaries.  The beneficiaries cannot replace him as the deceased had specifically appointed the Executor in his Will.  Hence, if you are thinking of making a Will, you should consider your choice of Executor very carefully. The Executor must be someone you trust, and who is capable of managing the probate process that can take several months to complete.

The Executor normally will do the following:  deal with the deceased’s affairs, sell the deceased’s assets, pay off debts and finally,  distribute the assets to the beneficiaries named in your Will.

The Grant of Probate is legal confirmation from the Court that the Will is valid. The financial institutions that require a Grant of Probate want to be sure that the Will is valid and the named Executors are the correct people responsible for dealing with the Estate before any funds are released to them.

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If there was no Will – Letters of Administration

.Letters of Administration are similar to a Grant of Probate but are issued instead to the next of kin of an individual who dies without a Will.

If you have not made a Will, this means you have not appointed a specific person as your Executor to administer your Estate.   Accordingly, the law prescribes a list of persons who can apply for Letters of Administration. The persons who can apply for Letters of Administration (in order of priority) are as follows:

  1. the spouse;
  2. the children of the deceased;
  3. the parents;
  4. brothers and sisters;
  5. nephews and nieces;
  6. grandparents; and
  7. uncles and aunts.

It is not uncommon that the person(s) who has priority to apply for Letters of Administration may not want to do so and all the beneficiaries agree that someone more suitable should become the Administrator instead.   In such an instance, the beneficiaries can “renounce” their right to be the administrator in favour of someone.

Where the person did not leave behind a will, section 7 of the Intestate Succession Act kicks in.  Section 7 spells out the division and distribution of the assets.  So, if the deceased has no parents or children, the spouse will be entitled to the whole of the inheritance.   If the deceased had children and spouse, then the estate will be divided such that the spouse gets 50% and the children get the remaining 50% equally.

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How we can help

At PKWA Law, our experienced Probate Team help clients obtain a Grant of Probate and Letters of Administration.  Our fixed fees are described below:

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PKWA LAW’S FIXED FEES FOR GRANT OF PROBATE AND LETTERS OF ADMINISTRATION

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Letter of Administration, Grant of Probate Lawyers - PKWA Law

*Fees do not include GST and disbursements.

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ABOUT PKWA LAW

PKWA Law has been recognised as one of “Singapore’s Best Law Firms” in 2021 by the Straits Times.  Our lawyers are also consistently ranked as leading family lawyers by respected publications such as the Asian Legal Business, Benchmark Litigation Asia Pacific and Doyles‘ Guide.

Contact us at tel 6854-5336 for a free first consultation or visit us at www.pkwalaw.comwww.sgdivorcelawyer.sg and https://www.pkwalaw.com/our-fees.html.

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Difference Between a Grant of Probate and Letters of Administration

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