WHAT IS A GRANT OF PROBATE, AND HOW TO APPLY

GRANT OF PROBATE

.Date: 20 May 2021

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When is probate required?

When someone in the family passes away, the toll on the family can be devastatingly hard.  The death of a loved one takes an emotional and financial toll.  Unfortunately, there are many legal, financial and administrative matters to be taken care of when someone dies.

The most important legal matter is probate.

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What is a Grant of Probate

Gant of Probate is the judicial process whereby a will is “proved” in a court of law and accepted as the true last testament of the deceased. Therefore, the first step in the legal process of administering the estate of a deceased person is to obtain the Grant of Probate.

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What are Letters of Administration

If there is no will, the estate is administered according to the laws of intestacy.  This is done by obtaining Letters of Administration.

Having a clearly written will is one way to make the probate process easier for your loved ones. After all, your will doesn’t only specify who should inherit what. It also designates who you’d like to take care of your kids if both parents were to pass away, plus the executor who should fulfil the instructions in your will.

Before applying for the Grant of Probate or Letter of Administration has been obtained, the executor will ascertain the assets and liabilities of the estate.

Your probate lawyer then applies to the court for a Grant of Probate or a Letter of Administration.

If there is no will, the Probate Court issues a Grant of Probate.  If there is a Will or a Grant of Letters of Administration.

The Executor (with a Will) or Administrator (without a Will) collects the assets and pays the bills and liabilities.  What is left behind is distributed either in accordance with the instructions set out in the Will or as set out in the Intestate Succession Act if there is no Will.

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Before meeting your probate lawyer – Organize important documents

The executor of the deceased’s estate needs to gather important paperwork and documents before meeting us.  We suggest that you gather these documents:

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Documents to bring for Grant of Probate (where there is a will)

  • The original will of the deceased
  • Original death certificate
  • Original NRICs/passports of the executors

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Documents to bring for Letter of Administration (where there is no will)

  • Original death certificate
  • Original NRICs/passports of the administrator
  • Birth certificates and NRICs of the beneficiaries

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Contact us for a free probate consultation – Tel 6854-5336

If you have suffered a bereavement, we know it can be difficult to cope with the practical issues and emotional loss. We are here to help you during this stressful time.

Our team has three decades of experience in dealing with probate and administration of estates.  Contact us at tel 6854-5336 for a free consultation.

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Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only and to enable you to learn more about our firm, our services and our lawyers.  Information on this website may not constitute the most up-to-date legal or other information.  Readers of this website should engage a lawyer to obtain advice with respect to any particular legal matter.

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