Singapore Probate Guide: Executor Duties, Powers & Limits
When a person passes away leaving a will, the executor plays a central role in ensuring that the deceased’s wishes are properly carried out. In Singapore, an executor’s duties are governed by the will itself, the Probate and Administration Act, and general principles of fiduciary responsibility.
An executor has to apply for a Grant of Probate or Letters of Administration. His primary duty is to act in the best interests of the beneficiaries and to administer the estate honestly, diligently, and in accordance with the law.
Key Responsibilities of an Executor
In most estates, an executor is responsible for the following tasks:
- Registering the death with the relevant authorities
- Locating the original will and confirming its validity
- Arranging the funeral, if no other arrangements have been made
- Safeguarding estate assets, including property, bank accounts, and valuables
- Notifying banks, insurers, CPF Board, and financial institutions of the death
- Identifying and valuing estate assets, including property, investments, and insurance proceeds
- Preparing and filing the probate application with the Family Justice Courts
- Paying outstanding debts and liabilities of the estate
- Distributing the estate to beneficiaries according to the will
Once the Grant of Probate is issued, the executor is legally authorised to collect and deal with the estate assets.
What an Executor Must Not Do
Being an executor comes with significant legal responsibility. An executor must not:
- Act contrary to the terms of the will
- Put personal interests ahead of the beneficiaries
- Delay or neglect the administration of the estate without good reason
- Misuse, misappropriate, or withhold estate assets
- Prefer one beneficiary over another without legal basis
- Cause loss to the estate through carelessness or misconduct
Executors owe a fiduciary duty to all beneficiaries. If their actions (or inaction) result in financial loss, they may be held personally liable.
Can One Executor Act Without the Others?
If a will appoints more than one executor, they are generally expected to act jointly.
However, in practice:
- An executor who does not wish to act may renounce their role before probate is granted
- Alternatively, probate may be granted to one executor with power reserved to the others, allowing them to step in later if needed
Once an executor has started dealing with the estate, stepping aside becomes more complicated and legal advice should be sought.
Can an Executor Act Alone?
Yes. A will may appoint only one executor, and that executor may administer the estate alone.
That said, certain situations may require additional appointments. For example, where a continuing trust is created under the will, a second trustee may need to be appointed even if there is only one executor.
Can Executors Act Independently of Each Other?
Where multiple executors are appointed, decisions should be made together. While one executor may take on a more active role, all executors remain jointly responsible for the administration of the estate.
This means:
- Less active executors are still liable for improper acts
- Executors must keep each other informed
- Lawyers engaged for probate typically act for all executors collectively
Can an Executor Change a Will?
No. An executor has no authority to change the terms of a will.
In limited circumstances, beneficiaries may agree to vary how an estate is distributed through a Deed of Family Arrangement or similar agreement. This requires the consent of all affected beneficiaries and does not give executors unilateral power to alter the will.
Can an Executor Decide Who Gets What?
No. Executors do not decide entitlements. Their role is to implement, not rewrite, the deceased’s instructions.
Executors manage the process but must distribute assets strictly in accordance with the will (or intestacy rules, where applicable).
Can an Executor Witness a Will?
Yes. An executor may witness a will only if they are not also a beneficiary.
If a beneficiary witnesses a will, their gift may be rendered invalid under Singapore law.
Can an Executor Benefit Under the Will?
Yes. It is common for an executor to also be a beneficiary, particularly where a spouse or close family member is appointed. This is lawful, provided the executor did not act as a witness to the will.
Can an Executor Be the Sole Beneficiary?
Yes. An executor may also be the sole beneficiary of the estate. This frequently occurs where a surviving spouse inherits the entire estate.
Can an Executor Remove a Beneficiary?
No. Executors have no power to remove or exclude beneficiaries named in a will. Failure to distribute an inheritance as directed may expose the executor to personal liability.
Can Executors Resolve Disputes Between Beneficiaries?
Executors may assist with practical administration issues, but disputes involving interpretation of the will, entitlements, or fairness should be referred for legal advice or resolved through the courts if necessary.
Can an Executor Resign?
Yes. An executor may renounce their role before probate is granted.
Once probate has been granted, resignation is more complex and may require court approval.
Can an Executor Be Changed After Death?
Generally, no. Once a person has passed away, the executor named in the will stands unless:
- The executor renounces their role
- The court removes the executor due to misconduct or incapacity
If there is no executor willing or able to act, a beneficiary may apply for Letters of Administration with Will Annexed.
Can an Executor Live in the Deceased’s Property?
Not automatically. An executor has no right to occupy estate property unless:
- They were already living there, or
- The will grants a right of occupation, or
- All beneficiaries consent
If occupation is allowed, rent may need to be paid to the estate.
Can an Executor Sell Property?
Yes. Executors may sell estate property to pay debts or distribute proceeds, subject to:
- Restrictions in the will
- Joint ownership arrangements
- Beneficiary agreements
Can Executors Be Held Liable?
Yes. Executors may be held accountable for breaches of duty even years after the estate is administered. Claims may arise where beneficiaries suffer loss due to negligence, delay, or misconduct.
Speak to a Probate Lawyer in Singapore
At PKWA Law, our probate lawyers regularly assist executors and administrators in Singapore with obtaining Grants of Probate and Letters of Administration efficiently and correctly.
We can help you:
- Confirm whether probate or letters of administration are required
- Prepare and file the probate application with the Family Justice Courts
- Advise you on their legal duties and responsibilities
- Clarify next steps once the Grant is issued
