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PROBATE IN SNGAPORE – WHAT TO DO WHEN A LOVED ONE PASSES AWAY IN SINGAPORE

  We explain what family members should do if a loved one passes away either with a Will or without a Will.

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PKWA PROBATE LAWYERS

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PROBATE IN SNGAPORE – WHAT TO DO WHEN A LOVED ONE PASSES AWAY IN SINGAPORE

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What is a Grant of  Probate in Singapore

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PKWA Probate Lawyers have been helping clients obtain Grant of Probate and Letter of Administration for over 3 decades.  Here, we explain what family members should do if a loved one passes away either with a Will or without a Will.

Probate is the process of proving and registering in the Family Justice Courts the last Will of a deceased person.  This is because when a person dies, somebody has to pay off their debts, collect their assets, and distribute them to the beneficiaries.

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The Executor

It is usually the Executor of the Will who administers the deceased’s estate and handles the disposal of their assets and debts.   The Executor needs authority to do this – he gets this authority by applying to court obtain a legal document called a ‘Grant of Probate’.

Think about it this way – If the deceased has monies in a bank account, the bank needs to be sure that they are releasing the money to the right person.   Or, if the deceased has a property, and that property needs to be sold so that the sales proceeds can be distributed to the beneficiaries, the purchaser needs to be sure that they are buying the property from someone with the legal authority to sell.  The Grant of Probate is the proof required – it tells the world that he, the Executor, has been authorised by the court to collect the deceased’s assets, to pay his debts and finally, to distribute them to the rightful beneficiaries.

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What happens if there is a Will?

How to obtain Grant of Probate

To obtain a Grant of Probate, the Executor named in the Will must apply to the Family Justice Court.  It takes about 2 months to obtain the Grant of Probate. The Grant of Probate is simply a court order confirming that the person who made the Will has died, the Will is authentic and the executor is the person authorised to take charge of the Estate.

If you are a beneficiary in the Will, you will not be able to apply for Grant of Probate in Singapore. Only the Executor who is named in the Will has the legal standing to apply for a Grant of Probate.  The Executor is thus a very important person because the assets will go to him first before he distributes it to you, the beneficiary.  This is why if you are making your own Will, you should choose your Executor very carefully. .

Once the Grant of Probate is issued, the Executor takes charge of the deceased’s Estate.  He must collect the deceased person’s assets, pay off his debts (outstanding loans, income tax, etc) and then distribute the remainder of the assets to the beneficiaries named in the Will.

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What happens if there is no Will?

How to apply for Letter of Administration

If the deceased person did not have a Will, then the family members need to apply for ‘Letters of Administration‘.  In this instance, as there is no Will, the person who will apply to Court for Letters of Administration is normally (but not always) the surviving spouse or the eldest child.  The assets are then divided according to the Intestate Succession Act. If you require further reading on Letters of Administration, please read our article on Letters of Administration here.

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PROBATE FEE PACKAGES

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.

Our probate fees are fixed, clear and transparent:

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SINGAPORE PROBATE LAWYER - grant of probate fees

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Wills and Probate

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Keen to discuss more?  Kindly contact PKWA Law for your free consultation with our lawyers.
Call Us At +65 6854 5336
Email Us At mail@pkwalaw.com