Probate Lawyer in Singapore
After the death of a person who left a Will, the executor appointed in the Will has to make an application to Court for a Grant of Probate. In the case of a deceased who did not leave behind a Will, an application for Grant of Letters of Administration should be made instead.
The Grant of Probate is a Court order giving powers to the executors to carry out the wishes of the deceased as per the Will.
If the total value of the assets is under 3 million, an application for the Grant of Probate can be made in the Family Justice Courts. Otherwise, the application should be made in the High Court of Singapore.
In the event that there is no executor named in the Will, you may make an application for Letters of Administration with Will annexed.
Even though most probate applications are non-contentious, given the large number of documents needed, it is still advisable for you to seek the assistance of a probate lawyer in Singapore to assist with the application for the Grant of Probate.
Procedure for Applying for a Grant of Probate in Singapore
Step 1
Your probate lawyer in Singapore will need the following documents from you:
- Original death certificate of the deceased;
- Original Will of the deceased; and
- NRIC of the executor(s).
Step 2
An application will be made in the Family Justice Courts by way of the e-litigation system. An ex parte originating summons (application) will be filed in Court along with the statement containing the information of the deceased and the applicant. Probate searches should also be conducted prior to the filing of the probate application.
Your probate lawyer in Singapore will also file a certified true copy of the death certificate and Will to Court. The Court will need the original Will for verification after the filing of the abovementioned documents.
Step 3
The executor will have to sign the following documents before a Commissioner of Oaths:
- The administration oath, wherein the executor affirms that he/ she will distribute the estate according to the deceased’s instructions in the Will.
- The supporting affidavit, wherein the executor affirms that the documents filed in step 2 are true and accurate.
- The schedule of assets, wherein the list of assets left behind by the deceased is disclosed along with their estimated values. Your probate lawyer in Singapore will be able to obtain information about the assets if you do not have them.
Step 4
There will be a hearing in Court where the executor does not need to attend. If all of the documents are in order, an order-in-terms of the probate application will be made. If the schedule of assets had been filed in Court in step 3, this is the end of the process. Otherwise, your probate lawyer in Singapore will proceed on to step 5.
Step 5
Your probate lawyer in Singapore will be able to write to the various financial institutions to request for information on the assets left behind by the deceased at this stage. Once the relevant information is received, the executor will sign the supplementary affidavit exhibiting the schedule of assets.
Step 6
Once the supplementary affidavit is filed, and if the Court has no further question, your probate lawyer in Singapore will be able to extract the Grant of Probate. This marks the end of the process.
How Long Does it Take?
In general, it takes 1 to 2 months for the completion of the probate process, assuming that you have complete information on the assets.
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