Tuesday, 19 August 2014

A probate is a legal document authorizing one to administer the estate of a deceased.

There are two possible scenarios – When a deceased has made a will and when they haven’t.

1.   Grant of probate: should the deceased have a made a will before death, he would have appointed a personal representative who will have the power to execute the deceased’s wishes as laid down in the will. The representative will then have to apply to court for a Grant of Probate, which is simply a court order given to the executioner of the deceased’s will.

2.    Grant of Letters of Administration: If the deceased did not make a will before his death, beneficiaries who possess a right to his assets under the law will have to apply to court for a letter of administration. This grants them the power to administer the deceased’s estate.

Both applications for a probate or a letter of administration have to be applied for within 6 months of the death of the deceased.

Memorandum of Resealing

A memorandum of resealing is essentially a court order given to a person who has been granted a Grant of Probate or a Letter of Administration in any other approved country or territory.

Documents required for application

·         Originating summons (a document filed to begin a civil case)
·         Supporting documents eg. deceased’s death certificate, original will or a certified true copy of a foreign grant of probate if applicable
·         Affidavit in support of originating summons exhibiting a Statement (in Form 172 of the Rules of Court) and supporting documents
·         Administration Oath
  • Certificate of Result of Caveat Search (after a caveat search has been carried out)
Due to the extensive amount of legal procedures involved, one is advised to engage a probate lawyer in Singapore to discharge all the above paperwork.