What if I do not make a will?

If you pass on without a will, your estate will be distributed in accordance with the rules of intestacy that can be found in the Intestate Succession Act. You may engage a Singaporean Wills and Estate lawyer to advise you on the various rules governing this act.

Without a personalized will, you may be disadvantaged. (1) Your estate may be distributed to people you do not intend to provide for or it may not be distributed to people you intend to provide for. (2) Furthermore, instead of being able to appoint your own executors, the courts will appoint administrators and guarantors to administer your estate instead after you pass on. These may not be people you trust. (3) Your family would also have to go through the hassle of applyingto the Court for Letters of Administration. This is generally more tedious and complicated than making a will. (4) Lastly, if you have young children, the person who applies to Court to be their guardian may not be someone who is ideal or who you trust.

As such, we strongly advise you to have a personalized will done up by a will writing service or a wills and estates lawyer in Singapore.

While you may write your own will as long as you are above 21, of sound mind and well informed, your homemade will may contain drafting mistakes or be incomplete. This may lead to a situation of disputed inheritance that may cause your family distress, incurring substantial costs in a legal battle. In a situation where its validity is contested, your homemade will may also be rendered ineffective or invalid.

Given the above, we strongly advise you to engage a lawyer when you want to write a will. At Gloria James-Civetta & Co, we offer expertise in will writing services and offer a free 20-minute consultation with one of our lawyers. Should you have any queries or should like to seek legal representation, kindly contact us at 6337 0469 or email us at consult@gjclaw.com.sg.

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Probate and Letters of Administration

General Information

Upon a person’s death, the person in charge of the administration and distribution of his or her estate is known as a (1) executor if the deceased had made a will, or a (2) personal representative if the deceased had not made a will.

Grant of Probate

If you are appointed as an executor in a deceased’s will, and the value of his or her estate exceeds $3 million, you will have to apply to court for a Grant of Probate within 6 months after the deceased has passed on. The Grant of Probate validates the will and is the official document authorizing the executor to deal with a deceased person’s estate.

Letters of Administration

If there is no will and the deceased has some property to be dealt with, the beneficiary who has a prior right under the intestacy laws will have to apply to court for a Grant of Letters of Administration. This is so that the courts can appoint personal representatives to administer and distribute the deceased’s estate.

Legal Advice Recommended

As the Grant of Probate and Letters of Administration involve complex legal procedures and issues, you are advised to engage a lawyer to aid you in your application.

Call Gloria James-Civetta & Co for your Probate & Letters of Administration matter on 63370469

• Wills ( Simple, Mutual, Complex )
• Wills incorporating Trust Deeds
• Probate
• Letters of Administration
• Resealing Grant of Probate
• Resealing Letter of Administration
• Settling Death Formalities
• Presumption of Death
• Mental Capacity Act ( Appointment of Deputy )

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Wills, Grant of Probate and Letters of Administration in Singapore

A will, according to the Wills Act in Singapore (1996), is a legal document, which states what a testator (person making the will) may devise, bequeath or dispose of his personal estate among his beneficiaries (those who will inherit under the will). Creating a will allows you to decide how your belongings should be distributed.

In Singapore, while anyone can make a Will, if the testator is 21 years or older, he is advised to consult a lawyer whom will advise and draft the Will according to law in Singapore. The major risk of not engaging a lawyer is that the homemade Will may be invalid and ineffective towards the testator’s beneficiaries.

When creating a Will, one should state the beneficiaries to whom he wishes to give away his property and assets. These assets can include the testator’s cash and shares; however, not a joint owned bank account or house. Furthermore, a list of liabilities should be included – stating how debts will be paid off. The executor, a person nominated by the testator to distribute the deceased’s assets to the beneficiaries upon his death, will have the duty of settling the deceased’s debts and executing the Will.

A Will is revoked by marriage, so it will be cancelled unless the Will was made in contemplation of marriage. One should review his Will regularly to ensure that all is in correspondence to the Wills Act and is updated with the testator’s life. Lastly, if one passes away without making a Will, his assets will be distributed according to the Intestate Succession Act, where then the personal representation will have to apply for Letters of Administration to obtain the testator’s assets.

Grant of Probate

If the decreased has estates, then A Grant of Probate (if decreased has left a Will) or Grant of Letters of Administration will be needed for the executor (person nominated by the testator to distribute the deceased’s assets to the beneficiaries) to be authorized to deal with the deceased’s assets. The executor should apply for a Grant of Probate within six months after the deceased’s death. If no Will is provided, the beneficiary should then apply to court for a Grant of Letters of Administration.

A Grant of Probate is a court order given to the executor; it is proof that the author of the Will has decreased, the Will is authentic and the executor is authorized to administer the Will. Once a Grant of Probate has been granted, the executor can then access the deceased’s assets. After which, the executor has the legal duty of paying off any debts before distributing the estates. The estate should be distributed according to the Will and the Law, with estate accounts signed and approved by both the executor and main beneficiaries.

Letters of Administration

If the decreased has estates, then a Grant of Probate (if decreased has left a Will) or Grant of Letters of Administration will be needed for the executor (person nominated by the testator to distribute the deceased’s assets to the beneficiaries) to be authorized to deal with the deceased’s assets. If no Will is provided, the beneficiary should then apply to court for a Grant of Letters of Administration.

Under Intestate law, the following people are able to apply as the Administrator of the deceased’s estate. In order of priority [1]

·         Spouse

·         Lawful children (above 18 years of age)

·         Parents

·         Brothers or sisters

·         Grandparents

·         Uncles or Aunts

    

The entitlement to the estate of the deceased in this circumstance will be determined according to the Intestate Succession Act (2013).

Probate Singapore FAQ. (n.d.). Singapore Lawyer . Retrieved July 24, 2014, from https://www.law.com.sg/probate/singapore-probate-faq

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