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When a person passes away in Singapore, the process of dealing with their estate depends largely on whether they left behind a valid Will. 2 main legal instruments govern this process: the Grant of Probate and the Grant of Letters of Administration. While both documents empower individuals to manage the deceased’s estate, they apply in different situations and follow distinct procedures.
However, it should be noted that some assets bypass the probate process entirely:
A Grant of Probate is a legal document issued by the Family Justice Courts that authorises the executors named in the deceased’s Will to administer the estate. Only the executors of the Will are allowed to apply to the court for a Grant of Probate. After the court has issued the grant, the executor can then start collecting, managing, and distributing the deceased’s assets according to the instructions in the Will. In Singapore, matters relating to probate is governed by the Probate and Administration Act 1934.
A Grant of Letters of Administration are issued by the court when a person dies intestate. This occurs when a person passes away:
The Letter of Administration empowers an eligible individual, who is usually a close family member, to act as the administrator of the estate. Similar to a Grant of Probate, administrative matters are governed by the Probate and Administration Act 1934.
Only beneficiaries who are entitled to the deceased’s estate are allowed to apply for a Grant of Letters of Administration.
In both Grant of Probate and a Grant of Letters of Administration, the applicant must file an application with the Family Justice Courts and submit the required supporting documents. If any of the documents are missing or are not accepted by the court, the court may request the applicant to attend a hearing to clarify the issues. Once the court is satisfied that all requirements have been met, they will issue the appropriate document. Either the Grant of Probate or the Grant of Letters of Administration, which authorises the applicant to begin managing and distributing the estate.
Once appointed, the executor must distribute the estate according to the Will, while the administrator must follow the Intestate Succession Act. Failure to do so could expose them to personal liability, as beneficiaries have the right to take legal action if they believe the estate has been mishandled.
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