Probate

Wills and Probate Lawyers

In Singapore, probate refers to the legal process through which a deceased person’s estate is administered and distributed according to their Will, if one exists. If no Will is found, the estate is distributed under the Intestate Succession Act. This procedure involves securing legal documents from the court—either a Grant of Probate or Letters of Administration—depending on whether the deceased left a Will. Engaging a probate lawyer in Singapore helps to smoothen the process and ensure that all legal steps are handled properly and quickly.

Distribution of Assets

Grant of Probate

If a person passes away with a Will, the executor named in the Will must apply for a Grant of Probate. This legal document authorises the executor to manage and distribute the deceased’s assets according to the Will. To apply, the executor needs to produce the original Will and other supporting documents. The assets are then distributed in line with the deceased’s wishes as outlined in their Will. Working with the best probate lawyer ensures that these steps are completed correctly and swiftly.

Letters of Administration

In the absence of a Will, the next of kin must apply for Letters of Administration. This legal document permits the appointed administrator to distribute the deceased’s assets. The distribution follows the Intestate Succession Act, which typically allocates 50% of the assets to the spouse and the remaining 50% to the children. The administrator must also produce various documents, including the death certificate and a consent form from a co-administrator if applicable. Affordable probate lawyers can assist in filing these accurately and quickly.

Steps to Filing a Probate Application

The probate application process involves three key stages:

1. Filing the Originating Summons and Supporting Documents

These documents include the Statement, Certified True Copy of the Death Certificate, the Administration Oath, a Certified True Copy of the Will, Consent of a Co-Administrator, Inheritance Certificate, and other relevant documents.

2. Filing the Supporting Affidavits and Schedule of Assets

This stage involves submitting affidavits that detail the deceased’s assets and liabilities.

3. Sureties and Affidavit of Justification

If sureties are required, particularly when minors are involved, an Affidavit of Justification must be filed to obtain an Administration Bond. Alternatively, beneficiaries can file an affidavit to request the court to dispense with the need for sureties. If granted, an Order of Court will be issued.

Once all required documents and affidavits are filed and complied with, the court will issue the Grant of Probate or Letters of Administration. The entire process generally takes between four to six weeks. Involving wills and probate lawyers in this process ensures it moves smoothly from start to finish.

The Importance of Writing a Will

Regardless of life stage or asset ownership, it is crucial to write a Will. A Will helps prevent disputes over asset distribution and ensures that your wishes are followed. Significant life events, such as marriage, divorce, or the birth of children, should prompt a review and update of your Will.

Writing a simple Will typically costs around S$150 and can be completed in one to three working days. A Will provides clarity and peace of mind, ensuring your assets are distributed according to your wishes and reducing potential conflicts among your heirs. For creating or updating your Will, seek advice from a probate lawyer in Singapore or qualified wills and probate lawyers to ensure all legal aspects are properly addressed.