Legal
Fast Facts
What Happens To the Property Of
A Family Member When He/She Passes Away?
What Should The Next Of Kin Do?
|
|||||||||||||||||||||||||||||||||||||||||||||||
 |
 |
||||||
 |
|||||||
 |
|||||||
NO KNOWLEDGE OF WILL ESTATE LESS THAN 50K ESTATE LESS THAN 50K LAWYERS CAN ASSIST FAMILY MEMBER IN APPLYING FOR A
GRANT OF LETTERS OF ADMINISTRATION PUBLIC TRUSTEE CAN ADMINISTER LAWYERS WILL: II) WRITE TO WILLS REGISTRY TO OBTAIN WILL INFO I) ADVERTISE IN LAW SOCIETY’S LAW GAZETTE LAWYER
CAN ASSIST EXECUTOR TO APPLY TO COURT FOR A GRANT OF PROBATE
When a family member pass away, most of us
are usually at a loss as to how to handle the assets/property left behind by
him/her. This article provides a
quick snap-of-the fingers solution.
S/N IF THE DECEASED HAS A WILL:
If family members and the appointed
executor(s)
know about the will
An Application to the court for a
Grant of Probate
must be done.
Once the Grant of Probate is issue,
the Will becomes
a public document. The original Will is retained by
the Court. The Executors will be given a copy of the
Will together with the
Grant. All the deceased’s
property and assets will then
pass to the Executors,
who will have
responsibilities of administering and
distributing the estate
according to the instructions in
the deceased’s Will.
However, the Executors have the
power by virtue of
your Will to act even before
the Grant of Probate is
issued.
2(i) If you suspect he has a will, or if you
know he has a
will, but the executors are
not known – What should
you do?
Place and advertisement – in the
Law Gazette
The deceased’s particulars and a
copy of the
deceased death certificate
are required. The cost of
each notice is $82.40.
2(ii) How to obtain information pertaining to a
Will
Only the following persons may
make a search for
information pertaining to a
Will by submitting the
prescribed Application Form
to the Wills Registry:
·
The
testator himself, upon proof of his identity
·
The
solicitor who is assisting the testator to draw up any subsequent Will
·
The
solicitor acting for the estate of the deceased testator/deceased, upon
production of the deceased’s death certificate; or
·
The
next of kin or beneficiary of a deceased testator/deceased, upon production
of the deceased’s death certificate and documents establishing his/her
relationship
·
Cost
of such application - $10.00
·
Contact
of The Public Trustee The Ura Centre, East Wing. 45 Maxwell Road, #06-11 Singapore 069118. Tel: 63251496/ 63251501 Fax:
63251418. Website:
www.minlaw.gov.sg/ipto
IF THE DECEASED HAS NO WILL
Estate
less than S$50K
The
Public Trustee can administer such small estates of deceased persons where
the value of the estate does not exceed $50,000.00
Estate
more than S$50K
·
Members
of the deceased’s family may apply for grant of letters of administration, to
be the Administrator
·
However
the law gives priority to certain members of the family over others and there
are different requirements should there be minor beneficiaries as well
·
If
the value of the estate of the deceased is below S$3 million, the application
is made in the Subordinate Courts. If
the value of the estate of the deceased exceeds S$3 million, the application
is made in the Supreme Court
·
Once
the Administrator has extracted the Grant of Letters, the Administrator will
to administer the Estate according to the Intestate Succession Act
·
In
this respect, the benefit of having a will is that the testor can choose his
beneficiaries and the share of his estate that he wishes to bequeath to the
chosen beneficiaries
·
Without
a will, the share distribution is in accordance with the laws of the
intestate Succession Act, and the Deceased would have no say in such
distribution at all
·
Many
law firms are able to advise and assist in the above
KKYAP & PARTNERS