Probate law governs the legal process of administering a deceased person’s estate, ensuring that their debts are settled and their assets distributed according to their
wishes or, in the absence of a will, in accordance with Singapore’s intestacy laws. Where an individual passes away with a will (testate) the application to Court is known as applying for a Grant of Probate. Where an individual passes away without a will (intestate), the application to Court is known as applying for Letters of Administration.. This article provides an overview of probate law in Singapore, addressing key concepts like dying with or without a will, intestacy, contested wills, and other essential aspects.
Dying with a Will (Testate)
When a person dies leaving a valid will, they are considered to have died “testate.” A will outlines how the deceased wishes their assets to be distributed. The first step after death is applying for a Grant of Probate. This legal document provides the named executor the authority to manage the deceased’s estate, which involves:
(i) Settling debts and taxes.
(ii) Distributing assets according to the will.
(iii) Resolving any disputes or claims against the estate.
The executor is bound by Law and has a duty to follow the directions in the will, but if the will contains ambiguities or unclear instructions, the executor may apply to court for directions to interpret the provisions of the Will.
Key Points to Note in a Valid Will:
- The testator (person writing the will) must be at least 21 years old.
- The will must be signed in the presence of two witnesses.
- A will can be revoked or amended at any time by the testator before their death.
Contested Wills
A will may be contested if there are disputes about its validity.
Common grounds for contesting a will typically include:
- Undue Influence: If the deceased was coerced into making or altering their will.
- Lack of Mental Capacity: If the deceased lacked the mental capacity to understand the implications of their will.
- Fraud or Forgery: If the will was falsified or improperly created. In contested cases, the court will evaluate evidence and decide whether the will is valid. This can result in the will being upheld, modified, or nullified.
Probate for Small Estates
Singapore has provisions to simplify probate for small estates, which are defined as estates with a value of less than $50,000. In such cases, the executor or administrator may apply for the Public Trustee’s Office to administer the estate, thus reducing the complexity and cost of the probate process.
Dying Without a Will (Intestate)
When someone dies without a valid will, they are said to have died “intestate.” In this case, the Intestate Succession Act (Cap 146) governs how the estate is distributed.
The Act specifies a hierarchy of beneficiaries, namely:
1. Surviving spouse
2. Children
3. Parents
4. Siblings and other close relatives
If there are no relatives, the estate is passed to the Singapore government. To administer the estate, a family member (or close friend) can apply for a Grant of Letters of Administration, which functions similarly to a Grant of Probate but applies to intestate estates. The person granted this letter is called the administrator.
Intestate Succession Rules in Singapore
The distribution of assets under the Intestate Succession Act follows a fixed formula (for example):
- If the deceased is survived by a spouse but no children or parents, the spouse inherits the entire estate.
- If the deceased is survived by a spouse and children, the spouse gets half, and the children share the other half.
- If the deceased has no spouse, children, or parents, the estate passes to siblings, grandparents, or other relatives.
These rules can lead to unintended consequences, especially if the deceased had specific wishes for certain assets. To avoid this, it is important to make a will.
Debts and Insolvent Estates
Before any assets can be distributed, the deceased’s debts must be settled. If the estate is insolvent (i.e., the debts exceed the assets), creditors must be paid in a specific order outlined by the law. Beneficiaries will only receive assets if there is a surplus after debts are cleared.
Executors and Administrators
The role of an executor or administrator comes with legal and fiduciary duties, including:
- Opening an Estate Bank Account.
- Identifying and gathering the deceased’s assets.
- Paying off debts, including taxes.
- Distributing the remaining assets to beneficiaries.
- Managing estate accounts and ensuring transparency.
Executors and administrators can face personal liability if they mismanage the estate or fail to act in the best interest of the beneficiaries.
Importance of Professional Help
Navigating probate law can be complex, particularly when large estates, business interests, or contested wills are involved. Executors and beneficiaries often benefit from engaging a probate lawyer to assist with the application process, manage disputes, and ensure that the estate is handled properly. For estates that may face complications or contestation, legal assistance is crucial to avoid costly mistakes.
Conclusion
Probate law in Singapore ensures that the assets of a deceased person are distributed fairly, whether they leave behind a will or not. Understanding the key concepts, such as testate and intestate succession, contesting wills, and the roles of executors and administrators, is essential for those involved in estate planning or dealing with the loss of a loved one. By planning ahead and making a valid will with a law firm in Singapore, individuals can ensure that their wishes are respected, and their loved ones are spared from the complexities of intestacy laws.
Christopher Bridges Law Corporation specialises in providing will-drafting services, advice on succession, inheritance, and intestacy issues. In the event of an unexpected death in your family, our team of lawyers are experienced in family law and are able to assist you in administering the deceased’s estate by making an application to the Court to have a person appointed to legally continue representing the estate of the deceased.
Please feel free to reach out to a probate lawyer in Singapore at (+65) 6323 2328 or seccbridges@cbridgeslaw.com to schedule a free consultation.
