Introduction

This month’s FLP newsletter will examine the process of non-contentious probate and administration.

What Is Probate And Adminstration?

The word ‘Probate’ or the phrase ‘Letters of Administration’ (collectively referred to as letters of representation) refer to the authority conferred onto to the personal representatives of a deceased person.

Who Can Apply For Probate?

Persons may die testate or intestate. Dying testate means dying with a will and dying intestate means dying without having made a will. The term ‘personal representative’ covers both such scenarios.

Where one leaves behind a will, the personal representative is called an executor and they will apply for a grant of probate. Where one dies without a will or if there is a will but the executor has renounced applying for probate, the personal representative, assuming he has taken out letters of administration, is called an administrator and they will apply for a grant for letters of administration.

When Must Executors And Administrators Apply?

It is encouraged to apply within six months of the death of the deceased, as any applications filed after six months has elapsed will require the reason for the delay to be explained in the application form.

Preliminary Consideration And Practical Steps To Take When Someone Passes Away

Before approaching your lawyer to apply for a grant of probate or a letter of administration, you should try to ensure that you have ascertained the assets left behind by the deceased as well as the value of these assets. This will determine the probate jurisdiction of the courts that the application will be filed under, either at the Family Division of the High Court (estate value exceeding $5 million) or the Family Courts (estate value less than $5 million).

As the Courts will subsequently require a schedule of assets before granting probate or letters of administration, if the exact assets of the deceased are not known beforehand, additional time and effort will often be required by lawyers in enquiring with the various authorities and institutions such as HDB, banks, insurance companies, both locally and overseas to check if the deceased held assets with them. Contents of safe deposit boxes will also need to be ascertained. This tends to be an area of delay that applicants commonly face as financial institutions may not revert with utmost haste.

Importance Of Obtaining The Grant Of Representation

You need the grant of the respective letters of representation in order to dispose of or distribute the deceased’s assets. A will does not give the executor and trustee the power to dispose of a deceased’s assets. The will only grants the title to the deceased’s assets to the executor.

In order to carry out a valid act set out in the will; you will have to apply for the Grant of Probate. Thus, Therefore, if you have to dispose of the deceased’s property, transfer the shares that he owned, open up the safe deposit box that he had in the bank, register the name of the beneficiaries with the Registrar of shares in companies where the deceased held shares, you need the Grant of Probate.

Likewise, in order to administer the estate of a deceased who did not have a will, you will have to apply for the Grant of Letters of Administration.

Procedure Of Obtaining Grant

Conclusion

In essence, the procedure for obtaining a grant of Probate or a grant for Letter of Administration is not a complicated one. However, delays and complications may arise in the event of a lack of the required documents on hand, uncertainty over the deceased’s assets, or where there are conditions that require more than one Administrators and sureties to be found.

The administration of our loved one’s estates should be carried out swiftly and efficiently. Here at Sim Mong Teck & Partners, rest assured that our experienced and knowledgeable lawyers are well-placed to systematically guide you throughout the process of obtaining a grant of Probate or Letters of Administration.