Overview
Estate & Inheritance
When someone passes on, the deceased's money, property and assets may be left behind (their "Estate").
This article provides general guidance on what you have to do when managing someone's Estate after they pass away.
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First Steps
Is there a will left behind?
First and foremost, it is imperative to check whether the deceased person had left a will behind.
If the deceased person left a will, you will have to apply for a 'Grant of Probate' and become the executor of the deceased's estate. (Read More: Grant of Probate)
If the person did not leave a will, you will have to apply for 'Letters of Administration' and become the administrator of the deceased's estate. (Read More: Letters of Administration)
Summary: What you need to do
Your will want to:
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Check if there's a will left behind by the person.
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Apply for a Grant of Probate if the person left a will or Apply for Letters of Administration if the person did not leave a will
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Determine what assets were owned by the deceased and estimate the total value of the estate.
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Pay off any of the deceased's outstanding debt, bills or taxes.
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Distribute the assets to the beneficiaries according to the will or in accordance with the Intestate Succession Act 1967.
(if there's no will).
Checking if there's a will
The first step is to check if there's a will left behind by the person who has passed away.
You can check if there's a will by:
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Going through his or her personal belongings
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Asking close family members or friends if they know where the will was kept
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Asking the lawyer who helped to draft the will
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Searching for will information in My Legacy Vault
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Searching for will information in the Wills Registry (managed by the Public Trustee's Office)
You may read more about the Wills Registry at the Singapore Academy of Law website.
If the person had left a will
A will states what should happen to a person's money, property and assets (their 'Estate') after they pass away.
An executor is someone named in the will, or in an update to the will (a 'codicil'), as a person who is nominated to distribute the deceased's estate. ("Executor")
If the person had left a will behind on their wishes to the Estate, the Executor has to apply to the court for a Grant of Probate to obtain the legal right to distribute the deceased's Estate according to the will. The Grant of Probate gives the Executor(s) legal authority to manage and distribute the deceased's Estate according to the will. The Executor(s) will be able to approach various government agencies, banks and other organisations to request for access to the deceased's Estate.
Applying for a Grant of Probate can be complicated and you are advised to engage a lawyer to help with the application.
To apply for a Grant of Probate, you will have to:
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list down all of the deceased's estate, money, and property in a Schedule of Assets
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submit all the required documents to seek the court's approval
Read more about how to apply for a Grant of probate.
Will without Executor
Even if the deceased had left a will behind, there may be situations when there is no one left to execute the estate.
This scenario may happen when:
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there is no executor appointed by the will
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the executor named in the will decides not to be one and renounces their rights legally
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the executor is no longer able to carry out their duties (e.g. due to death, incapacity or bankruptcy etc.)
In such situations, the beneficiaries named in the will must apply for 'Letters of Administration with will annexed' to become an 'Administrator' of the estate.
With a 'Letters of Administration with will annexed', the Administrator(s) can distribute the deceased's estate according to the deceased's will.
The process of applying for 'Letters of Administration with will annexed' is similar to applying for 'Letters of Administration'.
Read more about how to apply for Letters of Administration.
If the person did not leave a Will
A will states what should happen to a person's money, property and assets (their 'Estate') after they pass away.
If the person did not leave a will, the deceased person's Estate will fall into intestacy in accordance with the Intestate Succession Act 1967 ("IS Act")
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Family member(s) of the deceased must apply for a 'Letters of Administration' to become an 'Administrator' of the estate, before they can distribute the estate according to the IS Act. This court order appoints the next of kin as the personal administrator of the estate, responsible for collecting assets, settling debts, and distributing the remainder to the beneficiaries.
The IS Act specifies who can apply for Letters of Administration. They are in order of priority:
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Spouse
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Children
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Parents
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Siblings
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Nephews and nieces
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Grandparents
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Uncles and aunts
The court will grant the Letters of Administration to the applicant, which the court assesses to be the best person to manage the deceased’s estate. It is advisable that you engage a lawyer to assist you the application, as the process to apply for the Letters of Administration can be complicated.
In order to apply for the Letters of Administration, you will be required to:
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list down all of the deceased's estate, money, and property in a Schedule of Assets
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submit all the required documents to seek the court's approval
Read more about how to apply for Letters of Administration.
Muslim inheritance law in Singapore
If the deceased was a Muslim citizen or permanent resident in Singapore, the distribution of their estate must be in accordance with the Muslim inheritance law, also known as the 'faraid'.
The Muslim inheritance law will define what assets can be distributed, who the beneficiaries are and the amount each beneficiary will receive, according principles found in the Quran, Sunnah and Hadith. Muslim inheritance law in Singapore will follow the Shafi'i school of thought unless there is proof that the deceased followed a different Islamic school of thought.
The Syariah court will issue an inheritance certificate that lists down the faraid beneficiaries, their relationship to the deceased and their share of inheritance.
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Read more about Muslim inheritance law at the Muis website.
You may wish to speak with our panel of Syariah lawyers.
Final Notes:
If a loved one has just passed on, it can be an overwhelming and emotionally difficult task for the family members to deal with the deceased’s estate. If you require further assistance, you may enquire our service to get in touch with a law firm. The law firms will strive to provide a a professional and compassionate service to clients clients who have lost loved ones, and require legal assistance with applications to obtain a Grant of Probate or a Letter of Administration.
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