When someone passes away, managing their money, property, and assets (referred to as the “estate”) can seem complicated, but help is available. This article provides a general guide on what you need to do when handling the estate of someone who has passed away in Singapore, following local inheritance laws. For more detailed support please get in touch with a lawyer.
The first step is to determine whether the deceased left a will. Depending on the presence or absence of a will, different legal processes will apply.
- If a will exists, you will need to apply for a Grant of Probate and act as the executor of the estate.
- If no will exists, you will need to apply for Letters of Administration and act as the administrator of the estate.
It is highly recommended to engage a lawyer to assist with these processes, as they can be legally complex. Only the executor or administrator can manage certain tasks related to the deceased’s estate. If you are not the executor or administrator, it is important to work closely with the person who is.
Key Steps in Managing the Estate
- Check for a will: Verify if the deceased left a valid will.
- Apply for a Grant of Probate (if there is a will): This grants you the legal right to manage the estate OR
- Apply for Letters of Administration (if there is no will): This allows you to administer the estate based on the rules of intestacy.
- Assess the estate: Determine the deceased’s assets and estimate their total value.
- Settle debts: Pay any outstanding debts, bills, or taxes left by the deceased.
- Distribute the estate: Follow the instructions in the will or, if no will exists, distribute the estate according to Singapore’s Intestate Succession Act.
Checking for a Will
The first step is to determine whether the deceased left behind a valid will. This can be done by:
- Searching through personal belongings for the will.
- Asking close family members or friends if they are aware of the will’s location.
- Contacting the lawyer who drafted the will.
- Searching the My Legacy Vault or the Wills Registry, managed by the Public Trustee’s Office.
You can find more information about the Wills Registry on the Singapore Academy of Law website.
If There Is a Will
A will provides instructions on how the deceased’s estate should be distributed. The person named in the will to manage the estate is called the executor. If the will is valid, the executor must apply to the court for a Grant of Probate to gain the legal authority to carry out the wishes outlined in the will.
Applying for a Grant of Probate can be a complicated process, and it is advised to seek legal assistance. To apply, the executor will need to:
- Prepare a Schedule of Assets, listing all the deceased’s property and money.
- Submit all required documents to the court for approval.
For detailed steps, refer to the guide on how to apply for a Grant of Probate.
When There Is No Executor for the Will
There may be instances where a will exists, but no one is available to act as executor. This could happen if:
- The will does not appoint an executor.
- The named executor renounces their role.
- The executor is unable to fulfil their duties (due to death, incapacity, or bankruptcy).
In such cases, the beneficiaries can apply for Letters of Administration with Will Annexed. This will allow them to act as administrators and distribute the estate according to the deceased’s will. The application process for these Letters is similar to that for standard Letters of Administration.
If There Is No Will
If the deceased did not leave a will, the estate will be subject to intestate succession. This means that the estate must be distributed according to Singapore’s Intestate Succession Act. Family members of the deceased will need to apply for Letters of Administration to become administrators of the estate.
As with probate, it is advisable to engage a lawyer when applying for Letters of Administration, as the process can be legally complex. The administrator will need to:
- Prepare a Schedule of Assets, listing all the deceased’s property and money.
- Submit all required documents to the court for approval.
When the Estate Value Does Not Exceed $50,000
If the total value of the deceased’s estate does not exceed $50,000, family members can apply to the Public Trustee’s Office (PTO) for the Public Trustee to administer the estate. The PTO will distribute the assets according to the Intestate Succession Act. If the deceased was a Muslim, the estate will be distributed according to Muslim inheritance law (faraid).
Alternatively, family members can choose to handle the estate themselves by applying for Letters of Administration.
Muslim Inheritance Law in Singapore
For Muslim citizens or permanent residents in Singapore, inheritance matters are governed by faraid (Muslim inheritance law). This law dictates how the estate should be distributed, who the beneficiaries are, and how much each is entitled to, in accordance with principles found in the Quran, Sunnah, and Hadith.
In Singapore, faraid follows the Shafi’i school of thought unless it can be shown that the deceased adhered to a different school. The Syariah Court will issue an inheritance certificate listing the beneficiaries and their respective shares of the estate.
Understanding and managing a deceased person’s estate can be a complex process, but with the right legal guidance, it can be handled smoothly while adhering to Singapore’s inheritance laws.
