PROBATE & SUCCESSION

We have experience in drafting wills and advising on the requirements for valid bequests to be made by testators to chosen beneficiaries. We are sensitive to the needs of testator and are discreet in liaising and the handling the intended beneficiaries.

When a person passes away, he leaves his estate behind for administration by his personal representatives. In the event that the deceased leaves a will, his personal representative is generally referred to as the executor and the administration of the deceased's estate is governed by the terms of the will. Otherwise, the administration of the deceased's estate is governed by the Intestate Succession Act (Cap. 146). The administration of a deceased's estate involves the settlement of the deceased's liabilities and thereafter, the final distribution of the remaining assets to the beneficiaries of the deceased's estate.

Prior to the executor or the personal representative administering the estate of the deceased, the law requires that the executor or the personal representative apply and extract a grant of probate (if there is a will) or a grant of letters of administration (if there is no will) from the Courts. Generally, for the grant to be extracted from the Court, estate duty has either to be paid or to have such estate duty issues resolved satisfactorily with the Estate Duty Department.

Our lawyers are able to make the appropriate applications to the Court and/or to make submissions and representations to the Estate Duty Department for the purpose of facilitating the expeditious extraction of the grant of probate or letters of administration. We are also able to assist in making the necessary applications to the High Court for the resealing of foreign grants in Singapore so as to allow foreign executors and/or personal representatives to carry out their respective duties insofar as they relate to properties of the deceased located in Singapore.

All personal representatives and executors are trustees of the deceased's estate and as such, have duties in law to fulfill. We are able to advise executors or personal representatives in their duties and the manner in which their duties and responsibilities are carried out properly.