The death of a loved one is usually traumatic, especially if it’s sudden. While the family is mourning it’s difficult for them to focus on how the deceased’s estate should be handled. However, this cannot be put off for long as the assets and debts left by the deceased must be dealt with. Someone must take responsibility and it probably will be a close family member.

Each estate must be managed by someone who assumes the role of the deceased’s personal representative. They will need to obtain a Grant of Letters of Administration or a Grant of Probate in order to take over the handling of the deceased’s assets and debts in Singapore. These grants authorise the deceased’s personal representative to manage the estate.

However, obtaining either type of grant may not be necessary if the deceased left only a small amount of money in his/her bank account. In that case the bank may allow the personal representative to withdraw the balance even without a grant.

If the deceased owned assets outside of Singapore, those other countries may require the personal representative to apply for a grant. But this article will only cover the grants that Singapore requires. 

Table of Contents

When is a Grant of Probate Necessary?

When is a Grant of Letters of Administration Necessary?

What Differentiates a Grant of Probate from a Grant of Letters of Administration?

When is a Grant of Probate Necessary?

A Grant of Probate is a document issued by the court that gives the executor(s) of the will the right to carry out the deceased’s last wishes as written in his/her will.

When someone in Singapore writes a valid will before they die, the executor(s) of the estate as named in the will must apply for a Grant of Probate with the Singapore Family Justice Courts. This applies to the wills of both Muslims and Non-Muslims.

In Singapore most wills name one or more executors, however there are some in which there is no executor named. There are also cases in which the executor(s) designated by the deceased refuse to administer the estate. In these cases, the court will appoint someone it considers most appropriate to administer the estate. The court does not issue a Grant of Probate in these cases, but issues what’s called a “Grant of Letters of Administration with the Will annexed.” 

When is a Grant of Letters of Administration Necessary?

If someone dies without leaving a valid written will, the grant that the court will issue is the Grant of Letters of Administration.

If the deceased was a non-Muslim living in Singapore at the time of his/her death, the rules set forth in the Intestate Succession Act would need to be followed. This means that the most appropriate person based on the order of priority in the ISA would typically be the one applying for the Grant of Letters of Administration.

On the other hand, if the person was a Muslim living in Singapore at the time of his/her death, the Administration of Muslim Law Act and Syariah law would apply instead. Accordingly, the appropriate person to be applying for the Grant of Letters of Administration, and who would administer the deceased’s estate, would be the one with the most shares in the estate according to the Inheritance Certificate. This is a document that the Syariah Court must issue before an application can be made for the Grant of Letters of Administration.

Most Grants of Letters of Administration are issued in situations in which there is no valid will, however there are cases when there is a will, but the deceased designated no executor(s) or the executor(s) named refuse to administer the estate according to the instructions set forth by the deceased in his/her will. In cases like these a Grant of Letters of Administration with a Will annexed must be issued instead.

What Differentiates a Grant of Probate from a Grant of Letters of Administration?

Disclaimer: The information provided in this article does not constitute legal advice. We recommend that you get the specific legal advice you need from an experienced attorney prior to taking any legal action. While we try our best to make sure that the information provided on our website is accurate, you take a risk by relying on it.

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