Family Justice Courts Singapore

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Overview

This section deals with the procedure for obtaining a Probate in the Family Justice Courts (FJC) (which includes the Family Division of the High Court) with effect from 1 January 2015. The procedure in this section also applies to proceedings commenced before 1 January 2015 provided the matters are heard in the FJC. The information provided below is general in nature and is not intended as legal advice. The FJC cannot provide legal advice or assist with drafting the contents of any document.

References to legislation:

Did you know certain assets may not require a grant?

Some common examples are listed below

Flats under joint tenancies;
Certain Insurance policies with nominations;
CPF monies; and
Joint bank accounts limited to a certain amount.

The above-mentioned assets can be transferred or distributed without a grant.

If no grant is required, please liaise with the relevant institutions for the distribution and transfer of the assets.

When a grant is required, what are the options available?

1. Public Trustee (PT)
  - Caters to value of assets that are below $50,000 but criteria must be met in order to be eligible.
  - Further details on criteria are available on PT’s website.
  - If eligible, PT will administer the estate without an application for grant with the Court.

1. If the assets of the deceased are above $50,000 for simple applications for Grant of Letters of Administration or Grant of Probate, you may consider the following options:
  1. Legal Aid Bureau (LAB)
    - For applicant in need of financial aid.
    - Criteria must be met in order to be eligible for Legal Aid.
    - Further details on criteria are available at LAB’s website.

1. 1. Consider engaging a lawyer to make an application
    - Please visit the Ministry of Law Legal Services Regulatory Authority (LSRA e-Services) for the online directory of qualified lawyers.
    - Please note that lawyer’s fees are usually paid out of estate.

1. Making an application personally
  - Applicant to prepare and file a number of documents.
  - A set of procedures are required to be followed. Please refer to details below.

Applying for a Grant

Who can apply?	Grant of Probate Appointed executor/executrix (s) named in Deceased’s will. Grant of Letters of Administration Beneficiary of the estate (Spouse/Children/Parents/Sibling/Next-of-kin of the Deceased)
When to apply?	Within six months from Deceased’s date of death. For applications filed after six months, reason for delay has to be explained in the application form.
Where to file the application?	All documents are to be submitted at: – CrimsonLogic Service Bureau 133 New Bridge Road, #19-01/02 Chinatown Point, Singapore 059413 Tel: 6538 9507 Email: [email protected] Operating Hours: Mondays to Fridays: 8:30 am to 5.00 pm Saturdays: 9.30 am to 12.00 pm Closed on Sundays and Public Holidays
How long does an application take?	Approximately two – three months. Depending on case complexity.
How much does an application cost? (Applying personally)	Approximately +/- $1,000.00

NOTE:

Please take note that in order to apply on your own, you should be residing in Singapore. Otherwise, please engage a lawyer to file an application for Grant of Probate/Grant of Letters of Administration on your behalf.

Preparations prior to filing an application for a Grant

Documents	Notes
Original Death Certificate of the Deceased Original Death Certificate of Spouse/Next-of-kin Original Inheritance Certificate ( Applicable for Muslim estate)	To make a copy from the Original Death Certificate (s) and/or Inheritance certificate (Muslim estate) To be certified as a true copy by a Solicitor
Original Will (if any)	Please check with the Wills Registry at Public Trustee’s Office OR with family members/relatives if you are unsure if deceased left a Will. To make a copy from the Original Will To be certified as a true copy by a Solicitor in accordance with Paragraph 62(4)(b) of the FJC Practice Directions

Please refer to the attached comprehensive Probate & Administration Toolkit (1.64 MB) designed to cater to applicants in making simple applications for Grant of Letters of Administration or Grant of Probate.

What is Probate

It is a legal document issued by the courts to enable the applicant to administer the assets of the deceased. The assets of the deceased will need to be managed by the court appointed executor/administrator. To become the appointed executor/administrator, the intending person has to apply for Grant of Probate or Grant of Letters of Administration with the FJC.

Probate and Administration is the legal process of appointing the executor or administrator for the Deceased’s estate.

Is a grant required in the first place?

It depends on the assets of the deceased. Please check with the relevant institutions such as: