Probate

Why is a Grant of Probate Needed?

By October 22, 2016 No Comments

At some point in time, the estate of the deceased needs to be distributed and transferred to beneficiaries. (“The estate” means all the assets the deceased owned.)

Banks, insurance companies, the Singapore Land Authority (“SLA”), Housing Development Board (“HDB”), Singapore Exchange (“SGX”)/ Central Depository, Land Transport Authority (“LTA”), as well as other financial and property related entities, require the Executor to be authorised by the Court and be given a copy of this Court document before they will permit the transfers of assets.

The document issued by the Court that authorises the Executor and is known as the Grant of Probate.

If the deceased has assets in other countries besides Singapore then the Grant of Probate has to be also resealed in the Court where the assets are.

Resealing of a Grant of Probate/Letters of Administration is the process of obtaining the subsequent authorisation by the Court of a second country after the Grant has been obtained in the Court of the first country.

By way of illustration, if a Malaysian died in Malaysia with assets in both Malaysia and Singapore, it is common for the original Grant of Probate/Letters of Administration to be obtained from a Malaysian Court and then resealed in Singapore and vice versa.

It is important for the assets of deceased in the second country to be included in the list of assets of the original Grant of Probate/Letters of Administration of the Court of the first country.

If the Grant of Probate/Letters of Administration is to be resealed in Singapore, English translations of some documents are required by Singapore Courts.

For assistance on probate matters, please contact us to make an appointment.

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Fung Peen Lim

Author Fung Peen Lim

Fung peen is a 20 year veteran of the legal industry. A peace-maker at heart, Fung Peen proficiency in litigation makes him a valuable ally and counsel in helping his clients find amicable legal solutions, in estate planning, debt recovery, disputes, divorce. One wise saying he believes in is “A Will is a great way to love your family with the last thing they read from you”.

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