Administering a loved one’s estate can be emotionally and legally complex. While probate is often viewed as a formal requirement, many families encounter unexpected issues during administration. Understanding these issues early helps executors and beneficiaries navigate the process more confidently.
This article explains common probate challenges from the perspective of a probate lawyer in Singapore.
1. Grant of Probate vs Grant of Letters of Administration
The type of grant required depends on whether a valid will exists:
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Grant of Probate applies where there is a valid will naming executors
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Grant of Letters of Administration applies where there is no will or no executor able to act
Applying for the wrong grant results in rejection and delay. Clarifying this at the outset is essential.
2. Beneficiaries’ Expectations vs Legal Entitlements
Family expectations do not always align with legal entitlements. Issues may arise when:
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Assets were verbally promised but not documented
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Beneficiaries misunderstand joint ownership
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Certain dependants feel inadequately provided for
A probate lawyer in Singapore explains how estates are distributed under wills or intestacy rules, and when court intervention may be necessary.
3. Handling Estate Debts and Ongoing Obligations
Before distribution, executors must settle:
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Outstanding loans and liabilities
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Income tax matters
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Property expenses and utilities
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Business obligations, if applicable
Distributing assets prematurely can expose executors to personal liability.
4. Timeline Realities in Probate Administration
Probate does not end with the grant. Time is often required for:
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Asset realisation or transfer
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Sale of property
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Clearance of liabilities
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Final accounts and distribution
A probate lawyer in Singapore helps families understand realistic timelines and sequencing.
5. Disputes During Administration
Disputes may arise over:
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Executor conduct
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Asset valuation
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Distribution timelines
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Interpretation of will provisions
Early legal guidance can prevent escalation and reduce emotional strain on families.
Conclusion
Probate administration involves ongoing legal duties beyond obtaining a court grant. Understanding beneficiaries’ rights, executors’ responsibilities, and practical timelines helps families manage estates with fewer surprises. A probate lawyer in Singapore plays an important role in guiding this process responsibly and lawfully.