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Expert Muslim Probate Services & Wasiat Planning Singapore

Planning for the future is not just about managing wealth during your lifetime. It is about ensuring that your family is properly provided for after your passing, in a way that reflects both your wishes and your faith.

For Muslims in Singapore, estate planning involves two key components:

Preparing a Wasiat (Muslim will); and
Understanding how the estate will be administered through the probate process.

Both must work together to ensure a smooth and legally valid distribution of assets.

What is a Wasiat?

A Wasiat is a Muslim will that allows you to set out certain instructions for your estate after your death.

It enables you to:

Appoint an executor to administer your estate
Specify how up to one-third of your net assets may be given to non-Faraid beneficiaries (such as friends, stepchildren, or charities)
Set out your personal wishes, including funeral arrangements and other instructions

However, a Wasiat does not give full control over your estate.

The Role of Faraid

In Singapore, the distribution of a Muslim estate is governed by Faraid, the Islamic law of inheritance.

Faraid determines:

Who the rightful heirs are
The fixed shares each heir is entitled to

These shares are certified by the Syariah Court, which issues an inheritance certificate.

Importantly:

A Wasiat cannot override Faraid shares
You may only distribute up to one-third of your estate outside Faraid rules

How Muslim Probate Works in Singapore

After a Muslim passes away, the estate must still go through the probate process in the Family Justice Courts.

This is where Muslim probate comes in.

There are two scenarios:

1. If there is a valid Wasiat

The executor named in the Wasiat applies for a Grant of Probate
The court recognises the Wasiat (if valid)
The estate is administered accordingly

2. If there is no Wasiat

The family must apply for Letters of Administration
The court appoints an administrator
Distribution follows Faraid based on the Syariah Court certificate

In both cases, the probate process is required to:

deal with banks and financial institutions
transfer assets
distribute the estate properly

What Happens Without a Wasiat?

If no Wasiat is prepared:

The process becomes more complex and time-consuming
Family members must apply to court to be appointed as administrators
Distribution is strictly governed by Faraid, with no flexibility

This can lead to:

delays
additional costs
potential disputes among family members

The One-Third Rule (Wasiyyah)

A key principle in Muslim estate planning is the one-third rule.

You may freely allocate:

up to one-third of your net estate
to non-Faraid beneficiaries or charitable causes

The remaining two-thirds:

must be distributed according to Faraid

This rule must be strictly followed for the Wasiat to be valid.

Assets Not Covered by Faraid

Not all assets form part of the estate subject to Faraid or probate.

Examples include:

Joint tenancy property (passes by survivorship)
CPF savings (distributed via CPF nomination)
Insurance policies with valid nominations
Gifts made during lifetime (hibah)

Proper planning is needed to ensure these assets are aligned with your overall estate intentions.

Key Considerations When Preparing a Wasiat

1. Identify your assets and liabilities

Prepare a clear list of what you own and owe. This makes administration easier for your executor.

2. Appoint a suitable executor

Choose someone responsible and capable of managing your estate. You may also appoint a guardian if you have minor children.

3. Ensure compliance with legal and Syariah requirements

A Wasiat must satisfy both:

Islamic principles; and
Singapore legal requirements

4. Seek professional advice

Given the interaction between Faraid, civil law, and probate procedures, professional guidance is strongly recommended.

Requirements for a Valid Wasiat

To be valid in Singapore, a Wasiat must:

Be made by a Muslim aged 21 and above, of sound mind
Be made voluntarily
Comply with the one-third limit
Be in writing and signed by the testator
Be witnessed by two Muslim witnesses who:
are at least 21 years old
are not beneficiaries (or related to beneficiaries)

Failure to comply may render the Wasiat invalid, which will affect the probate process.

Common Mistakes to Avoid

Using DIY wills without understanding Faraid
Exceeding the one-third limit
Improper witnessing
Failing to update the Wasiat after major life events
Ambiguous or unclear instructions

These issues often surface during probate and can delay administration or lead to disputes.

Why Proper Planning Matters

A properly prepared Wasiat, together with a clear understanding of the probate process, ensures that:

Your estate is administered efficiently
Your wishes are respected within Islamic principles
Your family is protected from unnecessary complications

Final Thoughts

Muslim estate planning in Singapore is not just about writing a will. It involves aligning:

your Wasiat
Faraid principles
and the probate process

Getting this right ensures that your legacy is preserved and your loved ones are taken care of with clarity and certainty.

For this reason, many families choose to seek legal advice to ensure that their Wasiat is valid, enforceable, and properly implemented through the probate process.

Next Steps

Navigating muslim inheritance law in Singapore can be complex, especially when balancing legal obligations and family considerations. For a clearer understanding, you may review our main firm’s guide on Faraid Muslim inheritance, learn more about Muslim inheritance in Singapore, or visit our probate resource hub for additional context and practical guidance.

What Happens to a Muslim Estate in Singapore?

Inheritance, Probate

Losing a loved one brings emotional and practical challenges. For Muslim families in Singapore, administering an estate also involves navigating a legal framework that combines Islamic inheritance principles with civil law procedures.

Understanding how muslim inheritance law in Singapore operates can help families avoid delays and ensure that the estate is handled properly.

Step 1: Determine Whether There Is a Wasiat

The first step is to check if the deceased left a Wasiat (Muslim will). A valid Wasiat typically appoints an executor and may include specific gifts.

However, its scope is limited. Under Islamic inheritance rules, only up to one-third of the estate may be distributed through a Wasiat, and only to non-Faraid beneficiaries. The remaining portion must follow Faraid distribution.

If no Wasiat exists, the estate will be distributed entirely in accordance with Faraid principles.

Step 2: Obtain the Inheritance Certificate

Before any estate administration can proceed, the family must apply for an Inheritance Certificate from the Syariah Court.

This document identifies:

The legal heirs
Their respective shares under Faraid

It is a mandatory requirement before moving on to the civil court process.

Step 3: Apply for Legal Authority to Administer the Estate

Once the Inheritance Certificate is obtained, the next step is to apply to the Family Justice Courts:

Grant of Probate (if a Wasiat exists and names an executor)
Letters of Administration (if there is no Wasiat)

Without this legal authority, assets cannot be accessed, transferred, or distributed.

Assets That May Not Form Part of the Estate

Not all assets are governed by Faraid or the probate process. Certain assets pass directly to beneficiaries:

CPF savings (with valid nomination)
Insurance payouts (with valid nomination)
Joint tenancy properties (automatic transfer to surviving owner)

Where nominations are absent, different rules may apply.

Common Issues Faced by Families

Families often encounter challenges during estate administration, including:

Uncertainty over whether a Wasiat exists
Disagreements over Faraid distribution
Estates with multiple asset types requiring different processes
Invalid or improperly executed Wasiat documents

These issues can lead to delays if not handled properly.

How Long Does the Process Take?

In straightforward cases, obtaining the Grant of Probate or Letters of Administration may take one to two months after filing.

However, preparatory steps — such as identifying assets and obtaining the Inheritance Certificate — often take longer. More complex estates may require additional time.

Why Legal Guidance Matters

Administering a Muslim estate requires navigating both Islamic law and Singapore’s civil legal system. Engaging a lawyer familiar with both frameworks can help streamline the process and reduce potential complications.

Frequently Asked Questions

1. Do Muslim estates follow the same rules as non-Muslim estates in Singapore?

No, they do not. Muslim estates are governed by Faraid under Islamic law, administered by the Syariah Court, instead of the Intestate Succession Act.

2. What should families do immediately after a passing?

Start by checking whether a Wasiat exists. Once confirmed, the next step is to apply for an Inheritance Certificate to determine the rightful heirs and their shares.

3. What role do Wasiat and Faraid each play?

Faraid sets out fixed inheritance shares. A Wasiat provides flexibility for up to one-third of the estate, but it cannot override Faraid entitlements.

4. Will both courts be involved?

Yes. The Syariah Court determines inheritance distribution, while the Family Justice Courts issues the legal authority needed to administer the estate.

5. What if no Wasiat was left behind?

The estate will be distributed entirely based on Faraid. The family must apply for Letters of Administration to proceed.

6. Are CPF savings and insurance included?

If nominations are in place, these assets go directly to nominees and are not part of the estate.

7. Can a Wasiat allocate everything to one person?

No. Only one-third of the estate may be distributed through a Wasiat, and only to non-Faraid beneficiaries.

8. How long does the process usually take?

Once filed, court approval typically takes one to two months. However, preparation and documentation may extend the timeline.

9. What happens to property such as an HDB flat?

Joint tenancy properties pass automatically to the surviving owner. Other ownership types require legal processes before transfer or sale.

10. Should I engage a lawyer?

It is not mandatory, but advisable due to the complexity of managing both Islamic and civil legal requirements.

11. What is the Inheritance Certificate?

It is a key document issued by the Syariah Court that confirms the heirs and their respective shares under Faraid.

Speak to Our Lawyers

If you need guidance on muslim inheritance law in Singapore, our team can assist you through each stage — from obtaining the Inheritance Certificate to completing estate administration.

Next Steps

Choosing the Right Lawyer for Probate in Singapore: What Families Should Know

Inheritance, Probate

When a loved one passes away, handling their estate can feel overwhelming. Beyond the emotional weight, the legal responsibilities placed on an Executor or Administrator are significant. One of the most important choices you will make early on is selecting a probate lawyer who can guide you through the process with competence and care.

Understanding the Real Scope of Probate

Probate is often misunderstood as a simple clerical task. In reality, it is a formal legal process that gives you the authority to manage the estate and ensures assets are handled according to law.

Your responsibilities may include:

Locating and verifying all assets
Settling debts, taxes, and outstanding obligations
Distributing the estate accurately to beneficiaries
Answering for any errors or omissions

Singapore estates commonly involve substantial value – from HDB homes and private property to CPF funds, insurance payouts, investments, and sometimes overseas holdings. Mistakes in valuation, paperwork, or distribution can lead to delays or disputes.

Because of this, the probate lawyer you choose will have a meaningful impact on how smooth the process will be.

Probate is Not Just Submitting Paperwork

Different firms approach probate differently. Some provide low-cost, high-volume processing with limited lawyer involvement. This may work for very simple estates without property or complications.

But for most families in Singapore, the estate involves at least one high-value asset. In such cases, you benefit from a lawyer who is actively involved – not just an administrative team.

A more hands-on probate lawyer can help you:

Understand your legal duties clearly
Avoid common pitfalls and administrative oversights
Manage complexities involving property, investments, or overseas matters
Address issues early before they grow into disputes

In essence, you want someone advising you, not merely submitting paperwork.

Key Factors to Evaluate When Selecting a Probate Lawyer

1. Depth of Probate Experience

Choose a probate lawyer or firm with a strong, established practice in probate and estate matters. A specialist who handles these cases regularly will better anticipate challenges and guide you appropriately.

2. Who Actually Handles Your Case

Ask directly whether a lawyer will oversee your file throughout the process. Probate applications deserve consistent legal supervision rather than delegation to junior support staff.

3. Clarity and Transparency in Fees

Predictable costs are important during an already stressful period. Look for firms that offer clear, itemised, or fixed-fee structures. Avoid situations where the “real” costs surface only after work begins.

4. Reliable Communication

A probate case can take months. You should expect accessible communication, timely updates, and clear explanations at each stage. Poor responsiveness is a red flag.

5. Professional Reputation

Online reviews, client testimonials, and recommendations from people you trust all provide useful insight into the firm’s reliability and service quality.

Helpful Questions to Ask Before You Engage a Lawyer

These questions can help you assess whether a firm is the right fit:

Who will manage my case from start to finish?
Does your quoted fee include all expected costs?
What timeline should I expect for probate based on my estate’s assets?
How do you handle unexpected issues, such as disputes or foreign assets?
How frequently will you update me, and through what channels?

A firm’s answers will reveal their approach, transparency, and level of commitment.

Closing Thoughts

Probate is more than an administrative formality – it is a legal process designed to protect both the estate and the people involved. Choosing a probate lawyer who understands the complexities of Singapore’s probate system, and who provides clear guidance throughout, can make a tremendous difference in what is already a difficult period.

Next Steps

If you are dealing with estate matters and need clarity on the next steps, you may find it useful to explore our detailed guidance on engaging a probate lawyer in Singapore, including the process, legal responsibilities, and key considerations involved.

For a broader understanding, you can also refer to our comprehensive probate resources on Singapore Probate Lawyer, visit the PKWA Law main website for an overview of our full legal services, or explore Singapore Family Lawyers for related family law matters that may arise alongside estate issues. Together, these resources provide a practical starting point to help you make informed decisions.

10 Costly Mistakes People Make When Writing a Will in Singapore

Inheritance, Probate, Wills

Writing a Will is a huge step to protect the people you care about. But a simple mistake can lead to family fights, huge delays, and even cause the court to ignore your wishes.

Here are the 10 most expensive and common errors people in Singapore make when making their Will.

1. Not Making a Will at All

This is the biggest mistake. Many people think, “My assets will just go to my spouse and kids.”

The Problem: If you pass away without a Will (this is called dying Intestate), the government’s strict rules (Intestate Succession Act) decide where every dollar goes.
The Cost: This rule may cut out people you love (like elderly parents) or split assets in a way that creates huge problems (for example, giving minor children a share that the parents can’t easily access).
Simple Tip: Write your Will now. It’s the only way to be sure your money and assets go exactly where you want them to.

2. Forgetting to Update It After Big Life Changes

Life changes quickly! Marriage, divorce, having children, or buying a new house all affect your old Will.

The Problem: In Singapore, getting married will usually cancel an existing Will unless it was clearly made in contemplation of that marriage. Divorce, however, does not automatically cancel a Will.

The Cost: This means that after a divorce, an ex-spouse may still stand to inherit if the Will is not updated. To avoid unintended outcomes, it is important to review your Will after marriage to provide for your spouse, and after divorce to remove your former spouse both as a beneficiary and as an executor and update your plans. Failing to do so can expose your estate to unnecessary risk and may result in assets being distributed in a way you never intended.

Simple Tip: Review your Will every time a major life event happens: marriage, divorce, a child’s birth, or buying or selling property.

3. Mixing Up Your Will and Your CPF Savings

This is a uniquely Singaporean mistake. Your CPF savings cannot be given away in your Will.

The Problem: If you don’t make a separate CPF Nomination, your CPF money will be distributed by the Public Trustee using the Intestate Succession Act rules, which may completely ignore what your Will says.

The Cost: This causes huge delays and takes control away from your Executor.

Simple Tip: Make a separate, official CPF Nomination to cover all your CPF savings.

4. Forgetting About Jointly-Owned Property

If you own a property with someone else as Joint Tenants (common for HDB flats and many couple-owned homes), that asset is not covered by your Will.

The Problem: When one Joint Tenant passes away, their share automatically goes to the surviving co-owner, no matter what your Will says. This is called the right of survivorship.

The Cost: You cannot Will your half of the flat to your children or parents if you hold it as a Joint Tenant with your spouse.

Simple Tip: If you want to Will your share to someone other than the co-owner, you must change the ownership status from Joint Tenancy to Tenancy-in-Common while you are still alive.

5. Using the Wrong Witnesses

In Singapore, your Will must be signed in front of the right people, or the whole document is void.

The Problem: The law requires two people to witness you sign the Will. These witnesses cannot be a beneficiary in the Will, nor can they be the spouse of a beneficiary.

The Cost: If a person who receives a gift in your Will also witnesses the Will, the gift to them is cancelled. The rest of the Will remains valid, but that person gets nothing.

Simple Tip: Use two independent, trustworthy friends or neighbours who are not receiving anything from your Will.

6. Appointing a Bad or Unwilling Executor

Your Executor is the manager of your estate. They apply to the court for the Grant of Probate and handle all the paperwork and distributions.

The Problem: Choosing someone who is too old, easily stressed, disorganised, or simply unwilling to do the work will create major headaches and delays for your family.

The Cost: Delays mean your loved ones cannot access necessary funds, and the court process drags on, increasing costs.

Simple Tip: Choose someone reliable and responsible who is over 21. Name a backup Executor in case your first choice cannot act.

7. Not Appointing a Guardian for Minor Children

If you have children under 21, you must name a Guardian in your Will.

The Problem: If both parents pass away, the Will is the only legal document where you can officially appoint a Testamentary Guardian.
The Cost: Without a named guardian, the court will step in to decide who raises your children. This may not be the person you would have chosen.
Simple Tip: Clearly name a guardian (and a backup) and discuss the responsibility with them beforehand.

8. Writing a “DIY” Will with Foreign Templates

There are many cheap or free Will templates online, but most are written for countries like the US or UK.

The Problem: These templates often use terms and legal rules that do not exist or have a different meaning under Singapore’s Wills Act.
The Cost: The confusing or wrong language often forces your Executor to go to court just to ask a judge what the Will means, which costs the estate a lot of money and time.
Simple Tip: Always get help from a local Singaporean lawyer who knows the local laws to ensure your Will is 100% valid.

9. Failing to Deal with the Unexpected (Contingencies)

What happens if one of your beneficiaries passes away before you do?

The Problem: If you don’t name a backup beneficiary for a specific gift, that gift is considered to have lapsed. This money or asset then falls into the rest of your estate.
The Cost: If you haven’t included a Residuary Clause (the section that deals with everything leftover), that money is distributed by the rigid government rules (Intestate Succession Act).
Simple Tip: Always name a backup person for your main gifts. Make sure you have a clear clause that handles all the “leftover” or “unaccounted-for” assets.

10. Forgetting to do Your LPA (Thinking a Will Covers Everything While You Are Alive)

A Will only deals with assets after you pass away. It cannot manage your medical care or bank accounts if you become unable to make decisions (mentally incapacitated).

The Problem: If you become mentally unwell and haven’t planned ahead, your family must apply to the court for a Deputyship Order to manage your money. This is a slow, expensive, and stressful process.
The Cost: Your family may face serious difficulty paying your bills or making critical medical decisions.
Simple Tip: Create a Lasting Power of Attorney (LPA) to appoint a trusted person to manage your affairs while you are alive. This is an essential document that works with your Will.

Protect Your Loved Ones Today

Writing a Will is the kindest thing you can do for your family. By avoiding these common mistakes and getting the right legal help, you ensure a smooth, worry-free process for the people you leave behind.

Contact PKWA Law’s Wills Lawyers

Contact our experienced team of family lawyers. We are here to help you draft your Will with confidence and at affordable fees.

Contact our experienced Wills & Probate team today to review or draft your Will.

Clear and Fixed Probate Fees: Your Guide to Transparent Probate Services

Inheritance, Probate

Losing a loved one is a difficult experience, and managing their estate should not add further stress or financial uncertainty. At PKWA Law, we believe that legal services for probate and estate administration must be transparent, efficient, and affordable. That is why we offer an all-inclusive, fixed-fee structure for obtaining the Grant of Probate or Letters of Administration in Singapore.

Our commitment to fixed fees means you receive full legal guidance without the fear of hidden charges or escalating costs, allowing you to focus on your family during a sensitive time.

Our Fixed-Fee Structure for Probate and Letters of Administration

At PKWA Law, we have simplified our pricing into clear tiers based on the value and complexity of the estate. All fees are fixed and made known upfront, ensuring you know the exact cost from the very beginning.

S$1,490 – For estates valued under S$500,000, with no property or minority interests.
S$2,490 – For estates valued under S$3 million.
Larger Estates – Fees are determined by the estate’s value and complexity but are always fixed and made known upfront.

Why Choose a Fixed-Fee Approach?

No Hidden Costs: The fee covers our professional services for preparing, filing, and obtaining the Grant of Probate or Letters of Administration from the Court.
Predictable Budgeting: You can budget accurately for legal expenses without worrying about hourly billing or surprise invoices.
Focus on Efficiency: Our system is built to process uncontested applications quickly. In most cases, our experienced probate team can obtain the Grant within 4 to 6 weeks, allowing you to proceed with asset distribution promptly.

Comprehensive Probate Services

Whether the deceased left behind a valid Will (requiring a Grant of Probate) or passed away intestate (without a Will, requiring Letters of Administration), our service ensures you secure the necessary legal authority to administer the estate.

What Our Service Includes

Our dedicated probate lawyers guide you through the entire court application process, including:

Preparing the Application: Drafting all necessary court documents, such as the Originating Summons, Supporting Affidavit, and Schedule of Assets.
Identifying Assets: Assisting in identifying and compiling a complete schedule of assets for the court application (bank accounts, property, investments, etc.).
Filing and Submission: Submitting all required documentation to the Family Justice Courts.
Obtaining the Grant: Concluding our service upon the court’s issuance of the Grant of Probate or Letters of Administration.

Start with a Free Consultation

If you are navigating the estate administration process, we invite you to take advantage of our free, no-obligation first consultation. Our lawyers will clearly explain your legal options, outline the exact fixed cost for your specific case, and help you take the confident next step in administering the estate.

PKWA Law is recognised as one of Singapore’s leading family and probate law firms, trusted for over 30 years for providing efficient, experienced, and affordable legal counsel.

About Singapore Family Lawyers

Singapore Family Lawyers is a family law resource site and is powered by the award-winning team at PKWA Law. PKWA Law is consistently ranked as a leading Singapore family law firm.

What Steps to Take When Someone Dies in Singapore

Inheritance, Probate, Wills

The death of a loved one is never easy. Amidst the emotional stress, there are some legal and administrative steps that you need to follow. Like most other countries, the law sets out specific steps and procedures in Singapore. Even before hiring a probate lawyer, some things need to be done.

In this article, we will discuss the steps that are required to comply with the legalities surrounding the death of a non-Muslim citizen in Singapore.

(If the deceased is a Muslim citizen, the administration of their estate is governed by the Muslim Law and the Administration of Muslim Law Act. Islamic inheritance law, Faraid, applies.)

The information in this article will help you navigate what you need to do during an emotionally difficult time.

(1) Establish the cause of death

When someone dies, it is essential to establish the cause of death.

If your loved one passes away at home, the first person to call is a doctor. The doctor will be responsible for certifying and reporting the death. The doctor will issue a certificate of the cause of death.

If the doctor is satisfied that the death was due to natural causes, they will certify the death. If the death is sudden, the cause is unnatural, or the doctor cannot establish the cause of death, they will contact the police.

The police will investigate to ascertain the cause of death. If you cannot get hold of a doctor, you can also contact the police first.

If the deceased was in a hospital under medical care at the time of passing, the attending doctor will handle the process and report the death.

(2) Register the death

To register the death, the doctor or the police will need the following:

The deceased’s full names.
The birth gender of the deceased.
The deceased’s date of birth.
Identity document number.

The doctor will note the date, time, location, and cause of the death.

All deaths in Singapore must be registered within 24 hours.

In situations where the police see the body, they can have the body removed to the mortuary, where a pathologist can determine the cause of death, if necessary.

An autopsy is not compulsory in Singapore. If the police report the death to the coroner, the coroner can investigate to decide if an autopsy is required. The decision depends on the medical issues or any injuries on the deceased’s body.

If the autopsy report reveals any unnatural cause of death, the police will investigate further.

Alternatively, the coroner can collect the body from the deceased’s home or the hospital.

(3) Obtain a death certificate

Once the doctor certifies the death online, it is registered, and you can download the death certificate via the MyLegacy portal.

To download the certificate, you need:

The deceased’s NRIC, FIN, or passport number.
The death document number, which the doctor will provide.
Date of death.

Obtaining a death certificate is critical since it is your legal proof of death. Without the certificate, you cannot proceed with any steps necessary to arrange a funeral and settle the deceased’s estate.

(4) Arrange the funeral

Funeral arrangements are deeply personal and often depend on the cultural and religious preferences of the deceased and the family.

Most families choose to engage a funeral director to help with the funeral arrangements. These professionals provide guidance on cremation, burial, and other funeral services based on the deceased’s wishes, and the family’s preferences.

A funeral director will help with the following:

Arrange for collection of the body from home or the hospital mortuary.
Send the body for embalming if required.
Deliver the body to the location of the wake.

If the family does not have sufficient funds to pay for a funeral, they have a few options.

They can be reimbursed from the deceased’s estate – the process depends on whether the estate is worth more or less than S$50,000.
The deceased’s beneficiaries can claim a reimbursement from the deceased’s unnominated CPF monies.
Beneficiaries can pay from life insurance payouts.
A legal representative of the deceased’s estate or a joint account holder can approach the bank to receive a reimbursement after the completion of the settlement process.

After the funeral, you must address matters related to the deceased’s estate, debts, and other financial affairs.

(5) Find the will

If the deceased left a will, the executor named in the will should apply for a grant of probate. This grant confirms the validity of the will. It also gives the executor the authority to manage the deceased’s estate and distribute the assets according to the will.

The executor plays a crucial role in ensuring the deceased’s wishes are carried out. Their duties include distributing assets, settling debts, and handling any remaining legal matters.

If the deceased did not leave a valid will, family members can apply for letters of administration. A letter of administration gives the applicant the power to administer the deceased’s estate.

(6) Apply for probate or administration

Applying for a grant probate or a letter of administration is an important legal step, and you will need assistance from a specialist probate lawyer. The process can be complex, requiring many documents. A probate lawyer will help you apply for probate and collect, manage, and distribute the deceased’s assets to the beneficiaries.

To apply for probate, you need the following:

The original death certificate.
The deceased’s will.
Proof of the executor’s or the applicant’s identity.
A list of the deceased’s assets, liabilities, and financial documents as proof, e.g. bank statements, insurance policies, etc.
If relevant, employment details.

If there is no valid will, the Intestate Succession Act comes into play. The court will appoint the administrator to manage the deceased’s estate and distribute the assets according to intestate succession laws. Generally, the administrator will be a close family member.

Intestate succession and applying for a letter of administration are technical. You will need the help of an experienced lawyer.

(7) Contact the necessary institutions

Once the executor receives the grant of probate, they should contact the necessary institutions to finalise the collection and distribution of assets.

Depending on the deceased’s circumstances, it could include the following:

Financial institutions where the deceased held accounts – check if there is money to withdraw, investments, automatic monthly payments, credit card payments, and so on.
Insurance companies – inquire about life insurance or funeral policies.
The deceased’s employer – find out if there are any outstanding salaries or other payments due to the family.
The Central Provident Fund (CPF) Board to release any CPF monies to the beneficiaries.

(8) Administer the estate

Once probate is granted, the executor can access the assets and settle any outstanding debts and claims. The executor must pay unpaid bills and loans and meet all financial obligations, such as outstanding taxes.

The executor must arrange for properties to be sold or transferred, vehicles to be transferred to new owners, claim insurance money, cancel paid subscriptions, terminate utility services where appropriate, and so on.

Once all the necessary matters are settled, the executor can distribute the assets to the beneficiaries according to the provisions in the will.

The assets will be distributed under the Intestate Succession Act if there is no valid will. The Act stipulates who is eligible to inherit and in what proportion.

(9) Take care of online accounts

These days, most people have an online presence that needs dealing with when the person passes away.

It is essential to manage the deceased’s online identity to prevent abuse of the information. Ensure that personal information is removed from social media, close email and other online accounts and mobile applications.

Some social media platforms like Facebook have policies and procedures to deal with a deceased’s account. You can follow the process to have the account deleted, or you can transform the account into a “memorialised” account.

Information “floating” online can easily be used for identity theft and other fraudulent acts.

Seek professional legal assistance

Dealing with the legal aspects of a loved one’s passing is a daunting and emotionally stressful process. Just thinking about applying for probate and distributing assets can be overwhelming, and most families have no idea where to start.

However, with the correct information and guidance, you can successfully navigate these challenging times.

An experienced probate lawyer can guide you through all the steps to ensure you meet all the legal requirements to deal with the deceased’s death and estate.

Besides minimising the stress of complying with the legalities, an experienced lawyer can save a significant amount of time in finalising the deceased’s estate.

Creating a Will in Singapore

Inheritance, Wills

A Comprehensive Guide to Creating a Will in Singapore

The process of creating a legally sound will in Singapore is governed by the Wills Act. This legislation empowers a testator, the individual making the will, to devise, bequeath, or dispose of their real or personal estate through the instrument of a will. This article aims to provide an overview of the essential aspects of will drafting in Singapore. Please be aware that this guide is intended for general informational purposes. For personalised advice tailored to your specific circumstances, it is advisable to seek the counsel of a qualified wills lawyer.

Key requirements for a valid will

The Will Must Be in Writing.
The Testator Must Be at Least 21 Years of Age.
The Testator Must Sign the Will at the Bottom Following Its Preparation.
Two Witnesses Must Be Present During the Testator’s Signing of the Will, and They Must Also Sign It in the Testator’s Presence.
The Two Witnesses Must Not Be Beneficiaries of the Will.

When formulating a will, it is advisable to incorporate the following provisions:

Personal Particulars and Information.
A Revocation Clause to Revoke Any Previous Wills.
Marital Status.
Appointment of Executors, who may also be beneficiaries.
Designation of Guardians for Minor Children (up to two).
Identification of Beneficiaries and Specification of Their Asset Allocations.
A Residuary Clause Outlining the Distribution of Remaining Assets According to the Testator’s Wishes.

Handling CPF monies

Central Provident Fund (CPF) monies cannot be included in a written will. To distribute CPF funds upon passing, beneficiaries must be nominated through the CPF Board. Each nominated individual will receive a portion of the CPF funds as indicated in the nomination. If no nomination exists, the funds in the CPF account will be automatically transferred to the Public Trustee’s Office and made accessible to the next of kin.

Post-will preparation procedures

Upon completing your will, it is crucial to safeguard it in a secure location and inform your chosen executor and family members about its existence.

Updating your will after marriage or divorce

Remember that marriage automatically invalidates any will made prior to the marriage, unless the will explicitly states it was made in contemplation of marriage. Conversely, in the case of divorce, a previously executed will remains valid. Therefore, it is advisable to review and amend your will to reflect changes in your marital status.

Seeking professional assistance

While not obligatory, engaging a reputable wills lawyer is highly recommended. Lawyers are bound by the regulations of the Law Society and must adhere to strict ethical guidelines when drafting wills. Their expertise ensures that instructions are received without duress and that the will accurately represents the client’s wishes. Moreover, legal professionals are covered by insurance, providing additional protection for clients. Professional advice from a trained lawyer can prevent future losses, conflicts, or ambiguities.

We encourage you to get in touch should you require any further assistance on drafting your will.

Removing an Executor in Singapore

Inheritance

An executor of a Will has important duties to perform. They are trusted by the writer of the Will to act in their best interests, and those of the beneficiaries of the Will.

If an executor does not (or cannot) act in the best interests of these parties, they may be sued by the beneficiaries.

This article explains what you should do if you’re the beneficiary of an estate and you believe the executor is not acting in your best interests.

The role of an executor

When a person (known as a testator) makes a Will, they specify a person (an executor) in that Will who should deal with their estate after death. Within a reasonable time (normally six months) the executor must fulfil their duties, which will include:

Organising the funeral
Collecting the deceased’s assets
Selling some or all of the assets if necessary
Covering the funeral and other costs by making a payment from the estate
Settling any debts owed by the estate
Ensuring any necessary taxes are paid
Applying for grant of probate
Making sure the beneficiaries get the money or assets they have been promised in the Will.

Remember that the executor owes a duty of care to the beneficiaries and must act in their best interests. For instance, if they have to sell a painting, this would mean getting the best price they can for it, rather than selling cheaply to a friend for a quick and easy sale.

But even if an executor acts properly and has the best interests of the deceased and their beneficiaries at heart, they may sometimes still be removed.

Why might an executor be removed from a Will?

If an executor finds the job particularly stressful, emotional, or simply too complex, they may not be capable of fulfilling their duties and may want to give up their role. If they have no experience of doing such a role and dealing with estate matters, it may be outside of their ability.

On the other hand, the beneficiaries may want to remove the executor because they think that person is not acting in their best interests. Perhaps they think the executor sold assets at below market value to family members.

Finally, the executor might lack mental capacity to do the job, if they suffered a mental illness or dementia or a brain injury, for example.

How is an executor removed?

If an executor doesn’t perform their duties, a judge can remove them. Sometimes the judge will be persuaded to do so by the beneficiaries, if he believes the executor would harm the estate’s interests.

A judge is given power to remove an executor under section 55 of the Probate and Administration Act, if:

Six months have elapsed from the date of the testator’s death and no application for grant of probate or letters of administration has been made
A grant of probate application was made within the six-month time period but the application was refused, discontinued, or withdrawn
The grant of letters of administration has not been extracted.

Alternatively, one of the following situations may happen:

An executor might choose to expressly renounce their appointment. This must be done at a hearing they attend, or in writing, either by the executor or their lawyer, who will attest the renouncement.
An executor’s appointment might be constructively This happens when the executor is deemed to have renounced their role but has not done so explicitly. (Beneficiaries can choose to issue something called a citation – this is used to require the executor to either accept or reject their right to the grant of probate or the letters of administration. They will lose this right if the executor appears in court but doesn’t apply for the grant of probate or letters of administration.)
An executor’s appointment is renounced if there is a successful challenge to the validity of the Will. Such a challenge can usually be brought by anyone with a valid interest in the Will. If the Will is ruled invalid, it cannot be followed. The intestacy rules then take over and these dictate how the deceased’s estate should be managed. (Note: beneficiaries should use caution when contesting a Will; they may lose their right to inherit or see their share reduce.) If a substitute executor is appointed in the Will, they will then be given the duties that the first executor had. If no substitute is named, a new executor will be appointed by the court.

Filing a caveat

A caveat is something that stops a grant of probate or letters of administration from being issued. The person who filed the caveat must be notified before either of these can be issued. The people who applied for the caveat (known as the caveators) will have a chance to contest the probate application for a grant.

If beneficiaries are worried as to whether someone has the right to apply for probate because of the executor’s suitability, or because they think the Will is invalid, they can enter a caveat.

Likewise, if someone has an interest in the estate, and they are affected by the grant of probate, they may apply for a caveat.

The aim of the caveat is to give the caveators time to investigate their situation and assess whether they have proper grounds for opposing the grant of probate. Caveats also give other people with interests in the estate a chance to ask questions to the court about the grant.

A caveat also represents a preliminary step towards a probate claim or to issue a citation, for example to constructively renounce an executor’s position.

What’s the difference between Grant of Probate and Letters of Administration?

If there is a valid Will with named executors to administer the estate, a grant of probate is issued.

If there is no valid Will, or no executors want to administer the testator’s estate, then a grant of letters of administration issued.

Both of these grants have the same legal power and importance, but a different process is used to obtain each.

Executor and beneficiary disputes

Sometimes, disputes can arise between a deceased’s family members and beneficiaries. Alternatively, there might be disagreements between co-executors, or between co-executors and beneficiaries.

Regular and prompt communication with all parties involved is vital to avoid such disputes. Be mindful that an executor has to administer the estate within six months.

Unfortunately, executors sometimes mismanage an estate, either on purpose or through negligence. This causes frustrations for all involved, especially if it results in monetary loss. In some cases, the beneficiaries may even sue the executors.

At the first sign of dispute, seek legal advice as soon as you can – it may help to prevent delay and extra costs.

We can help

Our law firm can help you make a court application to remove executors from a Will, or contest a Will.

If you need help in avoiding disagreements amongst beneficiaries or co-executors, then contact our expert probate lawyers, who will help you with estate administration.

We have spent many years helping executors to navigate the process of probate and carry out their responsibilities. Engaging a lawyer ensures the process is as quick and stress-free for you as possible; not only will you feel assured that you’re doing the best for all parties at the highest standard, but you’ll minimise your chances of being sued because of mistakes or delays.

You can also speak to us if you want to get more information on removing an executor from a Will.

How to Contest a Will in Singapore

Inheritance, Wills

A Will is a very important document. A person making a Will (a ‘testator’) sets out how they want their belongings and money to be dealt with after death. They will also specify the individual responsible for enacting what the Will says – called the executor. We use the term ‘estate’ to describe all the deceased’s property in various forms, including all assets and liabilities.

Wills are designed to avoid conflict and disagreement, but sometimes this isn’t always easy. Some parties with an interest in the deceased’s estate may think the Will is unfair, for example. The Courts won’t set aside a Will just because someone is unhappy with it; if they are satisfied it is a valid Will, they will rule that it should be enforced.

But sometimes there are situations when a Will can be contested. This article explores when, how, and who can do it.

Who Can Contest A Will?

If an individual has an interest in the Will, or was dependent on the deceased person in some way, then they may contest the Will. For example, spouses can challenge a Will if they depended on the deceased financially, or if the deceased was legally obliged to support them. Most often, a beneficiary will challenge a Will when they think it doesn’t properly reflect the testator’s wishes; they believe they should inherit more, or they think they are entitled to more maintenance payments if they are dependents.

The term ‘contesting’ a Will means that you are challenging its validity or its terms; you are saying that the distribution of estate should be different to what the Will states.

On What Grounds Can Someone Contest a Will in Singapore?

The Will is invalid (not witnessed properly, or not signed)

The Wills Act states the formalities that a Will must follow when it is made, otherwise it may be invalid. These requirements are that:

It is made in writing
It is signed by the testator
The testator is aged 21 years or more
The testator’s signature was witnessed by two or more people, who also signed the Will while the testator was present.
Neither witness is a beneficiary of the Will, nor are either of them the testator’s spouse.

To ensure all these requirements are followed, it’s important to use an experienced Wills lawyer to help you prepare your Will. If you don’t follow these requirements, your estate may have to be distributed following the Intestacy Rules, which may be very different from your own wishes.

The Will was made fraudulently

Sometimes a testator or their estate can be the victim of a fraudulent Will. For instance, someone misled the testator into signing a Will they have made, and the testator does so, thinking it’s a different document.

Another example is where a fraudster forges a signature on a Will they have made, or they alter the testator’s Will to their own wishes.

The Will was made under undue influence

This is a common ground on which a Will is contested. A Will can be challenged if someone believes that the testator was forced, or in some way persuaded, to make a Will that doesn’t represent their true intentions.

This can be hard to prove. The person challenging the Will has the burden to prove the undue influence – they are the ones who need to show that someone unduly influenced the testator’s mind, so that the Will was not voluntarily approved.

The testator was of unsound mind when they made the Will

Sometimes, a person with an interest in the Will may argue that the testator lacked mental capacity at the time they made the Will. For instance, they may say the testator had dementia (a medical condition which impairs someone’s ability to think, remember or make decisions).

Whether their mind was unsound temporarily or permanently does not matter; therefore, someone under the influence of alcohol or drugs will also lack capacity to make a Will.

What is the Procedure for Contesting a Will?

The way in which you contest a Will depends on the status of the deceased’s estate:

Contesting a Will before Grant of Probate: you should declare your interest in the estate by filing a court caveat. In effect, this is the court notifying you of an issued grant. Whilst the court considers your challenge to the Will, the distribution of the estate will be paused.

Contesting a Will after the court issues Grant of Probate: within six months of the date the court issued Grant of Probate, you must contest the Will. In certain situations the court can extend this time period, for example if an additional Will or codicil is discovered which significantly alters the distribution of the estate. Other reasons for making an application out of time can occur, but you must give your substantive reasons for doing so.

To begin the contesting procedure, you should start a probate action. This begins with a writ, issued by the Registry of the Family Justice Courts. In it, you should set out the grounds on which you are contesting the Will, and state why you think the grounds are satisfied.

After this, the court will then set a hearing, where it will rule on your claims against the Will.

If a Grant of Probate has already been issued by the court, you may only obtain a writ once a citation is filed, in the form of an affidavit against the person who the grant was issued to.

If the claim to contest the Will succeeds, the court will order the assets to be returned to the executor for redistribution. (If the assets are still held by the executor, they will use the Intestacy Rules to distribute them).

What if a Will doesn’t adequately provide for dependents?

In Singapore, the law states that the following individuals may be a testator’s dependents:

A husband or wife
An unmarried daughter who can’t maintain herself because of a mental or physical disability
An infant son
A son who can’t maintain himself because of a mental or physical disability.

Where a court is satisfied that the Will doesn’t make adequate provision for the dependant (they aren’t named in it for example, or they have an insufficient share) the court can make an order that a lump sum, or periodic payments, must be made to the dependents.

Once six months has passed from the issuing of the Grant of Probate you can apply for maintenance. Maintenance is sometimes a better option than contesting a Will. It is often cheaper and less stressful, and so puts less strain on the relationship between beneficiaries.

What happens when a Will is successfully contested?

If your challenge to the validity of a Will succeeds, then the distribution of the deceased’s estate will be done under the Intestate Succession Act, rather than according to the Will. Alternatively, the estate might be distributed according to an earlier Will.

Seek legal advice if you wish to challenge a Will

As experienced lawyers in this field, we would be happy to help if you want to contest a Will. With good legal advice, you can easily decide whether you are eligible to bring the claim, and we’ll help you to know your rights and the options available to you. Having legal representation through such a challenging process can be a huge benefit.

We also act for clients who are preparing their own Wills and what happens to their estate after their death. Our lawyers can show you how to best approach providing for your dependents, and how to distribute your estate.

Accessing a Deceased Person’s Bank Account

Inheritance, Probate, Wills

We often provide legal advice for clients who have suffered the death of their husband or wife. Very often they will not know what to do first, and will be suffering emotional turmoil. One common question is, “how can I access my spouse’s assets, to help me pay the bills?”

A specialist family probate lawyer can help you to deal with the legal Estate of your spouse. They can help you gain access to their assets, enabling you and your family to manage their bank accounts, properties, any stocks or other assets they held, so you can distribute them to the correct beneficiaries.

This article explains the circumstances around access a bank account held solely by the person who has passed away, and where to start.

The first thing which must be done is to check if your loved one left a valid Will before they died. The first section of the article below explains what happens if there was no Will, and the second section explains what happens when a valid Will exists.

(1) An Individual Dies Without Leaving a Will

When someone dies and doesn’t leave a valid Will, then usually their next of kin (such as their husband, wife, or one of their children) needs to apply to the court to get Letters of Administration. That person then becomes the named Administrator of the Estate.

We have been practising probate law for many years, and so we can usually obtain the Letter of Administration within 6 weeks.

At the bank

After we have submitted your probate application to the court, your Letter of Administration should arrive within 2 months. Once you have it, you (the Administrator of the Estate) need to then:

Go to the bank
Prove that you are the Administrator in the Will and Letter of Administration by producing your NRIC card
Show the Letter of Administration
Ask the bank to release the money in the deceased’s bank account to you.

Usually, the bank will issue a cheque to the Administrator made payable to “the Estate of [deceased’s name]”.

A new bank account should then be opened by the Administrator, in the name of “the Estate of [deceased’s name]”. Money belonging to the deceased’s Estate should come into or go out of this account only, to avoid it being mixed up with any of the Administrator’s own money.

Distribution of the money

The deceased person’s assets are collected and any debts settled by the Administrator. Following this, they should then distribute the money remaining in the bank account according to the provisions of the Intestate Succession Act.

Be careful: the laws of intestacy and inheritance vary substantially depending on whether you were married, single, and had children or not. Often, your next of kin will get your property — people such as your surviving spouse, parents, brothers and sisters, uncles and aunts, etc. If no relatives can be found to receive the assets, then the state will usually receive the whole Estate.

Remember: to gain access to the bank account of someone who died without leaving a valid Will, Letters of Administration must be obtained by the Administrator to make banks release monies to the Administrator. Then it can be distributed to the correct beneficiaries.

(2) An Individual Dies Leaving a Valid Will

Following the death of someone who had already made a valid Will, a court application should be made by the Executor named in the Will, for a Grant of Probate. This is a court order that is made by the Family Justice Court, confirming that the deceased’s Will was authentic. The appointed Executor should then carry out the last wishes of the deceased person, as set out in their Will.

At the Bank, and Distributing the Money

Having obtained the Grant of Probate, the Executor should then:

Go to the bank
Prove that they are the named Executor in the Will and Grant of Probate by producing their NRIC card
Show the Grant of Probate
Tell the bank to release the money in the deceased’s bank account to them.

The process is then repeated — a cheque is issued to the Executor by the bank, in the name of the Estate. Lastly, a new bank account should be opened by the Executor, in the Estate name, and the monies distributed to the named beneficiaries set out in the Will, once all debts have been settled.

If you need any help or advice in this area of law, we would be pleased to advise you. Contact us today.