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Follow-up on your loved ones?estate
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The below frequently asked questions are extracted from SingaporeLawFAQ.com.
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What should I do when there is a death in the family?
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- Check whether the deceased had left a Will
- If there is no Will, find out whether the deceased had any assets e.g. cash in bank, HDB flat (in his sole name or held as tenants-in-common) etc
- If there is a Will, the executor named in the Will must apply to Court for a Grant of Probate i.e. a Court document allowing him to collect and distribute the assets of the deceased.
- If there was no Will, one of the closest relatives (normally the spouse or adult children) will have to apply to Court to be appointed the Administrator allowing him to collect and distribute the deceased's assets.
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How are the assets distributed?
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- If there is a Will, it will be distributed in accordance to the deceased's wishes as stated in the Will.
- If there was no Will, the assets must be distributed in accordance to the Law (known as the Intestate Succession Act but does not apply to Muslims), which is as follows:
| Rule No |
Survivors (relative still
living)
(Wife can also apply to Husband) |
Share of estate (i.e deceased's
assets) |
| 1 |
Wife
no children
no
parent |
Wife gets
everything |
| 2 |
Wife
Children |
Wife - 1/2
share
Children - 1/2 share (divided equally between all
the children) |
| 3 |
Wife
Parents
no
children |
Wife - 1/2
share
Parent - 1/2 (divided equally between
them) |
| 4 |
Parents
No wife & no
children |
Parents gets everything -
divided equally between them |
| 5 |
Brothers & sisters
No
parents, no wife, no children |
Brothers and sisters divide the
assets amongst themselves equally |
| 6 |
Grandparents
No parents, no
wife, no children, no brothers or sisters |
Grandparents divide the assets
amongst themselves equally |
| 7 |
Uncles & aunts
No
grandparents, no parents, no wife, no children, no brothers or
sisters |
Uncles and aunts divide the
assets amongst themselves equally |
| 8 |
No surviving relatives such as
above |
Government takes
all |
Note: Children of dead brothers and sisters will be
entitled to their parents' share in the assets (Under Rule 5).
Similarly, if one of the children (entitled under Rule 2) was dead, his
children will take his share. If there is such a case, check with
your lawyers
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Who should apply to be appointed the Administrators?
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- The wife or husband or next-of-kin of the deceased.
- If there are children who are below 21 years old, there must be two administrators.
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How do I apply to be appointed the Administrator?
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- An application must be made to the Court.
- You must do it through a lawyer.
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How long will it take?
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- The Court application is quite fast
- One or two months
- But the document appointing you (called a Grant of Letters of Administration) will be issued by the Court until the Estate Duty Department certifies that there is no estate duty payable
- How long this will take depends on assets of the deceased and how fast the value of these assets can be ascertained by the Estate Duty Department
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In the meantime, what will happen to the assets?
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All the assets cannot be disposed off. If the money is in the bank, these will be frozen until such time as you can produce the Grant of Letters of Administration to the bank.
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If the assets consist of an apartment (this also applies to all real properties), when must I sell the apartment?
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Your duty as an administrator is to dispose of all the assets and distribute it to the
persons entitled to the assets. This must be done as soon as possible. If the apartment
is not sold within 6 years of the death of the deceased, when you decide to sell later,
you must apply to Court for approval to sell. This will incur additional legal costs.
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w.e.f. 1 Jan 2023.