PART 24: NON-CONTENTIOUS PROBATE PROCEEDINGS
207. Application of this Part
208. Applications for grant of probate or letters of administration or resealing
209. Filing of supporting affidavit
210. Affidavits of due execution and affidavits as to terms, conditions and date of execution of will
211. Affidavits of foreign law or certificate of notary in relation to foreign law
212. Filing of Schedule of Assets for estates where death occurs on or after 15 February 2008
213. Filing of schedules of property for non-dutiable estates where death occurred before 15 February 2008
214. Security for grants of letters of administration
215. Applications for dispensation of sureties for grants of letters of administration
216. Issuance of grant
217. Amendment of originating application and grant
218. Words or expressions where translation is not required
207. Application of this Part
(1) The directions in this Part apply to applications filed under Part 6 of the Family Justice (Probate and Other Matters) Rules 2024.
(2) Where the words and phrases defined in Part 6, Rule 1 of the Family Justice (Probate and Other Matters) Rules 2024 are used in this Part, they have the same meaning as defined in Part 6, Rule 1 of the Family Justice (Probate and Other Matters) Rules 2024, unless otherwise specified.
208. Applications for grant of probate or letters of administration or resealing
Filing of originating application and supporting documents
(1) An application for:
(a) a grant of probate or letters of administration made under Part 6, Rule 3 of the Family Justice (Probate and Other Matters) Rules 2024; or
(b) resealing made under Part 6, Rule 46 of Family Justice (Probate and Other Matters) Rules 2024,
must be made by originating application without notice in Form 162 of Appendix C of these Practice Directions with a certified true copy of the will or foreign grant, if any, and other supporting papers.
(2) Prior to filing the originating application, the applicant may conduct a litigation search in the record of caveats and the record of probate applications to ascertain if there are any caveats or previous probate applications in respect of the estate and to consider whether to proceed with the filing.
(3) For deaths occurring before 15 December 2003, the applicant must state in the originating application, whether to the best of the applicant’s knowledge, there are any caveats or probate applications in respect of the deceased’s estate. The applicant is not required to state the position with respect to caveats and probate applications for deaths occurring on or after 15 December 2003.
(4) The originating application must be submitted by entering the relevant information in the appropriate electronic form. The following documents are to be submitted at the same time as the originating application:
(a) where the deceased has been issued a digitally verifiable document by the Registrar of Births and Deaths, Singapore (e.g. a Digital Death Certificate or Digital Death Extract) (referred to in this Part collectively as a “Digital Death Certificate”), a copy of the Digital Death Certificate (unless the Electronic Filing Service indicates that a copy of the Digital Death Certificate is not required to be filed);
(b) where a Digital Death Certificate is not available, a certified true copy of the death certificate of the deceased or a certified true copy of the order of Court for presumption of death of the deceased;
(c) where there is an original will (and / or codicil(s)), a certified true copy that is certified on every page. If there is insufficient space on any page to affix the certified true copy stamp that is normally used, such page(s) can be scanned to include a margin or space (on A4-equivalent softcopy) by scanning at a reduction ratio that is no less than 90%. If this is also not possible, the solicitor may file a copy of the will (and codicil(s), where applicable) with a cover page containing a certification that “This is a certified true copy of the will (and / or codicil(s)) of [name of deceased] dated [date], pages [X] to [Y].” provided that a request is made to the Registry, explaining why certification on every page is not possible, and such a request is approved by the Registry;
(d) where the applicant is making an application under section 9 of the Probate and Administration Act 1934 for probate of a copy of the will, the certified true copy of the will is to contain the certification “This is a certified true copy of the will of [name of deceased] dated [date] admitted to proof pursuant to an order of court dated [date of order] in [case number in which the order was given].” on a covering page that is to be attached to the certified copy of the will;
(e) if the applicant requires a clean copy of the original will to be engrossed for any purpose, the applicant may file a request to engross a clean copy of the will to be annexed to the extracted grant and state the reasons for the request;
(f) in the case of a resealing of a foreign grant, a copy of the original sealed foreign grant or a sealed certified true copy of the foreign grant issued by the foreign court or authority;
(g) where the foreign grant is issued by the foreign court or authority in an electronic format, the digitally verifiable sealed foreign grant downloaded from the website of the foreign court or authority with the certification by a solicitor on a covering page that is to be attached to the foreign grant stating “The undersigned has verified that this document is the electronic sealed foreign grant downloaded from [state the website of the foreign court or authority] and the authenticity of this document.”;
(h) in the case of an estate of a Muslim person who died domiciled in Singapore, a certified true copy of the inheritance certificate issued by the Syariah Court;
(i) in relation to deaths occurring on or after 15 February 2008, a Schedule of Assets listing the property comprising the estate of the deceased in accordance with paragraph 212 of these Practice Directions (if available); and
(j) any other documents in support of the originating application required under the Probate and Administration Act 1934 or the Family Justice (Probate and Other Matters) Rules 2024.
(5) The administration oath under section 28 of the Probate and Administration Act 1934 may be filed at the same time as the supporting affidavit under Part 6, Rule 3 of the Family Justice (Probate and Other Matters) Rules 2024 as required by paragraph 209.
(6) Where applicable, solicitors are to indicate through the Electronic Filing Service that they have verified the authenticity of the digitally verifiable document issued by the Registry of Births and Deaths, Singapore (e.g. a Digital Death Certificate).
(7) An electronic filing checklist will be generated and a provisional reference number will be issued when the originating application and supporting documents are filed. The electronic filing checklist will indicate the status of the documents filed. It will be the means by which the Court indicates whether any other documents or further action is required on the part of the applicant. The provisional reference number allows for the easy referencing and monitoring of the electronic filing checklist during the initial phase of filing.
(8) The original will, original foreign grant or sealed certified true copy of the foreign grant (if any) must be submitted to the Probate Counter by 4.30 p.m. of the next operating day of the Probate Counter after the filing of the originating application for verification. Where the original will has been retained in the custody of a foreign court or authority, a certified true copy of the will by that foreign court or authority must be filed and submitted for verification in place of the original. Where the foreign grant is issued by the foreign court or authority in an electronic format, the applicant or his or her solicitor is to satisfy the Probate Counter on an electronic device that the document in the court file is the digitally verifiable sealed foreign grant downloaded from website of the foreign court or authority.
(9) The Probate Counter will return the original will, original foreign grant or sealed certified true copy of the foreign grant to the applicant after verifying that the copy of the document in the court file is an exact copy of the original document submitted.
(10) When the Court is satisfied that the originating application and the supporting documents have been properly filed and verified, a probate number will be issued in place of the provisional reference number. This probate number will be tied to the same electronic filing checklist.
(11) In the originating application without notice, the applicant is to specify where required:
All applications
(a) the particulars of the deceased and the applicant;
(b) in relation to the domicile of the deceased, the country (e.g. Singapore, Malaysia) and the state if state law applies to the distribution and administration of the estate (e.g. New York, New South Wales);
Applications for grants
(c) whether the application for a grant is filed within 6 months from the death of the deceased and if not, the reasons for the delay;
(d) whether the applicant is or is not an undischarged bankrupt and the details of the order of Court granting the applicant who is an undischarged bankrupt permission to act as the personal representative of the estate;
Probate
(e) in an application for probate:
(i) whether the applicant is the sole executor or sole executrix (where there is one executor or executrix only named in the will) or one of the executors or executrices named in the will;
(ii) where there are executors other than the applicant named in the will, the status of the other executors (e.g. deceased, renounced, power reserved of making the like grant);
(iii) where the applicant is applying for double probate, the details of the previous probate case granting probate to the other executor(s) named in the will with power being reserved of making the like grant to the applicant;
Administration
(f) in an application for letters of administration:
(i) in relation to nationality, the country;
(ii) the religion of the deceased, e.g. Christian, Buddhist, Hindu, Free Thinker, Muslim, (if a Muslim, specify the Mazhab (i.e. school of thought) to which he or she belonged);
(iii) in relation to marital status, whether the deceased was, e.g. married, divorced, a widower, a widow, a spinster or a bachelor;
(iv) the relationship of the applicant to the deceased (if any) and the capacity in which the applicant is making the application:
Descriptions to be used for relationship and capacity where the applicant is a beneficiary of the estate
a widow | “the lawful widow” or, if the deceased was of a religion allowing polygamy, “the only lawful widow” or “one of the lawful widows” as the case may be |
a husband | “the lawful husband” |
a father | “the lawful father and next of kin” |
a mother | “the lawful mother and next of kin” or “the lawful mother and only next of kin” |
a child | “the lawful and only child and only next of kin” or “one of the lawful children and next of kin” |
a brother | “the lawful brother” and “one of the next of kin” or “only next of kin” |
a sister | “the lawful sister” and “one of the next of kin” or “only next of kin” |
a nephew | “the lawful nephew” and “one of the next-of-kin” or “only next of kin” |
a niece | “the lawful niece” and “one of the next of kin” or “only next of kin”; if a brother or sister is living and the nephew or niece (being the child of a brother or sister of the intestate who died in his or her lifetime) applies for administration, the niece or nephew shall be described as “one of the persons entitled in distribution to the estate and effects of the deceased” |
a grandparent, grandchild, etc. | “lawful” and “one of the next of kin” or “only next of kin” |
an illegitimate son | “one of the” or “the only” “natural son and a person entitled to take an interest in the estate of the deceased pursuant to section 10 of the Legitimacy Act 1934” |
an illegitimate daughter | “one of the” or “the only” “natural daughter and a person entitled to take an interest in the estate of the deceased pursuant to section 10 of the Legitimacy Act 1934” |
where the deceased died domiciled outside Singapore | [state relationship] and “the person entrusted with the administration of the estate by the court or authority having jurisdiction in matters of probate at the place where the deceased died domiciled” or “the person entitled to administer the estate by the law of the place where the deceased died domiciled” as the case may be |
Descriptions for capacity where the applicant is not a beneficiary of the estate (to state the relationship of the applicant to the deceased as well (if any))
an attorney | “the duly constituted attorney of [one of the lawful children and next of kin of the deceased or as the case may be]” |
a person whom the beneficiaries desire a grant to be made to | “the person whom the sole beneficiary of the estate consents to administration being granted to” or “the person whom the beneficiaries of the estate desire a grant to be made to” |
a guardian of an infant beneficiary | “[the legal guardian or testamentary guardian] (as the case may be) of the lawful infant children and next of kin of the deceased” |
a nominee of an infant beneficiary who has attained the age of 16 years | “the nominee of the lawful infant children and next of kin of the deceased” |
a deputy or donee of a beneficiary who lacks mental capacity | “the deputy” or “the donee under a lasting power of attorney” of “the sole beneficiary of the estate” or “one of the beneficiaries of the estate” or “the professional deputy of the sole beneficiary of the estate” as the case may be |
a person making an equitable or moral claim in relation to a bono vacantia estate | “a person making an equitable or moral claim under section 27 of the Civil Law Act 1909” |
a creditor | “a creditor of the deceased” |
(v) the particulars of beneficiaries including the name, gender, age or date of birth and relationship to the deceased and whether there are beneficiaries who lack mental capacity within the meaning of the Mental Capacity Act 2008;
(vi) the particulars of spouse and other next of kin who are deceased, including the name, gender, date of death and relationship to the deceased;
(vii) particulars of person(s) with prior rights or equal rights to a grant, the manner of clearing off and the relevant date of clearing off (the clearance of equal rights being optional);
(viii) in relation to minor beneficiaries, whether there are minority interests and if so, the name and share entitlement of each minor beneficiary;
(ix) in relation to the particulars of co-administrators, the name of the proposed co-administrator, identification number, address, and relationship to the deceased, if any; and
(x) any other relevant information in support of the originating application;
Administration with will
(g) in an application for letters of administration with will annexed, in addition to sub-paragraph (f):
(i) whether the testator did not in the will name any executor, the executors named in the will have died, the executors named in the will have renounced probate and execution of the will, the testator did not in the will name any residuary legatee, or any other reason why an application for administration with will annexed is being made;
(ii) whether there are minority or life interests;
(iii) the relationship of the applicant to the deceased (if any) and the capacity in which the applicant is making the application:
Descriptions to be used for capacity for an application for administration with will
the sole beneficiary named in the will | “the universal legatee named in the will” |
the only residuary legatee named in the will | “the residuary legatee named in the will” |
one of the residuary legatees named in the will | “one of the residuary legatees named in the will” |
personal representative of a deceased universal or residuary legatee | “personal representative of the deceased universal legatee named in the will” or “personal representative of the residuary legatee named in the will” or “personal representative of one of the residuary legatees named in the will” as the case may be |
beneficiaries under the will | “one of the beneficiaries named in the will” |
a creditor | “a creditor of the deceased” |
where there is a partial intestacy | “person entitled to the residue on intestacy” or “person entitled to part of the residue on intestacy” |
Administration – unadministered estate
(h) in an application for letters of administration for an unadministered estate, in addition to sub-paragraph (f):
(i) the name, the capacity and date of death of the person(s) to whom probate or letters of administration of the estate of the deceased was / were granted to but who died leaving part of the estate unadministered;
(ii) the previous probate case number, the date of the grant and the court which issued the grant;
Administration by a trust company
(i) in an application for probate or letters of administration by a trust company, in addition to sub-paragraph (e) or (f):
(i) the particulars of the applicant is to include the name, UEN, registered office address of the trust company and the name and identification number of the officer authorised to make the application and to sign documents on behalf of the trust company;
(ii) that the applicant is a trust company licensed under the Trust Companies Act 2005 and that the applicant company by a resolution of their board of directors has authorised the officer to file the originating application and to make, swear and sign the affidavit in support of the originating application on their behalf;
(iii) where the application is for letters of administration, the names, relationships and capacities of the beneficiaries who have authorised the applicant company to apply for letters of administration of the estate of the deceased;
Resealing in the Family Division
(j) in an application for resealing of a foreign grant in the Family Division:
(i) the particulars of the deceased;
(ii) the particulars of the applicant, including the filing capacity;
(iii) in the event that the applicant is an attorney, the details of power of attorney and that the power of attorney has been deposited in the Supreme Court under the provisions of section 48 of the Conveyancing and Law of Property Act 2005;
(iv) the particulars of foreign grant and original grantee(s), including the nature of foreign grant, the description of the foreign grant, the court which issued the foreign grant, who are the original grantees and the date of the foreign grant;
(v) whether the deceased resided or carried on business in Singapore within 12 months prior to his or her death;
(vi) whether there are debts due from the estate of the deceased to creditors residing in Singapore;
(vii) the particulars of the property of the deceased in Singapore;
Double probate
(k) in an application for probate by the remaining executors where there is more than one executor, the particulars of the earlier grant to the other executors including the date of the earlier grant, the names of the other executors who had been granted probate, the previous probate case number and that power was reserved of making the like grant to the applicant.
Clearance of prior rights
(12) An applicant must address the issue of prior rights to a grant in the originating application.
(a) Prior rights are generally to be cleared in accordance with sections 3 and 4 of the Probate and Administration Act 1934 in the following manner:
(i) orally by the person renouncing or by his or her solicitor, on the hearing of any probate application or probate action;
(ii) in writing in Form 166 of Appendix C of these Practice Directions signed by the person so renouncing and attested either by a solicitor or by any person before whom an affidavit may be sworn; or
(iii) by way of an order for deemed renunciation obtained in citation proceedings.
(b) Where the applicant is one of the lawful children of the deceased and a beneficiary of the estate who has a right to apply for a grant as a next of kin and the spouse of the deceased who had a prior right has died after the death of the deceased, the applicant may clear the prior right by filing:
(i) the written renunciation of the executor named in the will of the spouse;
(ii) the written renunciation of the personal representatives of the estate of the spouse (if the grant in relation to the estate of the spouse has been extracted); or
(iii) the consents of all the beneficiaries of the estate of the spouse and an affidavit to confirm that the spouse died intestate and who are the beneficiaries of the estate of the spouse.
(c) Where the applicant is not a beneficiary of the estate with a right to apply for a grant and the sole beneficiary of the estate is deceased or lacks mental capacity, the applicant must make the application for a grant in his or her capacity as:
(i) the personal representative of the estate of the deceased sole beneficiary; or
(ii) the deputy or donee appointed under a lasting power of attorney of the sole beneficiary who lacks mental capacity.
Rejection of documents
(13) The Court may reject any document through the electronic filing checklist or through any other means if there are errors or if the document does not comply with the Family Justice (Probate and Other Matters) Rules 2024, these Practice Directions, or any other directions made by the Court.
(a) The Court may reject all the documents in the electronic filing checklist where:
(i) the applicant is not entitled to apply for a grant (e.g. the applicant applies for a grant of probate but is not the executor named in the will);
(ii) the applicant has filed the wrong type of application (e.g. the applicant files an application for a grant of probate when he or she should have filed an application for letters of administration with will annexed as he or she is not the executor named in the will but is a residuary beneficiary named in the will);
(iii) the applicant has not cleared prior rights; or
(iv) the Court is unable to verify matters such as whether the applicant is entitled to apply for a grant, whether there are prior rights to clear or whether there are minority or life interests due to the failure to file the relevant documents (e.g. the affidavit of foreign law has not been filed for an application for letters of administration where the deceased died domiciled outside Singapore).
(b) The Court may reject the originating application where the applicant is entitled to file the application in question but there are errors in the originating application in relation to the name and identification number of the deceased and / or the applicant or other particulars which may affect the accuracy of the information maintained by the Registry in the cause book searches. The supporting documents which are in order may be accepted by the Court.
(c) Where the applicant is entitled to file the application in question but there are errors in the originating application which do not affect the applicant’s right to apply for a grant, the type of application which should be filed or the information that is maintained by the Registry in the cause book searches (e.g. the name of a beneficiary or the date of a renunciation), the Court may accept the originating application and notify the applicant to apply for permission to amend the error in the originating application.
(d) The Court will provide the reasons for rejecting the originating application or other documents. The applicant may file a request for a case conference if the applicant wishes to make submissions in relation to the rejection. The applicant should state in brief the submissions to be made and the provide the relevant authorities in the request for the Court’s consideration.
209. Filing of supporting affidavit
(1) The following documents must be exhibited to the supporting affidavit under Part 6, Rule 3 of the Family Justice (Probate) Rules 2024 (hereinafter referred to as the “supporting affidavit”):
(a) the originating application without notice bearing the court seal as the first exhibit;
(b) the Schedule of Assets referred to in paragraph 208(4)(i) (if available) as the second exhibit; and
(c) other supporting documents referred to in paragraph 208(4).
(2) Administration oaths, affidavits, consents of co-administrators and renunciations which have been filed are not required to be exhibited to the supporting affidavit.
(3) The supporting affidavit shall be filed using the electronic filing checklist within 14 days after the filing of the originating application.
210. Affidavits of due execution and affidavits as to terms, conditions and date of execution of will
(1) An affidavit of due execution of the will is required where:
(a) a will contains no attestation clause;
(b) the attestation clause is insufficient;
(c) the will appears to have been signed by a blind or illiterate testator or by another person by direction of the testator;
(d) there are reasons giving rise to doubt as to the testator having had knowledge of the contents of the will at the time of its execution; or
(e) it appears to the Registrar that there is some doubt about the due execution of the will.
Who may file the affidavit of due execution
(2) The affidavit of due execution may be filed by:
(a) one or more of the attesting witnesses; or
(b) if no attesting witness is conveniently available, from any other person who was present at the time the will was executed.
(3) If no affidavit can be obtained in accordance with sub-paragraph (2), the Registrar:
(a) may accept evidence on affidavit from any person the Registrar thinks fit to show that the signature on the will is in the handwriting of the deceased, or of any other matter which may raise a presumption in favour of due execution of the will; and
(b) may require that notice of the originating application without notice be given to any person who may be prejudiced by the will.
Contents of the affidavit of due execution
(4) The affidavit of due execution must include the following:
(a) whether the testator had knowledge of the contents of the will at the time of its execution;
(b) who explained the contents of the will to the testator if the testator did not understand English (or the language that the will is written in) and the qualifications of the person to interpret the contents of the will or to make the relevant explanation;
(c) the relationship between the witnesses and the testator;
(d) the relationship between the witnesses and the beneficiaries named in the will (if any);
(e) whether any witness is the spouse of a beneficiary named in the will;
(f) the manner in which the will was executed (including the manner in which the witnesses subscribed the will); and
(g) any other information required by the Registrar.
Affidavits as to terms, conditions or date of execution of the will
(5) The Registrar may require an affidavit as to the terms, conditions or date of execution of the will where:
(a) there appears in a will any obliteration, interlineation, or other alteration which is not authenticated in the manner prescribed by section 16 of the Wills Act 1838, or by the re‑execution of the will or by the execution of a codicil;
(b) from any mark on the will it appears to the Registrar that some other document has been attached to the will, or if a will contains any reference to another document in such terms as to suggest that it ought to be incorporated in the will;
(c) there is a doubt as to the date on which a will was executed; or
(d) there is appearance of attempted revocation of a will by burning, tearing or otherwise.
(6) Where required, the deponent of the affidavit as to the terms, conditions or date of execution of the will is to provide evidence as to:
(a) whether any alteration to the will was present at the time the will was executed;
(b) the attachment or incorporation of any document to the will and exhibit the said document;
(c) the date of the will; or
(d) the rebuttal of the presumption of the revocation of the will.
(7) Where the deponent of the affidavit under sub-paragraph (6) is an attesting witness or other person present at the time of the execution of a will, the deponent is also to state in the affidavit the information required under sub-paragraph (4).
(8) The Registrar may give directions as to the form in which the will is to be proved including the filing of an engrossment of the will in the form in which the will is to be proved.
211. Affidavits of foreign law or certificate of notary in relation to foreign law
(1) Where evidence of the law of a country outside Singapore is required on any application for a grant, the affidavit of a person qualified to give expert evidence on the foreign law in question or the certificate by a notary practising in the country or territory concerned is to be filed using the electronic filing checklist at the time the originating application is filed.
(2) An affidavit of foreign law or a certificate by a notary in relation to foreign law is required on any application for a grant where the deceased died domiciled outside Singapore except where:
(a) the applicant is the executor named in the will or the executor according to the tenor of the will applying for probate of a will which is in the English language; or
(b) the whole of the estate in Singapore consists of immovable property, and the applicant makes the application for a grant limited to that immovable property in accordance with the law which would have been applicable if the deceased had died domiciled in Singapore.
Issues to be addressed in the affidavit of foreign law or certificate by a notary
(3) For an application for a grant of probate, the person making the affidavit of foreign law or the notary issuing the certificate in relation to foreign law should state:
(a) who is entrusted with the administration of the estate by the court or authority having jurisdiction in matters of probate at the place where the deceased died domiciled or who is entitled to administer the estate by the law of the place where the deceased died domiciled; and
(b) whether the will was properly executed in accordance with section 5 of the Wills Act 1838.
(4) For an application for a grant of letters of administration, the person making the affidavit of foreign law or the notary issuing the certificate in relation to foreign law should state:
(a) who is entrusted with the administration of the estate by the court or authority having jurisdiction in matters of probate at the place where the deceased died domiciled or who is entitled to administer the estate by the law of the place where the deceased died domiciled;
(b) who are the beneficiaries of the estate in accordance with the law of the place where the deceased died domiciled; and
(c) the shares of the minor beneficiaries (if any) in accordance with the law of the place where the deceased died domiciled.
(5) For an application for a grant of letters of administration with will annexed, the person making the affidavit of foreign law or the notary issuing the certificate in relation to foreign law should state the information required in sub-paragraphs (3) and (4) and address the issue of whether a life interest arises under the will.
Other requirements
(6) Applicants are to refer to Part 6, Rule 13 of the Family Justice (Probate and Other Matters) Rules 2024, Order 12, Rule 5 of the Rules of Court 2021 and the Court of Appeal’s guidelines in Pacific Recreation Pte Ltd v S Y Technology Inc [2008] SGCA 1 (“Pacific Recreation”), in particular paragraphs 67, 76 and 77 in relation to evidence of foreign law.
(7) For a non-contentious application for a grant, the person making the affidavit of foreign law is to:
(a) state that he or she is not a person claiming to be entitled to the grant or his or her attorney, or is the spouse of any such person or attorney;
(b) provide a curriculum vitae (detailing the person’s relevant experience, with special regard to the issue on which the expert’s opinion is sought);
(c) provide the opinion in relation to the applicable issues listed in sub-paragraph (3), (4) or (5); and
(d) state and exhibit the relevant raw sources of foreign law on which the opinion is based.
(8) For a non-contentious application for a grant, the notary issuing the certificate in relation to foreign law is to:
(a) state that he or she is not a person claiming to be entitled to the grant or his or her attorney, or is the spouse of any such person or attorney;
(b) state the foreign law which provides for a notary to issue certificates in relation to the administration and distribution of an estate in the place where the deceased died domiciled;
(c) provide the certification in relation to the applicable issues listed sub-paragraph (3), (4) or (5); and
(d) state the relevant provisions of foreign law on which the opinion is based.
(9) If an application becomes contested, the applicant is expected to comply with all the relevant guidelines in Pacific Recreation in relation to an expert’s report on foreign law.
212. Filing of Schedule of Assets for estates where death occurs on or after 15 February 2008
(1) In relation to deaths occurring on or after 15 February 2008, a Schedule of Assets listing the property comprising the estate of the deceased must be filed by entering the relevant information into the electronic form.
(2) A specimen Schedule of Assets can be found in Form 177 of Appendix C of these Practice Directions.
(3) While the Schedule of Assets may be referred to by beneficiaries to ascertain their rights in relation to the estate and by creditors to ascertain whether there are assets sufficient to pay the debts of the deceased, the Schedule of Assets will be used by the Court to determine the amount of the security to be provided under section 29 of the Probate and Administration Act 1934. The value to be declared in the Schedule of Assets is to be without deduction of any debts due by the deceased, other than debts secured by mortgage.
(4) The applicant must provide sufficient details about the property listed in the Schedule of Assets.
(a) The applicant is to state the manner of holding of each property listed, i.e. whether the property is held in the sole name of the deceased or in joint names and for immovable properties held jointly, whether as a joint tenancy or tenancy-in-common.
(b) If the property was held as a joint tenancy or if there is a joint account, the property should be included if the deceased was the last surviving joint owner (and this fact should also be stated). If the deceased was not the last surviving joint owner, the applicant is to state the reason why the property is being declared in the Schedule of Assets (e.g. the monies in the joint account belong to the estate and the remaining joint account holder holds the monies on trust for the estate).
Examples:
(i) Blk 123, XXX Street 1, #01-111, Singapore 123456 (held in the sole name of the deceased)
(ii) 123 XXX Road, Singapore 123456 (held as a joint tenancy, the deceased was the last surviving joint tenant)
(iii) Blk 88 XXX Road, #08-888, Singapore 123456 (held as a tenancy-in-common, the deceased held a 40% share of the property)
(iv) YYY Bank Account No. YYY-YYYYY-Y (held in the sole name of the deceased)
(v) ZZZ Bank Account No. ZZZ-ZZZZZ-Z (held in joint names, the deceased was the last surviving joint account holder)
(c) If the deceased had shares in a private limited company, the applicant is to state the value of the shares in accordance with accepted accounting practices.
(d) If the estate is liable for mortgages and the applicant is listing the mortgages in the Schedule of Assets, the applicant is to state the properties that the mortgages are in relation to.
(e) For zero value property (e.g. insurance policies with zero value as at the date of death), the applicant is to state the reason for declaring the property in the Schedule of Assets (e.g. the insurance policy matures on [future date]).
(f) An inventory should be conducted to ascertain the contents of safe deposit boxes maintained by the deceased with a financial institution. The applicant is to list the contents of the safe deposit box (and not the fact that there is a safe deposit box) in the Schedule of Assets. If the deceased did not keep any property in the safe deposit box, the applicant is to state the reason for declaring the agreement in relation to the safe deposit box in the Schedule of Assets (e.g. for the purpose of terminating the agreement).
(5) If the Schedule of Assets is filed at the time of the filing of the originating application or at the time of the filing of the supporting affidavit, the Schedule of Assets may be included as an exhibit to the supporting affidavit. If so included, the supporting affidavit shall include the following averment:
“The contents of the Schedule of Assets exhibited herein as [insert exhibit number] are true and accurate in every particular to the best of my/our* knowledge and belief at this time. The deponent/deponents* does/do* not know or have any reason to believe that any of the contents of the Schedule of Assets is false at this time. The deponent/deponents* undertake(s) to amend the Schedule of Assets if further information regarding the assets of the estate is obtained.”
(6) If an applicant is unable to file the Schedule of Assets at the time of the filing of the originating application or at the time of the filing of supporting affidavit, the applicant may subsequently file the Schedule of Assets and an affidavit containing the averment referred to in sub-paragraph (5). The affidavit should be filed under the document title “Schedule of Assets – Supplementary Affidavit”.
(7) An applicant may file an amended Schedule of Assets amending the list of properties and the values of the listed properties without the permission of the Court. The applicant is to file the amended Schedule of Assets with a supplementary affidavit under the document title “Schedule of Assets – Supplementary Affidavit”. In the supplementary affidavit, the applicant is to:
(a) state the amendment to be made to the Schedule of Assets;
(b) provide reasons to explain why an amendment is necessary;
(c) include the averment referred to in sub-paragraph (5); and
(d) exhibit a copy of the clean version of the amended Schedule of Assets electronic form.
(8) Where the Court has already issued a grant or memorandum of resealing, the applicant is to file a request to extract an engrossed amended Schedule of Assets to annex to the grant or memorandum of resealing.
213. Filing of schedules of property for non-dutiable estates where death occurred before 15 February 2008
(1) In addition to the procedures and Forms SC1 to SC8 issued by the Commissioner of Estate Duties (which are available on the Inland Revenue Authority of Singapore website (http://www.iras.gov.sg)), the following directions shall apply in cases where the death occurred on or after 1 January 2002 but before 15 February 2008 and no estate duty is payable:
(a) the executor or administrator must first determine, based on the relevant checklist (Form SC2 or SC3), that estate duty is not payable on the estate;
(b) upon confirmation that estate duty is not payable, the executor or administrator shall then file a statutory declaration (Form SC1) together with the checklist (Form SC2 or SC3);
(c) the schedule of property must also be sworn or affirmed before a commissioner for oaths, notary public or person authorised by the law in the place where the document is executed to administer oaths and filed together with the statutory declaration (Form SC1) and checklist (Form SC2 or SC3). In cases where the deceased died domiciled in Singapore, Form SC4 shall be used. In cases where the deceased died domiciled outside Singapore, Form SC5 shall be used;
(d) if a supplementary schedule of property is required to be subsequently filed for additional property or value omitted in the original submission, this shall be in Form SC6 or SC7 (for deceased domiciled in and outside Singapore respectively) and sworn or affirmed before a commissioner for oaths, notary public or person authorised by the law in the place where the document is executed to administer oaths, provided that the total value of the estate remains non-dutiable; and
(e) if there are any amendments to the schedule of property or supplementary schedule of property, this shall be filed in Form SC8.
(2) Forms SC1 to SC8 must be printed or typed. No supporting documents are to be attached to these forms.
(3) The applicant is to file the relevant estate duty forms which are available on the Inland Revenue Authority of Singapore website (http://www.iras.gov.sg) with the Commissioner of Estate Duties for deaths occurring:
(a) before 1 January 2002; or
(b) on or after 1 January 2002 but before 15 February 2008 where estate duty is payable,
(4) Forms prescribed by the Commissioner of Estate Duties are not required to be exhibited in the supporting affidavit.
214. Security for grants of letters of administration
(1) A grantee of letters of administration, whether with or without a will annexed, from the Family Division, or the applicant in an application to reseal letters of administration issued by a foreign court or authority must give security for the due administration of the estate by way of an administration bond and 2 sureties in accordance with section 29 of the Probate and Administration Act 1934.
(2) A grantee of letters of administration, whether with or without a will annexed, from a Family Court must give security for the due administration of the estate by way of an administration bond and 2 sureties in the following circumstances:
(a) where the estate and effects in respect of which the grant is applied for, exclusive of what the deceased was possessed of or entitled to as a trustee and not beneficially, but without deducting anything on account of the debts due or owing from the deceased, exceed the value of $5 million;
(b) where there is a minority interest in the estate;
(c) where there is a life interest in the estate;
(d) where there are beneficiaries who lack capacity within the meaning of the Mental Capacity Act 2008;
(e) where the grantee is a creditor; and
(f) in such other cases as the Registrar thinks fit.
(3) Sureties must not use protected property under section 51 of the Housing and Development Act 1959 or monies in their Central Provident Fund accounts which they are not entitled to withdraw for the purpose of justification.
215. Applications for dispensation of sureties for grants of letters of administration
(1) An application for the dispensation of sureties pursuant to section 29(3) of the Probate and Administration Act 1934 must be made by way of a summons supported by an affidavit deposed to by all the administrators and co-administrators (if any) (collectively referred to as “the administrators” in this paragraph) stating the following:
(a) the date of the death of the deceased;
(b) the efforts made to find sureties and / or why sureties cannot be found;
(c) where death occurred before 15 February 2008, that estate duty has been paid, is not payable, has been postponed or has otherwise been cleared;
(d) who the beneficiaries are, their shares to the estate, ages, and whether the adult beneficiaries consent to the dispensation;
(e) whether there are beneficiaries who are infants or beneficiaries who lack capacity within the meaning of the Mental Capacity Act 2008 (collectively referred to in this paragraph as “vulnerable beneficiaries”), the names of such beneficiaries, the relationship of the administrators to such beneficiaries, whether there are applicable orders under the Guardianship of Infants Act 1934 or Mental Capacity Act 2008 in relation to the property of the vulnerable beneficiaries and the steps that will be taken to protect the interests of such beneficiaries;
(f) whether the estate has any creditors for debts not secured by mortgage, the amount of the debt owed to them, and whether these creditors consent to the dispensation; and
(g) any other information which may be relevant to the application.
(2) In cases where estate duty is payable on the estate, a letter or certificate from the Commissioner of Estate Duties confirming the fact stated in sub-paragraph (1)(c) must be exhibited in the supporting affidavit.
(3) In cases where death occurred before 15 February 2008 and no estate duty is payable on the estate, the administrator(s) must state in the affidavit that no estate duty is payable and that the Schedule of Property Forms have been forwarded to the Court.
(4) The consents in writing of all adult beneficiaries to the dispensation of sureties, duly signed in the presence of a solicitor or any person before whom an affidavit can be sworn or affirmed, shall be filed with the application for dispensation of sureties. A specimen Consent to the Dispensation of Sureties can be found in Form 178 of Appendix C of these Practice Directions.
(5) The steps to be taken by the administrators to protect the interests of vulnerable beneficiaries will depend on the facts of each case and the nature of the assets to be administered. The proposed steps to be taken by the administrators to protect the interests of vulnerable beneficiaries must be in accordance with:
(a) the duty of the administrators to act jointly;
(b) section 17 of the Guardianship of Infants Act (in relation to the administrators transferring or making payment of an infant’s share only to a guardian of the property of the infant who has been empowered by the Court to give a good discharge for any legacy or other capital moneys payable to or receivable by the infant); and
(c) sections 33 and 34 of the Trustees Act 1967 (in relation to the applicable limits to the payments the administrators may make for or towards the maintenance, education or benefit of the infant and for the advancement or benefit of the vulnerable beneficiary).
(6) Where a creditor of the deceased for a debt not secured by mortgage does not consent to the dispensation, the applicant is to serve the application for dispensation of sureties and the affidavit in support of the application on the creditor and inform the creditor of the hearing date of the summons.
216. Issuance of grant
An applicant is not required to file a request to extract a grant.
217. Amendment of originating application and grant
(1) Prior to the issuance of a grant or a memorandum of resealing, where a party seeks to rectify any error in the originating application, the party may apply to Court for permission to amend the originating application by way of a request. The draft amended originating application must be annexed to the request.
(2) Where a grant or memorandum of resealing has been issued and a party seeks to rectify any error in the grant or memorandum of resealing, the party is to apply to the Court for permission to amend the originating application, the Schedule of Assets (where amendment to the title in action of the Schedule of Assets is required) and the grant or memorandum of resealing by way of a summons.
(3) Where an order has been made for the grant of letters of administration, the grant has not been issued, and an applicant seeks to remove or substitute one of the existing administrators or co-administrators or to add further administrators or co-administrators pursuant to section 6(4) of the Probate and Administration Act 1934, the applicant may file a non-contentious application for the relevant orders by way of a summons for:
(a) the order granting letters of administration to be set aside;
(b) amendment of the originating application and Schedule of Assets (if required) to remove the outgoing administrator or co-administrator or to add a new applicant or proposed co-administrator; and
(c) an order for letters of administration to be granted to the applicants or proposed co-administrators named in the amended originating application.
(4) Where a grant of letters of administration has been issued, and an applicant seeks to remove one of the existing administrators or co-administrators, the applicant may file a non-contentious application for the relevant order by way of a summons for:
(a) the grant to the outgoing administrator or co-administrator to be revoked (i.e. a partial revocation); and
(b) amendment of the originating application, Schedule of Assets (if required) and grant to remove the outgoing administrator or co-administrator.
(5) Where a grant of letters of administration has been issued, and an applicant seeks to substitute one of the existing administrators or co-administrators or to add further administrators or co-administrators pursuant to section 6(4) of the Probate and Administration Act 1934, the applicant may file a non-contentious application for the relevant orders by way of a summons for:
(a) the grant to be revoked;
(b) amendment of the originating application and Schedule of Assets (if required) to substitute the outgoing administrator or co-administrator or to add a new applicant or proposed co-administrator;
(c) an order for letters of administration to be granted to the applicants or proposed co-administrators named in the amended originating process; and
(d) amendment of the grant of letters of administration.
(6) The procedures stated in sub-paragraphs (3) and (4) will apply to applications for the removal of executors for grants of probate. Persons who are not named as executors in the will cannot apply to become substituted executors or further executors to a grant of probate under section 8 of the Probate and Administration Act 1934.
(7) The draft amended originating application, draft amended Schedule of Assets (where amendment to the title in action of the Schedule of Assets is required) and the draft amended grant in Portable Document Format (PDF) must be annexed to the summons.
(8) When preparing a draft amended originating application, draft amended Schedule of Assets (where amendment to the title in action of the Schedule of Assets is required) and the draft amended grant in Portable Document Format (PDF), the changes to be made to the latest version of the document filed in Court should be indicated by:
(a) drawing a single line across the words to be deleted; and
(b) underlining the words to be inserted.
(9) An application by way of summons for the amendment of an originating application, Schedule of Assets (where amendment to the title in action of the Schedule of Assets is required) or grant must be supported by an affidavit stating the reasons for the amendment.
(10) Where an order-in-terms is made of the application for permission to amend or for setting aside or revocation, the party must, within 14 days of the order or such time as may be permitted in the order, file the amended originating application by entering the date of the order and the relevant amendments in the appropriate electronic forms. The amended Schedule of Assets (where applicable) is to be filed after the Registry has accepted the amended originating application. A fresh supporting affidavit under Part 6, Rule 3 of the Family Justice (Probate and Other Matters) Rules 2024 and in accordance with paragraphs 209 and 212 of these Practice Directions verifying the amended originating application and amended Schedule of Assets (where applicable) must be filed by the applicant within 14 days of the order or within the time directed by the Court.
(11) The Registry will not issue the amended grant until the amended originating application, amended Schedule of Assets (where applicable) and supporting affidavit have been filed.
(12) The provisions in this paragraph in relation to setting aside, revocation, and amendment of a grant do not apply to:
(a) applications for grants of letters of administration in relation to unadministered estates where there are no surviving executors or administrators under section 25 of the Probate and Administration Act 1934;
(b) applications for a grant under section 27 of the Probate and Administration Act 1934 after an earlier grant has expired by effluxion of time or the happening of the event or contingency on which it was limited; and
(c) contentious applications for revocation of grants which must be filed under Part 7 of the Family Justice (Probate and Other Matters) Rules 2024.
Applicants in such cases are to file the relevant fresh applications using the appropriate electronic form or file an originating claim to commence a contentious probate action.
218. Words or expressions where translation is not required
A translation certified by a court interpreter or verified by an affidavit of a person qualified to translate the document is not required for the following words or expressions in the Malay language where the words or expressions appear in a document which is mainly in the English language:
| Word / Expression in Malay | Accepted Translation in English |
|---|---|
Barat | West |
Timur | East |
Tahan | Years |
Lelaki | Male |
Perempuan | Female |
HB / Hari Bulan | Day of |
Januari | January |
Februari | February |
Mac | March |
April | April |
Mei | May |
Jun | June |
Julai | July |
Ogos | August |
September | September |
Oktober | October |
November | November |
December | December |
Maklumat Tidak Berkenaan | Information Not Available |
Melayu [under Keturunan [Race]] | Malay |
Cina [under Keturunan [Race]] | Chinese |
India [under Keturunan [Race]] | Indian |
Serani [under Keturunan [Race]] | Eurasian |
Kaukasia [under Keturunan [Race]] | Caucasian |
Lain-lain [under Keturunan [Race]] | Others |
Salinan Diakui Sah/ Salinan Disahkan | Certified True Copy |
Pendaftar | Registrar |
Timbalan Pendaftar | Deputy Registrar |
Pendafter Kanan | Senior Registrar |
Penolong Kanan Pendaftar | Senior Assistant Registrar |
Penolong Pendaftar | Assistant Registrar |
Mahkamah Tinggi | High Court |
KP / Kad Pengenalan | Identity Card |
Sakit Tua (as in Sebab Kematian – Cause of Death) | Sickness due to old age |
Kompleks Mahkamah | Court Complex |
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