Documents required for Probate matters from Clients

Introduction #

To enable us to commence the Originating Summons for any probate case, we would require the following initial documents and/or information (may not be exhaustive). Below are some of the common grants of respresentation to be applied in Singapore to deal with the deceased’s person assets in Singapore, and the list below is not exhaustive.

The first the next of kin of a deceased person should do is to determine whether the deceased died domicile in Singapore, or outside Singapore, and if outside Singapore, which country.

Grant of Probate (Singapore Domicile) #

Brief Description #

When a deceased individual, who was domiciled in Singapore, leaves a valid will, the executor named in the will must apply for a Grant of Probate to administer the estate. This legal document authorises the executor to collect the deceased’s assets, pay any debts, and distribute the remaining assets according to the will. The court’s acceptance of the will is required, and it may necessitate an affidavit of due execution from the witnesses to confirm that the will was properly signed by the deceased.

Documents #

  1. Death certificate of the deceased
  2. Last will and codicil (if any) of the deceased
  3. Identity documents of executor(s), eg. NRIC, Passport
  4. Death certificate of any named executor named in the will
  5. List of assets with corresponding documents, eg. bank statements, insurance policies

Note:

  • For documents required for court filings, if any are in a non-English language or contain non-English words, an English translation will be done in Singapore at the cost and expense of the applicant/client.
  • For the deceased’s last will, this is subject to the court’s acceptance of the same, and the court may require affidavit of due execution of the will by the deceased from the witnessses of the will and other requirements.

Letters of Administration (Singapore Domicile) #

Brief Description #

If an individual domiciled in Singapore dies without a will, the next of kin must apply for Letters of Administration to manage and distribute the deceased’s estate. This document appoints an administrator to handle the estate according to the laws of intestacy.

Documents #

  1. Death certificate of the deceased
  2. Identity documents of intended administrator(s), eg. NRIC, Passport
  3. List of beneficiaries with their respective names, identity numbers, dates of birth, relationships to the deceased, residential addresses, and identity documents.
  4. If any beneficiary of the deceased’s estate is an infant (under 21 years) or lacks mental capacity, then there shall be two administrators, and the particulars and identity documents shall be provided. In that event, two sureties are required by the court, and to apply for dispensation of requirement of sureties, the remaining beneficiaries must sign a consent form under oath.
  5. Relationship documents of beneficiaries, eg. marriage certificate, birth certificate
  6. List of assets with corresponding documents, eg. bank statements, insurance policies
  7. Death certificate(s) of beneficiaries, eg. original death certificate of spouse or parent
  8. Divorce certificate(s) (if applicable), eg. original sealed extract from the court, certified true copy by a Singapore lawyer
  9. For documents required for court filings, eg. death certificate and inheritance certificate, if any of them is in non-English language or contain non-English words, English translation will be done in Singapore at the cost and expense of the applicant/client.

Resealing of Grant of Probate (Commonwealth Domicile) #

Brief Description #

When a deceased person was domiciled in a Commonwealth country (including Hong Kong SAR) and the executor has already obtained a Grant of Probate from that country, the executor can apply to have this foreign grant resealed in Singapore. This process allows the foreign grant to be recognised and used to manage the deceased’s assets located in Singapore.

Documents #

  1. Grant of Probate issued by a Foreign Court. If the foreign grant is in electronic format, please email us a copy.
  2. Foreign Court’s official English translation of the Grant of Probate (if applicable)
  3. Copy of death certificate of the deceased
  4. Last will and codicil (if any) of the deceased
  5. Identity documents of the executor(s), eg. NRIC, Passport
  6. List of assets with corresponding documents, eg. bank statements, insurance policies

Note: For documents required for court filings, if any are in a non-English language or contain non-English words, an English translation will be done in Singapore at the cost and expense of the applicant/client.

Resealing of Letters of Administration (Commonwealth Domicile) #

Brief Description #

If a deceased person domiciled in a Commonwealth country (including Hong Kong SAR) died without a will and Letters of Administration were issued by a foreign court, the administrator can apply to have these letters resealed in Singapore. This enables the foreign letters to be recognised in Singapore, allowing the administrator to manage the deceased’s Singapore assets. For resealing of Letters of Administration, the court requires two sureties the administrator to provide two sureties.

Documents #

  1. Letters of Administration issued by a Foreign Court. If the foreign grant is in electronic format, please email us a copy.
  2. Foreign Court’s official English translation of the Grant of Letters of Administration (if applicable)
  3. Copy of death certificate of the deceased
  4. List of beneficiaries with their respective names, identity numbers, dates of birth, relationships to the deceased, residential addresses, and identity documents. Two sureties are required by the court and to apply for dispensation of sureties, the remaining beneficiaries must sign a consent form under oath.
  5. Copies of relationship documents of the beneficiaries, e.g., marriage certificate, birth certificate
  6. List of assets with corresponding documents, eg. bank statements, insurance policies
  7. Death certificate(s) of beneficiaries, eg., death certificate of spouse or parent

Note: For documents required for court filings, if any are in a non-English language or contain non-English words, an English translation will be done in Singapore at the cost and expense of the applicant/client.

Grant of Probate of Will in English language (Foreign Domicile) #

Brief Description #

For deceased individuals who died domiciled outside of Singapore and have a will in English, the executor may apply for a Grant of Probate in Singapore to manage the deceased’s assets located here but subject to rule 227(2) of the Family Justice Rules 2014 (FJR) and other provisions of the law. This process involves verifying the will and confirming the executor’s authority to act. The court’s acceptance of the will is required, and the court may require an affidavit of due execution from the witnesses to confirm that the will was properly signed by the deceased.

Rule 227(2) of FJR provides as follows:

  • Probate of any will admissible to proof may be granted:
    • If the will is in English, to the executor named in the will.
    • If the will describes the duties of a named person in terms sufficient to constitute him as an executor according to the tenor of the will, to that person.

Please also refer to article: Grants Where Deceased Died Domiciled Outside Singapore

Documents #

  1. Death certificate of the deceased (English translation for non-English language)
  2. Last will and codicil (if any) of the deceased (must be in English language)
  3. Identity documents of executor(s) applying for the Grant of Probate, eg. NRIC, Passport
  4. Death certificate of any executor named in the will
  5. List of assets with corresponding documents, eg. bank statements, insurance policies

Note:

  • For documents required for court filings, if any are in a non-English language or contain non-English words, an English translation will be done in Singapore at the cost and expense of the applicant/client.
  • For the deceased’s last will, this is subject to the court’s acceptance of the same, and the court may require affidavit of due execution of the will by the deceased from the witnessses of the will and other requirements.

Grant of Probate (Foreign Domicile) with Affidavit of Law #

Brief Description #

Grant of Probate #

When a deceased person domiciled outside Singapore has a valid will and assets in Singapore, the executor may be required to apply for a Grant of Probate in the Singapore court. This must be supported by an affidavit of law from a foreign lawyer in the deceased’s country of domicile. This affidavit confirms that the will and executor’s appointment are valid under the laws of the deceased’s domicile. The court’s acceptance of the will is required, and subject to its review of the will, the court may require an affidavit of due execution from the witnesses to confirm that the will was properly signed by the deceased.

Notwithstanding an affidavit of law filed into court, the court may require additional information and/or documents to be filed, and further affidavits from the foreign lawyer may be required.

Resealing without Affidavit of Law (if applicable) #

Alternatively, if the deceased person was domiciled in a Commonwealth country (including Hong Kong SAR) and the executor has already obtained a Grant of Probate from that country, the executor can apply to have this foreign Grant of Probate resealed in Singapore (see above). In that event, the court does not require an affidavit of law from a foreign lawyer in the deceased’s country of domicile.

Documents for Grant of Probate #

  1. Death certificate of the deceased
  2. Last will and codicil (if any) of the deceased
  3. Identity documents of executor(s) applying for the Grant of Probate, eg. NRIC, Passport
  4. Death certificate(s) of any named executor named in the will
  5. Contact details of a foreign lawyer in the country of the deceased’s domicile. The lawyer must be a practising lawyer conversant in spoken and written English and the succession laws of the deceased’s domicile. The client will engage the foreign lawyer at their cost, and the foreign lawyer will communicate with our lawyer regarding the requisite affidavit of law for filing in the Singapore court.
  6. An affidavit of law from a foreign lawyer in the deceased’s country of domicile
  7. List of assets with corresponding documents, eg. bank statements, insurance policies

Please also refer to article: Grants Where Deceased Died Domiciled Outside Singapore

Note:

  • For documents required for court filings, if any are in a non-English language or contain non-English words, an English translation will be done in Singapore at the cost and expense of the applicant/client.
  • For the deceased’s last will, this is subject to the court’s acceptance of the same, and the court may require affidavit of due execution of the will by the deceased from the witnessses of the will and other requirements.

Letters of Administration (Foreign Domicile) with Affidavit of Law #

Brief Description #

Letters of Administration #

If a deceased individual domiciled outside Singapore dies without a will and leaves assets in Singapore, the next of kin must apply for Letters of Administration supported by an affidavit of law from a foreign lawyer. This affidavit verifies who is entitled to administer the estate under the laws of the deceased’s domicile. Notwithstanding an affidavit of law filed into court, the court may require additional information and/or documents to be filed, and further affidavits from the foreign lawyer may be required.

Resealing without Affidavit of Law (if applicable) #

Alternatively, if the deceased person was domiciled in a Commonwealth country (including Hong Kong SAR) and the administrator has already obtained a Grant of Letters of Administration from that country, the administrator can apply to have this foreign Letters of Administration resealed in Singapore (see above). In that event, the court does not require an affidavit of law from a foreign lawyer in the deceased’s country of domicile.

Documents for Letters of Administration #

  1. Death certificate of the deceased.
  2. Contact details of a foreign lawyer in the country of the deceased’s domicile. The lawyer must be a practising lawyer conversant in spoken and written English and the succession laws of the deceased’s domicile. The client will engage the foreign lawyer at their cost, and the foreign lawyer will communicate with our lawyer regarding the requisite affidavit of law for filing in the Singapore court.
  3. An affidavit of law from a foreign lawyer in the deceased’s country of domicile
  4. As advised by the foreign lawyer, provide particulars of the deceased’s next of kin entitled to apply for a grant of letters of administration (or similar proceedings) in the deceased’s domicile, and identify who among them is applying for the grant of letters of administration in Singapore. We require the identity documents, e.g., passports, identity cards, of those persons.
  5. List of beneficiaries (in accordance with the law of the deceased’s domicile) with their respective names, identity numbers, dates of birth, relationships to the deceased, and residential addresses, along with their identity documents, e.g., passports, identity cards
  6. Relationship documents of the beneficiaries/applicants, eg. marriage certificate, birth certificate, divorce certificate
  7. List of assets with corresponding documents, eg. bank statements, insurance policies
  8. Death certificate(s) of any deceased beneficiary or person entitled to apply for the grant of letters of administration under the laws of the deceased’s domicile

Please also refer to article: Grants Where Deceased Died Domiciled Outside Singapore

Note: For documents required for court filings, if any are in a non-English language or contain non-English words, an English translation will be done in Singapore at the cost and expense of the applicant/client.

Grant Limited to Immovable Property (Foreign Domicile) #

In cases where the deceased’s entire estate in Singapore consists of immovable property (such as land or buildings), and there is no other application as mentioned in Rule 227(1), a special type of grant can be made. This grant is limited to the immovable property and will be issued according to the law that would have applied if the deceased had died domiciled in Singapore. This allows the property to be managed and transferred without dealing with other aspects of the estate that may be located outside Singapore.

Please also refer to article: Grants Where Deceased Died Domiciled Outside Singapore

Probate Application and Charges #

To find out our current probate application charges, please submit our Probate Quote form.

To submit your probate application for engagement of Loh Eben Ong LLP, please submit our Probate Online form.

To upload relevant documents for your probate application, please submit our Probate Upload form.