Overview #
An affidavit of foreign law is required in certain probate applications where the deceased died domiciled outside Singapore.
Its purpose is to assist the Singapore court in understanding the applicable foreign succession law when determining entitlement to administer and distribute the estate.
Under the Family Justice Courts Practice Directions 2024, specific requirements apply to the preparation and content of such affidavits.
When an Affidavit of Foreign Law Is Required #
An affidavit of foreign law, or a certificate issued by a notary, must be filed for any application for a grant of representation where the deceased was domiciled outside Singapore.
The affidavit must be submitted electronically at the time the originating application is filed.
Who May Provide the Affidavit or Certificate #
The affidavit must be made by a person who is qualified to give expert evidence on the relevant foreign law.
Alternatively, a certificate may be issued by a notary practising in the country or territory where the deceased was domiciled, if local law permits.
The person providing the affidavit or certificate must be independent.
They must not be:
- A person claiming entitlement to the grant
- The attorney of such a person
- The spouse of such a person or attorney
Issues That Must Be Addressed in the Affidavit #
The affidavit must address different issues depending on the type of grant applied for.
For an application for a Grant of Probate, the affidavit must state who is entrusted with the administration of the estate under the foreign law.
It must also confirm whether the will was properly executed in accordance with section 5 of the Wills Act 1838.
For an application for Letters of Administration, the affidavit must state who is entitled to administer the estate under the foreign law.
It must identify the beneficiaries and explain their entitlements.
Where applicable, it must also state the shares of any minor beneficiaries.
For an application for Letters of Administration with Will Annexed, the affidavit must address all the matters required for both probate and letters of administration.
In addition, it must deal with whether a life interest arises under the will.
Additional Requirements for Non-Contentious Applications #
In non-contentious probate proceedings, the affidavit of foreign law must include further supporting material.
The deponent must provide a curriculum vitae setting out relevant qualifications and experience, with particular reference to the issues on which the expert opinion is given.
The affidavit must clearly state the expert’s opinion on the applicable foreign law issues.
It must also exhibit the relevant primary sources of foreign law relied upon, such as statutes, case law, or authoritative legal texts.
Use of Notarial Certificates #
Where a notary issues a certificate in relation to foreign law, the certificate must confirm that the notary is independent of the applicants.
It must identify the foreign law that authorises the notary to certify matters relating to estate administration and distribution.
The certificate must also set out the applicable foreign law provisions and address the relevant probate issues.
Contested Proceedings #
If the probate application becomes contested, the applicant must comply with the applicable guidelines governing expert evidence on foreign law.
This includes compliance with the relevant court rules and established appellate guidance on expert reports.
Importance of Compliance #
Affidavits of foreign law play a critical role in cross-border estate matters.
Failure to comply with the Practice Directions may result in delays, requisitions, or rejection of the application.
Professional legal guidance is strongly recommended where foreign law issues arise.
📌 For informational purposes only. Not legal advice. Laws and court practices may change. Consult a qualified Singapore lawyer for advice on your specific situation.
Related Links #
Disclaimer #
This guide is provided for informational purposes only and is not intended to serve as legal advice. While we strive to ensure the accuracy and completeness of the information provided, laws and regulations may change over time and may vary depending on specific circumstances.
Users of this guide should not act upon the information contained herein without seeking professional legal counsel. Loh Eben Ong LLP does not assume any liability for any errors or omissions in the content or for actions taken based on the information provided. For the most current legal advice and to address specific legal issues, please consult a qualified lawyer.
