Who can be the sureties in Letters of Administration?

Prior to the extraction of the Grant of Letters of Administration (including for Resealing of Letters of Administration cases), the Court may require the Administrator(s) (“the Applicant”) to provide 2 sureties for the Court’s consideration.

A surety is someone who is responsible or liable for the action or conduct of the Administrator(s).

Generally, the following particulars of the proposed sureties (Singapore Citizens or Permanent Residents only) and their respective assets need to be furnished:-

(a) full names of the sureties, they should not be standing as a guarantor or surety for any other matters
(b) relationship of the sureties to the Applicants, and they should not be beneficiaries of the estate
(c) list of assets of each surety:-

  1. money in bank – to state which bank and to provide copies of the latest bank statements;
  2. private property – to state if the property is in sole or joint ownership and provide supporting documents. If propery is held in joint tenancy, all joint tenants are to be included as sureties. Protected property under section 51 of the Housing & Development Board Act (Cap. 129) is not to be used for the purpose of justification;
  3. shares – to provide statement; and
  4. any other assets – to provide supporting documents.

If the proposed sureties are accepted by the Court, the Applicant will need to file the Affidavit of Justification.

Alternatively, if the Applicant is unable to provide 2 sureties, then an application may be made for dispensation of sureties to the Court, and the Applicant needs to comply with the relevant practice directions of the Family Justice Courts.