Singapore legislation

Section 13

of Probate and Administration Act 1934

Section 13

On failure of executors

(1)

Where —

(a)

no executor is appointed by a will;

(b)

the executor or all the executors appointed by will are legally incapable of acting as such, or have renounced the right to act as such;

(c)

no executor survives the testator;

(d)

all the executors die before obtaining probate or before having administered all the estate of the deceased; or

(e)

the executors appointed by any will do not appear and extract probate,letters of administration with the will annexed may be granted to such person or persons as the court considers the fittest to administer the estate.

(2)

A prior right to a grant under subsection (1) shall belong to the following persons in the following order:

(a)

a universal or residuary legatee;

(b)

a legal personal representative of a deceased universal or residuary legatee;

(c)

such person or persons, being beneficiaries under the will, as would have been entitled to a grant of letters of administration if the deceased had died intestate;

(d)

a legatee having a beneficial interest;

(e)

a creditor of the deceased.

Read in full context — Probate and Administration Act 1934 →