Singapore legislation
Section 5
Section 5
Powers of consular officers in relation to property in Singapore of deceased persons
(1)
Subject to subsection (2), where —
any person who is a national of a State to which this section applies (called in this section a relevant person) —
is named as executor in the will of a deceased person disposing of property in Singapore; or
is otherwise a person to whom a grant of representation to the estate in Singapore of a deceased person may be made;
a consular officer of that State has made an application to the court for a grant of representation to the estate of the deceased person;
the court is satisfied that the relevant person is not resident in Singapore; and
no application for a grant of representation has been made by the relevant person or by any person duly authorised under a power of attorney to act for the relevant person in that behalf,the court must make to the consular officer such grant of representation to the estate of the deceased person as the court would have made had the consular officer been authorised by the relevant person in accordance with paragraph (d).
(2)
The court may, if it thinks fit, postpone the making of a grant under subsection (1) during such period as the court considers appropriate having regard to the circumstances of the case.
(3)
Subsections (4) and (5) apply where a relevant person is not resident in Singapore and —
is entitled to payment or delivery of any money or property —
in respect of any interest in the estate of a deceased person; or
vesting in possession on the death of any person;
is entitled to payment of any money becoming due on the death of any person; or
is a person to whom any money or property comprised in the estate of a deceased person may be paid or delivered under any written law authorising the payment or delivery of such money or property without representation to the estate of the deceased person being granted.
(4)
A consular officer of the State of which the relevant person is a national has the like right and power to receive and give a valid discharge for any money or property mentioned in subsection (3) in Singapore as if the consular officer were duly authorised by a power of attorney to act for the relevant person in that behalf.
(5)
Despite subsection (4), no person is authorised or required by that subsection to pay or deliver any money or property to a consular officer if the person has knowledge that any other person in Singapore has been expressly authorised to receive that money or property on behalf of the relevant person.
(6)
A grant of administration made under this section may be made to the consular officer by the official title, and to the successors in title, of the consular officer, and where a grant is so made —
the office of administrator and all the estate, rights, duties and liabilities of the administrator (including liabilities under the administration bond) vest in and are imposed on the person for the time being holding the office; and
no fresh grant is required by reason only of the death or vacation of office of the person to whom the grant was made or in whom it is vested.
(7)
Subsection (6) does not affect any limitation contained in the grant of administration or any power of the court to revoke the grant.
(8)
Despite section 6(2) of the Probate and Administration Act 1934 (which provides that in the case of a minority or a life interest, letters of administration must be granted either to a trust corporation or to not less than 2 individuals) —
letters of administration of an estate may in any case be granted under this section to a consular officer alone; and
section 6(4) of that Act (which provides for the appointment of additional personal representatives in the case of a minority or a life interest) does not apply in any case where the existing personal representative is a consular officer appointed under this section.
(9)
Without affecting section 29(3) of the Probate and Administration Act 1934 (which enables the court or the registrar of the Family Justice Courts to dispense with sureties to administration bonds in certain cases), no surety is required to an administration bond given by a consular officer upon the grant of letters of administration under this section.
(10)
This section does not affect sections 59, 60 and 61 of the Probate and Administration Act 1934.
(11)
Despite section 4(1), a consular officer is not entitled to any privilege or immunity in respect of —
any act done by virtue of powers conferred on the consular officer by this section or by section 59 of the Probate and Administration Act 1934; or
any document for the time being in the consular officer’s possession relating thereto.
(12)
The Minister may, by order in the Gazette, direct that this section applies to any State specified in the order, being a State with which a consular convention providing for the matters mentioned in this section has been concluded with Singapore.
(13)
Any order made under subsection (12) is to be presented to Parliament as soon as possible after publication in the Gazette.
(14)
In this section, “consular officer” means a consul general, consul, vice-consul or consular agent representing a State to whom an exequatur or provisional or other authorisation to perform consular functions has been granted.