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Contents

Part 6 · Non-Contentious Probate Proceedings

22. Grants where deceased died domiciled outside Singapore (P. 6, r. 22)

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(1)

Where the deceased died domiciled outside Singapore, an application may be made to the Registrar for an order for a grant —

(a)

to the person entrusted with the administration of the estate by the court or authority having jurisdiction in matters of probate at the place where the deceased died domiciled;

(b)

to the person entitled to administer the estate by the law of the place where the deceased died domiciled;

(c)

if there is no such person as is mentioned in sub‑paragraph (a) or (b) or if in the opinion of the Registrar the circumstances so require, to such person as the Registrar may direct; or

(d)

if, by virtue of section 6, a grant is required to be made to, or if the Registrar in his or her discretion considers that a grant should be made to, not less than 2 administrators, to such person as the Registrar may direct jointly with any such person as is mentioned in sub‑paragraph (a) or (b) or with any other person.

(2)

Despite paragraph (1), where there is no such application mentioned in that paragraph —

(a)

probate of any will which is admissible to proof may be granted —

(i)

if the will is in the English language, to the executor named in the will; or

(ii)

if the will describes the duties of a named person in terms sufficient to constitute him or her as an executor according to the tenor of the will, to that person; and

(b)

where the whole of the estate in Singapore consists of immovable property, a grant limited to that immovable property may be made in accordance with the law which would have been applicable if the deceased had died domiciled in Singapore.

Subregulation 1

Where the deceased died domiciled outside Singapore, an application may be made to the Registrar for an order for a grant —

(a)

to the person entrusted with the administration of the estate by the court or authority having jurisdiction in matters of probate at the place where the deceased died domiciled;

(b)

to the person entitled to administer the estate by the law of the place where the deceased died domiciled;

(c)

if there is no such person as is mentioned in sub‑paragraph (a) or (b) or if in the opinion of the Registrar the circumstances so require, to such person as the Registrar may direct; or

(d)

if, by virtue of section 6, a grant is required to be made to, or if the Registrar in his or her discretion considers that a grant should be made to, not less than 2 administrators, to such person as the Registrar may direct jointly with any such person as is mentioned in sub‑paragraph (a) or (b) or with any other person.

Subregulation 2

Despite paragraph (1), where there is no such application mentioned in that paragraph —

(a)

probate of any will which is admissible to proof may be granted —

(i)

if the will is in the English language, to the executor named in the will; or

(ii)

if the will describes the duties of a named person in terms sufficient to constitute him or her as an executor according to the tenor of the will, to that person; and

(b)

where the whole of the estate in Singapore consists of immovable property, a grant limited to that immovable property may be made in accordance with the law which would have been applicable if the deceased had died domiciled in Singapore.

Report

Part 7

Contentious Probate Proceedings

Part 8

Inheritance (Family Provision) Act 1966

Part 9

Legitimacy Act 1934

Part 10

Wills Act 1838

Part 11

Disability

Part 12

Appeals from Applications in Actions, Registrar’S Decisions and Trials of Originating Application by District Judge or Magistrate

Part 13

Appeals from Judgments and Orders After Trial

Part 14

Transfer of Proceedings

Part 15

Contempt of Court

Part 16

Costs

Part 17

Court Fees

Part 18

Lodgment in Court, Money in Registry and Payment to Bailiff

Schedules