Singapore legislation

Regulation 31

of Family Justice (Probate and Other Matters) Rules 2024

Regulation 31

Administration bonds (P. 6, r. 31)

Subregulation 1

An administration bond under section 29 must be in Form 168 and the signature of the administrator and any surety (not being in either case a corporation) must be attested by any of the following persons:

(a)

a commissioner for oaths;

(b)

where the administration bond is made outside Singapore, a notary public or any other person authorised by the law in the place where the document is executed to administer oaths.

Subregulation 2

Except in a case to which paragraph (3) applies or where the Registrar otherwise directs, there must be 2 sureties to every administration bond.

Subregulation 3

No surety is required on an application for a grant of administration —

(a)

by a trust corporation, whether alone or jointly with an individual;

(b)

by an employee of the Government acting in his or her official capacity; or

(c)

where the deceased left no estate.

Subregulation 4

The Registrar must so far as possible satisfy himself or herself that every surety to an administration bond is a responsible person.

Subregulation 5

Unless the Registrar otherwise directs, no person is to be accepted as a surety unless he or she is resident in Singapore.

Subregulation 6

No officer of the Registry is to become a surety without the permission of the Registrar.

Subregulation 7

Where the proposed surety is a corporation (other than a trust corporation), the proper officer of the corporation must file an affidavit —

(a)

to the effect that it has power to act as surety and has executed the bond in the manner prescribed by its constitution; and

(b)

containing sufficient information as to the financial position of the corporation to satisfy the Registrar that its assets are sufficient to satisfy all claims which may be made against it under any administration bond in respect of which it is or is likely to become a surety.

Subregulation 8

Despite paragraph (7), the Registrar may, instead of requiring an affidavit in every case, accept an affidavit made no less than once in every year together with an undertaking by the corporation to notify the Registrar as soon as practicable in the event of any alteration in its constitution affecting its power to become surety to administration bonds.

Subregulation 9

An application under section 31 for an order to assign an administration bond must —

(a)

be made by summons to the Registrar; and

(b)

be served on the administrator and on every surety.