Part 24: Non-Contentious Probate Proceedings

PART 24: NON-CONTENTIOUS PROBATE PROCEEDINGS For the complete documentation index, see llms.txt. Markdown versions of documentation pages are available by appending .md to page URLs; this page is available as Markdown.

PART 24: NON-CONTENTIOUS PROBATE PROCEEDINGS 207. Application of this Part 208. Applications for grant of probate or letters of administration or resealing 209. Filing of supporting affidavit 210. Affidavits of due execution and affidavits as to terms, conditions and date of execution of will 211. Affidavits of foreign law or certificate of notary in relation to foreign law 212. Filing of Schedule of Assets for estates where death occurs on or after 15 February 2008 213. Filing of schedules of property for non-dutiable estates where death occurred before 15 February 2008 214. Security for grants of letters of administration 215. Applications for dispensation of sureties for grants of letters of administration 216. Issuance of grant 217. Amendment of originating application and grant 218. Words or expressions where translation is not required

207. Application of this Part The directions in this Part apply to applications filed under Part 6 of the Family Justice (Probate and Other Matters) Rules 2024.

207. Application of this Part Where the words and phrases defined in Part 6, Rule 1 of the Family Justice (Probate and Other Matters) Rules 2024 are used in this Part, they have the same meaning as defined in Part 6, Rule 1 of the Family Justice (Probate and Other Matters) Rules 2024, unless otherwise specified.

208. Applications for grant of probate or letters of administration or resealing Filing of originating application and supporting documents

208. Applications for grant of probate or letters of administration or resealing An application for:

208. Applications for grant of probate or letters of administration or resealing a grant of probate or letters of administration made under Part 6, Rule 3 of the Family Justice (Probate and Other Matters) Rules 2024; or (b) resealing made under Part 6, Rule 46 of Family Justice (Probate and Other Matters) Rules 2024, must be made by originating application without notice in Form 162 of Appendix C of these Practice Directions with a certified true copy of the will or foreign grant, if any, and other supporting papers.

208. Applications for grant of probate or letters of administration or resealing Prior to filing the originating application, the applicant may conduct a litigation search in the record of caveats and the record of probate applications to ascertain if there are any caveats or previous probate applications in respect of the estate and to consider whether to proceed with the filing.

208. Applications for grant of probate or letters of administration or resealing For deaths occurring before 15 December 2003, the applicant must state in the originating application, whether to the best of the applicant’s knowledge, there are any caveats or probate applications in respect of the deceased’s estate. The applicant is not required to state the position with respect to caveats and probate applications for deaths occurring on or after 15 December 2003.

208. Applications for grant of probate or letters of administration or resealing The originating application must be submitted by entering the relevant information in the appropriate electronic form. The following documents are to be submitted at the same time as the originating application:

208. Applications for grant of probate or letters of administration or resealing where the deceased has been issued a digitally verifiable document by the Registrar of Births and Deaths, Singapore (e.g. a Digital Death Certificate or Digital Death Extract) (referred to in this Part collectively as a “Digital Death Certificate”), a copy of the Digital Death Certificate (unless the Electronic Filing Service indicates that a copy of the Digital Death Certificate is not required to be filed); (b) where a Digital Death Certificate is not available, a certified true copy of the death certificate of the deceased or a certified true copy of the order of Court for presumption of death of the deceased; (c) where there is an original will (and / or codicil(s)), a certified true copy that is certified on every page. If there is insufficient space on any page to affix the certified true copy stamp that is normally used, such page(s) can be scanned to include a margin or space (on A4-equivalent softcopy) by scanning at a reduction ratio that is no less than 90%. If this is also not possible, the solicitor may file a copy of the will (and codicil(s), where applicable) with a cover page containing a certification that “This is a certified true copy of the will (and / or codicil(s)) of \[name of deceased] dated \[date], pages \[X] to \[Y].” provided that a request is made to the Registry, explaining why certification on every page is not possible, and such a request is approved by the Registry; (d) where the applicant is making an application under section 9 of the Probate and Administration Act 1934 for probate of a copy of the will, the certified true copy of the will is to contain the certification “This is a certified true copy of the will of \[name of deceased] dated \[date] admitted to proof pursuant to an order of court dated \[date of order] in \[case number in which the order was given].” on a covering page that is to be attached to the certified copy of the will; (e) if the applicant requires a clean copy of the original will to be engrossed for any purpose, the applicant may file a request to engross a clean copy of the will to be annexed to the extracted grant and state the reasons for the request; (f) in the case of a resealing of a foreign grant, a copy of the original sealed foreign grant or a sealed certified true copy of the foreign grant issued by the foreign court or authority; (g) where the foreign grant is issued by the foreign court or authority in an electronic format, the digitally verifiable sealed foreign grant downloaded from the website of the foreign court or authority with the certification by a solicitor on a covering page that is to be attached to the foreign grant stating “The undersigned has verified that this document is the electronic sealed foreign grant downloaded from \[state the website of the foreign court or authority] and the authenticity of this document.”; (h) in the case of an estate of a Muslim person who died domiciled in Singapore, a certified true copy of the inheritance certificate issued by the Syariah Court; (i) in relation to deaths occurring on or after 15 February 2008, a Schedule of Assets listing the property comprising the estate of the deceased in accordance with paragraph 212 of these Practice Directions (if available); and (j) any other documents in support of the originating application required under the Probate and Administration Act 1934 or the Family Justice (Probate and Other Matters) Rules 2024.

208. Applications for grant of probate or letters of administration or resealing The administration oath under section 28 of the Probate and Administration Act 1934 may be filed at the same time as the supporting affidavit under Part 6, Rule 3 of the Family Justice (Probate and Other Matters) Rules 2024 as required by paragraph 209.

208. Applications for grant of probate or letters of administration or resealing Where applicable, solicitors are to indicate through the Electronic Filing Service that they have verified the authenticity of the digitally verifiable document issued by the Registry of Births and Deaths, Singapore (e.g. a Digital Death Certificate).

208. Applications for grant of probate or letters of administration or resealing An electronic filing checklist will be generated and a provisional reference number will be issued when the originating application and supporting documents are filed. The electronic filing checklist will indicate the status of the documents filed. It will be the means by which the Court indicates whether any other documents or further action is required on the part of the applicant. The provisional reference number allows for the easy referencing and monitoring of the electronic filing checklist during the initial phase of filing.

208. Applications for grant of probate or letters of administration or resealing The original will, original foreign grant or sealed certified true copy of the foreign grant (if any) must be submitted to the Probate Counter by 4.30 p.m. of the next operating day of the Probate Counter after the filing of the originating application for verification. Where the original will has been retained in the custody of a foreign court or authority, a certified true copy of the will by that foreign court or authority must be filed and submitted for verification in place of the original. Where the foreign grant is issued by the foreign court or authority in an electronic format, the applicant or his or her solicitor is to satisfy the Probate Counter on an electronic device that the document in the court file is the digitally verifiable sealed foreign grant downloaded from website of the foreign court or authority.

208. Applications for grant of probate or letters of administration or resealing The Probate Counter will return the original will, original foreign grant or sealed certified true copy of the foreign grant to the applicant after verifying that the copy of the document in the court file is an exact copy of the original document submitted.

208. Applications for grant of probate or letters of administration or resealing When the Court is satisfied that the originating application and the supporting documents have been properly filed and verified, a probate number will be issued in place of the provisional reference number. This probate number will be tied to the same electronic filing checklist.

208. Applications for grant of probate or letters of administration or resealing In the originating application without notice, the applicant is to specify where required:

208. Applications for grant of probate or letters of administration or resealing the particulars of the deceased and the applicant; (b) in relation to the domicile of the deceased, the country (e.g. Singapore, Malaysia) and the state if state law applies to the distribution and administration of the estate (e.g. New York, New South Wales);

208. Applications for grant of probate or letters of administration or resealing whether the application for a grant is filed within 6 months from the death of the deceased and if not, the reasons for the delay; (d) whether the applicant is or is not an undischarged bankrupt and the details of the order of Court granting the applicant who is an undischarged bankrupt permission to act as the personal representative of the estate;

208. Applications for grant of probate or letters of administration or resealing in an application for probate: (i) whether the applicant is the sole executor or sole executrix (where there is one executor or executrix only named in the will) or one of the executors or executrices named in the will; (ii) where there are executors other than the applicant named in the will, the status of the other executors (e.g. deceased, renounced, power reserved of making the like grant); (iii) where the applicant is applying for double probate, the details of the previous probate case granting probate to the other executor(s) named in the will with power being reserved of making the like grant to the applicant;

208. Applications for grant of probate or letters of administration or resealing in an application for letters of administration: (i) in relation to nationality, the country; (ii) the religion of the deceased, e.g. Christian, Buddhist, Hindu, Free Thinker, Muslim, (if a Muslim, specify the Mazhab (i.e. school of thought) to which he or she belonged); (iii) in relation to marital status, whether the deceased was, e.g. married, divorced, a widower, a widow, a spinster or a bachelor; (iv) the relationship of the applicant to the deceased (if any) and the capacity in which the applicant is making the application: Descriptions to be used for relationship and capacity where the applicant is a beneficiary of the estate

208. Applications for grant of probate or letters of administration or resealing the particulars of beneficiaries including the name, gender, age or date of birth and relationship to the deceased and whether there are beneficiaries who lack mental capacity within the meaning of the Mental Capacity Act 2008; (vi) the particulars of spouse and other next of kin who are deceased, including the name, gender, date of death and relationship to the deceased; (vii) particulars of person(s) with prior rights or equal rights to a grant, the manner of clearing off and the relevant date of clearing off (the clearance of equal rights being optional); (viii) in relation to minor beneficiaries, whether there are minority interests and if so, the name and share entitlement of each minor beneficiary; (ix) in relation to the particulars of co-administrators, the name of the proposed co-administrator, identification number, address, and relationship to the deceased, if any; and (x) any other relevant information in support of the originating application;

208. Applications for grant of probate or letters of administration or resealing in an application for letters of administration with will annexed, in addition to sub-paragraph (f): (i) whether the testator did not in the will name any executor, the executors named in the will have died, the executors named in the will have renounced probate and execution of the will, the testator did not in the will name any residuary legatee, or any other reason why an application for administration with will annexed is being made; (ii) whether there are minority or life interests; (iii) the relationship of the applicant to the deceased (if any) and the capacity in which the applicant is making the application: Descriptions to be used for capacity for an application for administration with will

208. Applications for grant of probate or letters of administration or resealing in an application for letters of administration for an unadministered estate, in addition to sub-paragraph (f): (i) the name, the capacity and date of death of the person(s) to whom probate or letters of administration of the estate of the deceased was / were granted to but who died leaving part of the estate unadministered; (ii) the previous probate case number, the date of the grant and the court which issued the grant;

208. Applications for grant of probate or letters of administration or resealing in an application for probate or letters of administration by a trust company, in addition to sub-paragraph (e) or (f): (i) the particulars of the applicant is to include the name, UEN, registered office address of the trust company and the name and identification number of the officer authorised to make the application and to sign documents on behalf of the trust company; (ii) that the applicant is a trust company licensed under the Trust Companies Act 2005 and that the applicant company by a resolution of their board of directors has authorised the officer to file the originating application and to make, swear and sign the affidavit in support of the originating application on their behalf; (iii) where the application is for letters of administration, the names, relationships and capacities of the beneficiaries who have authorised the applicant company to apply for letters of administration of the estate of the deceased;

208. Applications for grant of probate or letters of administration or resealing in an application for resealing of a foreign grant in the Family Division: (i) the particulars of the deceased; (ii) the particulars of the applicant, including the filing capacity; (iii) in the event that the applicant is an attorney, the details of power of attorney and that the power of attorney has been deposited in the Supreme Court under the provisions of section 48 of the Conveyancing and Law of Property Act 2005; (iv) the particulars of foreign grant and original grantee(s), including the nature of foreign grant, the description of the foreign grant, the court which issued the foreign grant, who are the original grantees and the date of the foreign grant; (v) whether the deceased resided or carried on business in Singapore within 12 months prior to his or her death; (vi) whether there are debts due from the estate of the deceased to creditors residing in Singapore; (vii) the particulars of the property of the deceased in Singapore;

208. Applications for grant of probate or letters of administration or resealing in an application for probate by the remaining executors where there is more than one executor, the particulars of the earlier grant to the other executors including the date of the earlier grant, the names of the other executors who had been granted probate, the previous probate case number and that power was reserved of making the like grant to the applicant.

208. Applications for grant of probate or letters of administration or resealing An applicant must address the issue of prior rights to a grant in the originating application.

208. Applications for grant of probate or letters of administration or resealing Prior rights are generally to be cleared in accordance with sections 3 and 4 of the Probate and Administration Act 1934 in the following manner: (i) orally by the person renouncing or by his or her solicitor, on the hearing of any probate application or probate action; (ii) in writing in Form 166 of Appendix C of these Practice Directions signed by the person so renouncing and attested either by a solicitor or by any person before whom an affidavit may be sworn; or (iii) by way of an order for deemed renunciation obtained in citation proceedings. (b) Where the applicant is one of the lawful children of the deceased and a beneficiary of the estate who has a right to apply for a grant as a next of kin and the spouse of the deceased who had a prior right has died after the death of the deceased, the applicant may clear the prior right by filing: (i) the written renunciation of the executor named in the will of the spouse; (ii) the written renunciation of the personal representatives of the estate of the spouse (if the grant in relation to the estate of the spouse has been extracted); or (iii) the consents of all the beneficiaries of the estate of the spouse and an affidavit to confirm that the spouse died intestate and who are the beneficiaries of the estate of the spouse. (c) Where the applicant is not a beneficiary of the estate with a right to apply for a grant and the sole beneficiary of the estate is deceased or lacks mental capacity, the applicant must make the application for a grant in his or her capacity as: (i) the personal representative of the estate of the deceased sole beneficiary; or (ii) the deputy or donee appointed under a lasting power of attorney of the sole beneficiary who lacks mental capacity.

208. Applications for grant of probate or letters of administration or resealing The Court may reject any document through the electronic filing checklist or through any other means if there are errors or if the document does not comply with the Family Justice (Probate and Other Matters) Rules 2024, these Practice Directions, or any other directions made by the Court.

208. Applications for grant of probate or letters of administration or resealing The Court may reject all the documents in the electronic filing checklist where: (i) the applicant is not entitled to apply for a grant (e.g. the applicant applies for a grant of probate but is not the executor named in the will); (ii) the applicant has filed the wrong type of application (e.g. the applicant files an application for a grant of probate when he or she should have filed an application for letters of administration with will annexed as he or she is not the executor named in the will but is a residuary beneficiary named in the will); (iii) the applicant has not cleared prior rights; or (iv) the Court is unable to verify matters such as whether the applicant is entitled to apply for a grant, whether there are prior rights to clear or whether there are minority or life interests due to the failure to file the relevant documents (e.g. the affidavit of foreign law has not been filed for an application for letters of administration where the deceased died domiciled outside Singapore). (b) The Court may reject the originating application where the applicant is entitled to file the application in question but there are errors in the originating application in relation to the name and identification number of the deceased and / or the applicant or other particulars which may affect the accuracy of the information maintained by the Registry in the cause book searches. The supporting documents which are in order may be accepted by the Court. (c) Where the applicant is entitled to file the application in question but there are errors in the originating application which do not affect the applicant’s right to apply for a grant, the type of application which should be filed or the information that is maintained by the Registry in the cause book searches (e.g. the name of a beneficiary or the date of a renunciation), the Court may accept the originating application and notify the applicant to apply for permission to amend the error in the originating application. (d) The Court will provide the reasons for rejecting the originating application or other documents. The applicant may file a request for a case conference if the applicant wishes to make submissions in relation to the rejection. The applicant should state in brief the submissions to be made and the provide the relevant authorities in the request for the Court’s consideration.

209. Filing of supporting affidavit The following documents must be exhibited to the supporting affidavit under Part 6, Rule 3 of the Family Justice (Probate) Rules 2024 (hereinafter referred to as the “supporting affidavit”):

209. Filing of supporting affidavit the originating application without notice bearing the court seal as the first exhibit; (b) the Schedule of Assets referred to in paragraph 208(4)(i) (if available) as the second exhibit; and (c) other supporting documents referred to in paragraph 208(4).

209. Filing of supporting affidavit Administration oaths, affidavits, consents of co-administrators and renunciations which have been filed are not required to be exhibited to the supporting affidavit.

209. Filing of supporting affidavit The supporting affidavit shall be filed using the electronic filing checklist within 14 days after the filing of the originating application.

210. Affidavits of due execution and affidavits as to terms, conditions and date of execution of will An affidavit of due execution of the will is required where:

210. Affidavits of due execution and affidavits as to terms, conditions and date of execution of will a will contains no attestation clause; (b) the attestation clause is insufficient; (c) the will appears to have been signed by a blind or illiterate testator or by another person by direction of the testator; (d) there are reasons giving rise to doubt as to the testator having had knowledge of the contents of the will at the time of its execution; or (e) it appears to the Registrar that there is some doubt about the due execution of the will.

210. Affidavits of due execution and affidavits as to terms, conditions and date of execution of will The affidavit of due execution may be filed by:

210. Affidavits of due execution and affidavits as to terms, conditions and date of execution of will one or more of the attesting witnesses; or (b) if no attesting witness is conveniently available, from any other person who was present at the time the will was executed.

210. Affidavits of due execution and affidavits as to terms, conditions and date of execution of will If no affidavit can be obtained in accordance with sub-paragraph (2), the Registrar:

210. Affidavits of due execution and affidavits as to terms, conditions and date of execution of will may accept evidence on affidavit from any person the Registrar thinks fit to show that the signature on the will is in the handwriting of the deceased, or of any other matter which may raise a presumption in favour of due execution of the will; and (b) may require that notice of the originating application without notice be given to any person who may be prejudiced by the will.

210. Affidavits of due execution and affidavits as to terms, conditions and date of execution of will The affidavit of due execution must include the following:

210. Affidavits of due execution and affidavits as to terms, conditions and date of execution of will whether the testator had knowledge of the contents of the will at the time of its execution; (b) who explained the contents of the will to the testator if the testator did not understand English (or the language that the will is written in) and the qualifications of the person to interpret the contents of the will or to make the relevant explanation; (c) the relationship between the witnesses and the testator; (d) the relationship between the witnesses and the beneficiaries named in the will (if any); (e) whether any witness is the spouse of a beneficiary named in the will; (f) the manner in which the will was executed (including the manner in which the witnesses subscribed the will); and (g) any other information required by the Registrar.

210. Affidavits of due execution and affidavits as to terms, conditions and date of execution of will The Registrar may require an affidavit as to the terms, conditions or date of execution of the will where:

210. Affidavits of due execution and affidavits as to terms, conditions and date of execution of will there appears in a will any obliteration, interlineation, or other alteration which is not authenticated in the manner prescribed by section 16 of the Wills Act 1838, or by the re‑execution of the will or by the execution of a codicil; (b) from any mark on the will it appears to the Registrar that some other document has been attached to the will, or if a will contains any reference to another document in such terms as to suggest that it ought to be incorporated in the will; (c) there is a doubt as to the date on which a will was executed; or (d) there is appearance of attempted revocation of a will by burning, tearing or otherwise.

210. Affidavits of due execution and affidavits as to terms, conditions and date of execution of will Where required, the deponent of the affidavit as to the terms, conditions or date of execution of the will is to provide evidence as to:

210. Affidavits of due execution and affidavits as to terms, conditions and date of execution of will whether any alteration to the will was present at the time the will was executed; (b) the attachment or incorporation of any document to the will and exhibit the said document; (c) the date of the will; or (d) the rebuttal of the presumption of the revocation of the will.

210. Affidavits of due execution and affidavits as to terms, conditions and date of execution of will Where the deponent of the affidavit under sub-paragraph (6) is an attesting witness or other person present at the time of the execution of a will, the deponent is also to state in the affidavit the information required under sub-paragraph (4).

210. Affidavits of due execution and affidavits as to terms, conditions and date of execution of will The Registrar may give directions as to the form in which the will is to be proved including the filing of an engrossment of the will in the form in which the will is to be proved.

211. Affidavits of foreign law or certificate of notary in relation to foreign law Where evidence of the law of a country outside Singapore is required on any application for a grant, the affidavit of a person qualified to give expert evidence on the foreign law in question or the certificate by a notary practising in the country or territory concerned is to be filed using the electronic filing checklist at the time the originating application is filed.

211. Affidavits of foreign law or certificate of notary in relation to foreign law An affidavit of foreign law or a certificate by a notary in relation to foreign law is required on any application for a grant where the deceased died domiciled outside Singapore except where:

211. Affidavits of foreign law or certificate of notary in relation to foreign law the applicant is the executor named in the will or the executor according to the tenor of the will applying for probate of a will which is in the English language; or (b) the whole of the estate in Singapore consists of immovable property, and the applicant makes the application for a grant limited to that immovable property in accordance with the law which would have been applicable if the deceased had died domiciled in Singapore.