Intestacy: A brief guide to apply for Letter of Administration in Singapore

When a person dies intestate, meaning without leaving a valid will, the distribution of their estate becomes a matter of legal procedure rather than personal choice. In Singapore, the process to manage and distribute the assets of someone who has died intestate involves applying for Letters of Administration. This legal document appoints an individual to administer the deceased’s estate according to the laws of intestacy. The blog provides a brief guide on how to apply for Letters of Administration in Singapore:

Understanding Intestacy

Intestacy arises when a deceased person’s estate is not covered by a valid will. In such cases, the distribution of the estate is governed by the Intestate Succession Act 1967. The Act outlines a hierarchy of relatives who are entitled to inherit the estate, starting with the spouse and children, followed by parents, siblings, and other relatives. The process ensures that the estate is divided fairly and legally according to Singaporean law.

Eligibility to Apply

Not everyone can apply for Letters of Administration. Generally, the following individuals are eligible:

• Spouse: The surviving spouse of the deceased.
• Children: The children of the deceased, including adopted children.
• Parents: The parents of the deceased, if there are no surviving spouse or children.
• Siblings: If there is no spouse, children, or parents, then siblings of the deceased may apply.

If none of these parties are available or willing, other interested parties such as creditors or even the Public Trustee may apply.

Preparation for Application

Before applying for the Letter of Administration, the following documents need to be gathered:

• Death Certificate: The official certificate confirming the death of the individual.
• Identification Documents: For the applicant and, if applicable, for the deceased.
• Family Tree: A comprehensive list of the deceased’s surviving relatives.
• Proof of Relationship: Documents that prove the applicant’s relationship to the deceased (e.g., marriage certificate, birth certificates).

Filing the Application

The application for Letters of Administration is submitted to the Family Justice Courts in Singapore. The process involves several steps:

• Drafting the Application: Prepare the application form, detailing the deceased’s particulars, family information, and the proposed administrator.
• Filing with the Court: Submit the completed form along with supporting documents to the Family Justice Courts.
• Payment of Fees: Pay the required court fees, which vary depending on the complexity of the case.

Court Procedure

Once the application is filed, the court will:

• Review the Application: The court examines the application and supporting documents for completeness and accuracy.
• Issue a Grant: If everything is in order, the court will issue the Letters of Administration, appointing the applicant as the administrator of the estate.

Administering the Estate

After receiving the Letters of Administration, the appointed administrator has several responsibilities:

• Inventory of Assets: Compile a list of the deceased’s assets and liabilities.
• Settlement of Debts: Pay off any outstanding debts or obligations of the deceased.
• Distribution of Assets: Distribute the remaining assets according to the rules of intestacy.

 Conclusion

Applying for Letters of Administration in Singapore is a necessary step to manage and distribute the estate of an individual who has died intestate. The process involves several legal and procedural steps, from filing the application to administering the estate. While the process may appear complex, especially in cases involving significant assets or disputes among heirs, understanding the legal framework can help simplify and streamline the procedure.

For complex estates, contested applications, or if guidance is needed, it is advisable to consult with a legal professional specializing in estate administration. Proper legal advice can ensure that the estate is handled correctly and in accordance with the law, reducing the risk of disputes or delays.

Navigating intestacy can be challenging, but with the right information and support, the estate can be administered efficiently and fairly.