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Probate law in Raffles Place, Singapore is the legal process utilized to ensure the accurate execution and administration of a deceased's will, or handling the estate in case of intestacy (when someone dies without a will). It gives legal recognition to the executor or administrator to manage, distribute, and settle the estate as per the will or law. This process is supervised by the Family Justice Courts in Singapore.
Probate processes can be complex and call for rigorous document preparation and court appearances. If the will is contested or there are disputes among family members, a probate lawyer becomes indispensable. Additionally, in cases where the estate is large, or involves complicated assets like businesses or international properties, the need for a lawyer becomes crucial. Having a lawyer ensures that the probate process goes smoothly, adhering to the applicable laws and regulations efficiently and accurately.
Singaporean probate law requires the executor, as named in the will, to apply for a Grant of Probate. In the absence of a will, a family member typically applies for a Grant of Letters of Administration. All assets in Singapore are frozen until the Grant is obtained. Additionally, the Inheritance (Family Provision) Act allows specific family members to claim maintenance from the estate if they are not reasonably provided for in the will. Also, the Wills Act serves a critical role in determining the creation of a valid will.
On average, the uncontested probate process takes between 5 to 7 months depending on the complexity of the estate.
The executor can choose to renounce their right and this leaves room for a substitute, usually named in the will, or an eligible family member to apply for the Grant of Letters of Administration.
No, probate is not required when the assets can be transferred without a court order, or if the deceased's assets are held jointly and simply transfer to the surviving co-owner.
If the deceased did not leave a will, the estate will be distributed according to the intestate laws under the Intestate Succession Act.
Avoiding probate might be accomplished through methods like joint ownership of assets, deathbed gifts, or establishing a living trust. However, it's advisable to consult with a lawyer to understand the practicality and implications of these methods.
The Family Justice Courts and Ministry of Law in Singapore are beneficial resources for understanding probate laws and processes. Moreover, the Law Society Pro Bono Services can help individuals who cannot afford legal services.
If you need legal assistance in Probate, identify a competent lawyer specializing in probate and estate matters. Prepare a list of questions and be ready with all necessary details concerning the assets and liabilities of the estate. Ensuring effective communication with your lawyer will facilitate a smoother probate process.
