​​​​​This sections provides a summary on Probate matters at the Family Justice Courts.

 

The information provided below is general in nature and is not intended as legal advice. The Family Justice Courts cannot provide legal advice or assist with drafting the contents of any document. 

 

References to legislation

  • Family Justice Act (Act 27 of 2014)
  • Family Justice Rules (Part 14)
  • Family Justice Courts Practice Directions (Part XII)
  • Probate and Administration Act (Cap 251)
  • Wills Act (Cap 352)

 


 

When a loved one has passed away leaving behind property, such property (collectively known as “the Deceased’s estate”) must be administered and distributed in accordance with the law. A person has to be appointed by the Court as an executor or administrator before he or she can administer the estate.

 

If the Deceased made a Will, the Will would usually provide for the appointment of certain persons as executors and trustees to administer the estate according to the Deceased’s wishes. If the Deceased did not make a Will, an administrator or administrators will have to be appointed by the Court to administer the estate. The administrator will usually be the spouse or one of the next-of-kin of the deceased, i.e. a beneficiary under the rules of distribution as governed by the Intestate Succession Act (Cap. 146) (for non-Muslims) or by Muslim law (for Muslims).

 

If you intend to administer the Deceased’s estate, you will have to apply for a Grant of Probate or Letters of Administration in order to be legally recognised as the executor or administrator of the Deceased's estate as the case may be.

 

Once the Court has issued the Grant, you may then bring this Grant to the various institutions (e.g. banks) to realise the assets.​

 

Click here to go to the Probate and Administration FAQs. Then select Family Protection and Support

 

Last updated on: 26/7/2017 5:04 PM

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