Grant of Probate vs. Letters of Administration – A Legal Distinction in Estate Administration

A Grant of Probate is a legal document issued by the Family Justice Courts of Singapore, empowering the Executor(s) named in a valid Will to administer the estate of the deceased (also known as the Testator)

In the realm of estate administration under Singapore law, the legal authority to administer a deceased person’s estate is derived either through a Grant of Probate or a Grant of Letters of Administration. These court-issued instruments are not interchangeable and are determined by the existence or absence of a valid testamentary instrument (i.e., a Will).

This article outlines the key legal distinctions between the two grants and the circumstances under which each is applicable.

I. Grant of Probate

A Grant of Probate is a legal document issued by the Family Justice Courts of Singapore, empowering the Executor(s) named in a valid Will to administer the estate of the deceased (also known as the Testator).

Legal Prerequisites:

• The deceased must have executed a valid Will in compliance with the requirements of the Wills Act 1838 (Cap. 352).

• The Will must clearly identify an Executor who is willing and competent to act.

  

Functions of the Executor upon Grant:

Upon the issuance of the Grant, the Executor has fiduciary duties to:

• Ascertain and preserve the estate’s assets and liabilities;

• Settle all lawful debts and funeral expenses;

• Distribute the residuary estate in accordance with the express wishes of the Testator as set out in the Will;

• Comply with statutory reporting and tax obligations, if applicable.

Application Process:

The Executor must file:

• Originating Summons for Probate;

• Supporting Affidavit and Schedule of Assets;

• Certified true copy of the Will and Death Certificate;

• Administration Oath.

  
  
  
  

II. Letters of Administration

Where no valid Will exists, or where no Executor is named or able to act, the appropriate legal recourse is to apply for a Grant of Letters of Administration. This is governed primarily by the Intestate Succession Act (Cap. 146).

Legal Prerequisites:

• The deceased died intestate (without a valid Will), or

• The Will fails to name a valid Executor, or the named Executor renounces or is unable/unwilling to act.

Who May Apply:

Under Singapore law, priority to apply for the grant is determined by the degree of relationship to the deceased. Typically, the following parties may apply:

1. Spouse;

2. Children;

3. Parents;

4. Siblings, and so forth.

Consent affidavits may be required from co-beneficiaries where multiple parties share priority.

Duties of the Administrator:

An Administrator appointed by the Court assumes similar fiduciary obligations as an Executor but must distribute the estate strictly in accordance with the intestacy distribution rules, regardless of any known wishes of the deceased.

III. Comparative Summary

Legal Instrument	Grant of Probate	Letters of Administration
Basis of Application	Valid Will exists	No valid Will (Intestate)
Governing Statute	Wills Act	Intestate Succession Act
Appointed Personal Rep.	Executor named in Will	Administrator appointed by Court
Asset Distribution	According to Will	According to statutory intestacy rules
Legal Authority Issued By	Family Justice Courts	Family Justice Courts

IV. Importance of Testamentary Planning

From a legal and practical standpoint, the presence of a valid Will can significantly streamline the estate administration process. It enables the Testator to:

• Appoint a trusted Executor;

• Dictate the precise distribution of assets;

• Avoid potential disputes among beneficiaries;

• Expedite the probate process and reduce administrative complications.

Conversely, intestacy often results in unintended legal consequences, delays, and possible familial discord.

V. Stamford Legacy’s Role in Estate Administration

At Stamford Legacy, we provide professional consultancy and facilitation services in relation to:

• Preparation and lodgement of probate or administration applications;

• Compilation of asset schedules and legal affidavits;

• Liaison with legal practitioners where required;

• Post-grant estate administration support.

Consult Us Today

📞 To discuss your estate administration needs or begin your application process, reach out to your dedicated consultant or visit www.stamfordlegacy.com.

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Warning

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