I Have A Will Do I Need Probate – Losing someone you love is especially painful and difficult. Dealing with legal issues, such as probate and administrative issues, can make an already difficult situation even more difficult during this sad time.
To demystify the situation, we interviewed probate attorneys about costs and compiled a 28-page guide with the answers. This article contains an extract from a guide on examination fee details in Singapore.
I Have A Will Do I Need Probate
The infographic below provides a quick overview of what probate and administration is in Singapore, uncontested vs contested probate and probate costs.
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Generally, probate fees in Singapore for simple uncontested probate matters can vary from around S$2,000 to S$6,500 depending on how the lawyer calculates the fees and time required to complete the work.
Complex cases such as those with multiple assets or beneficiaries, or foreign and/or foreign assets may also be more expensive.
LOA applications are more expensive than GOP applications due to the additional work and effort required by the attorney (as discussed above).
The cost of a contested probate case can range from S$10,000 to S$40,000. This can be more if the problem is long or complex. This is why contested probate is classified under civil litigation (i.e. litigation), which results in civil litigation rates.
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Legal fees for civil litigation are usually charged based on an hourly rate set by the individual firm. Factors such as firm size, attorney seniority, and law firm expertise will affect this rate.
Fees are fees paid by attorneys on behalf of clients, and apply to both contested and uncontested probate matters. These costs include court filing fees, photocopying costs, courier costs, and other work-related costs.
The table below lists the court filing fees that can be expected in probate matters for estates of S$3m and below.
Different attorneys and law firms have different billing practices. Some companies will require upfront payment of the full amount.
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Alternatively, some law firms only ask for an initial deposit. Some companies can also create a payment plan based on your financial ability.
The exact deposit amount will vary between legal entities. It can range from S$1,000 to S$1,500 or more.
The remaining fee may be charged monthly or at important milestones, such as after submission of the LOR application or after withdrawal of the LOR.
Through this guide, we hope you will gain a better understanding of the estimated costs you may pay if you hire a probate attorney. Download your free copy today!
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If you want to apply for probate, you can use our Find a Lawyer service to get in touch with an experienced probate attorney and ask about fees. The use of this service is free.
The information provided does not constitute legal advice. You should seek specific legal advice from an attorney before taking any legal action. Although we do our best to ensure the accuracy of the information on this website, you rely on it at your own risk. An executor is the person responsible for managing the assets and carrying out the wishes of the deceased as specified. In his will.
Anyone can be appointed as an executor, as long as they are over 21 years old, insolvent and of sound mind.
The deceased can appoint a personally recognized executor, or a professional executor such as a solicitor or a trust company licensed by the Monetary Authority of Singapore.
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Usually, at least 1 executor is appointed, with another (or more) backup executor in case the first executor dies or declines the appointment.
You may become aware of your appointment as executor when the deceased drafts a will, informs them of their intention to appoint you as executor, and obtain prior approval.
Other circumstances may require you to be informed by the deceased’s lawyer or a close family member, relative or friend, if you are the appointed executor.
When someone dies and leaves a will, the person’s attorney will usually read the will and determine who the executor will be. From there, the attorney will notify the employee and determine if he or she is ready to accept the appointment.
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If the will was not kept by the deceased’s lawyer or a family member and you cannot find the will, you can obtain it from the registry of wills, if the deceased deposited the will there.
Lawyers or relatives of the deceased can do a “Search for Existing Will Record” in the Registry of Wills to get information about the will.
If you are a relative, you must also show proof of relationship. (This can be a marriage certificate if you are a couple, or a birth certificate if you are a parent/child.)
Once you’ve been notified of your appointment, you’ll need to decide whether or not to take on a staff role.
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Since the task of an executor can be difficult and the process can be very long, you may decide to decline the appointment and waive the right to apply for probation.
Alternatively, if you choose to accept an appointment, you must complete the following checklist to execute the will.
The infographic below is a summary checklist for implementers. You can click on the image to open it in a new tab.
To understand your responsibilities as an executor, you must read and understand the instructions given by the deceased.
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Next, you need to make funeral arrangements for the deceased as specified in the will. You can claim funeral expenses from the deceased’s estate (see below).
Next, you must obtain all the relevant documents required for the Grant of Probate application at the next stage (see below).
As an executor, you must apply to the court for a grant of probate, to be legally recognized as the executor of the deceased’s estate.
A grant of probate is an important court order to obtain, as it empowers the executor to carry out the instructions in the will. This includes the distribution of the deceased’s assets to named beneficiaries.
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An important step in applying for a grant of probate is to determine the deceased’s total assets and liabilities, to submit a schedule of assets to the court.
You should identify, find and make an inventory of the deceased’s assets and liabilities (such as debts/taxes), including but not limited to real property (such as HDB flats, personal property) and personal property (such as bank accounts, stocks and shares, insurance policies, valuable jewelry).
You can do this by looking at the assets mentioned in the will, and also by looking at bank statements or financial statements for unpaid amounts such as interest, dividends and other income.
You do not need to engage a probate attorney to apply for a grant of probate. You can make your request through the counter at the eLitigation Service Bureau.
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However, since the steps involved in applying for a grant of probate can be complicated and involve a lot of paperwork, we recommend engaging a probate attorney to help you through the process.
A lawyer will be able to file the petition in a more efficient manner which can help you simplify the probate process.
To request a grant of probate, there are several documents (as described above) that must be submitted. Once the documents are reviewed, the application will be approved and you can apply for a grant of probate.
If the deceased’s estate is solvent, which means the deceased has more assets than liabilities, you can use the estate to pay debts and taxes.
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For example, under Section 58 of the Income Tax Act, the executor must ensure that the estate of the deceased is used to pay the income tax debt.
However, if the deceased’s estate is insolvent (ie the deceased’s liabilities exceed his assets), the deceased’s funeral expenses, will and administration should take priority over any debt or tax reasons.
After that, the repayment of other debts will be ordered according to the priority of debts given in the bankruptcy law.
According to section 67 of the Probate and Administration Act, if the decedent’s estate exceeds $50,000, you can request reimbursement of funeral expenses from the estate, including all reasonable expenses for the deceased’s subsequent religious services.
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If the value of the deceased’s estate is $50,000 or less, the general trustee can arrange to reimburse the funeral expenses. The maximum amount you can claim for funeral expenses is $6,000.
In addition, you can claim reasonable probate and administration fees from the deceased’s estate. These costs are those costs necessary for the proper performance of duties as executor, and include costs for any actions taken to manage the property.
As mentioned above, if
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