Wills, probate and estates

For non-Muslims, the Intestate Succession Act decides, using fixed shares that begin with the spouse and children and then move outwards through the family. A Muslim estate is divided under Muslim law instead. In both cases a family member needs a grant from the court before the assets can be collected and shared out.

First confirm there is no valid will and work out who has the right to apply. Gather the death certificate, a list of assets and debts, and the consent of anyone with an equal or better right. The application goes to the Family Justice Courts with sworn supporting documents. Once the grant is extracted, the administrator collects the assets, pays debts and shares out the rest.

Find the original will, obtain the death certificate and see to the funeral. Then decide whether you are willing to act, list what the deceased owned and owed, and apply to the Family Justice Courts for a grant of probate. Assets should not be distributed until debts and expenses have been paid.

The person making it must be at least 21 and mentally capable, and must make it freely. The will must be in writing and signed at the end, in front of two witnesses who are present together and who then sign in the will-maker's presence. Neither witness should be a beneficiary or a beneficiary's spouse.

They do different jobs. A will takes effect only after death. A Lasting Power of Attorney lets people you choose make decisions for you while you are alive but have lost mental capacity. Without one, your family may have to apply to court to be appointed as deputies.

Usually not. CPF savings go to your CPF nominees, insurance with a nomination is paid to the nominee, and property or accounts held as joint tenants pass to the surviving owner. Only property you own alone, or as a tenant in common, passes under your will.

Yes, but only on recognised legal grounds: the will was not properly signed and witnessed, the will-maker lacked mental capacity or did not know and approve its contents, or it was obtained by undue influence, fraud or forgery. Feeling that the will is unfair is not enough. Separately, certain dependants may ask the court for maintenance from the estate.

A grant issued overseas does not on its own allow anyone to deal with Singapore assets. If the grant came from a Commonwealth court or Hong Kong, it can usually be resealed by the Family Division of the High Court. Otherwise, a fresh grant must be obtained in Singapore.