Letters of Administration in Singapore

In Singapore, Letters of Administration are a legal document issued by the Family Justice Courts. It grants authority to a person (usually the closest next of kin) to administer the estate of someone who has passed away without a valid will (intestate). This document allows the appointed administrator to collect and distribute the deceased’s assets according to the Intestate Succession Act.

When Do You Need Letters of Administration?

You will need to apply for Letters of Administration if the deceased did not leave behind a valid will. In such cases, a legal representative—typically the next of kin—must be appointed by the court to manage and distribute the deceased’s estate. This process is essential to access and handle the assets, such as bank accounts, real estate, and investments.

If the deceased had left a valid will, the appointed executor would apply for a Grant of Probate instead of Letters of Administration.

Who Can Apply for Letters of Administration?

In cases where the deceased did not have a will, the law prescribes a clear order of priority for individuals who can apply to be the administrator of the estate. The Probate and Administration Act and the Intestate Succession Act govern these rules. The following individuals are entitled to apply, in order of priority:

1. The spouse
2. Children of the deceased
3. Parents
4. Siblings
5. Nephews and nieces
6. Grandparents
7. Uncles and aunts

The spouse is given first priority in most cases. However, if the spouse is unable or unwilling to act (e.g., due to being overseas or in poor health), they may renounce their right in favour of another eligible person, such as one of the children.

At least two administrators must be appointed if any of the beneficiaries are minors (below 21 years old). It’s important to note that bankrupts and minors are not allowed to serve as administrators.

Distribution of Assets Under Letters of Administration

If there is no valid will, the distribution of the deceased’s assets must follow the Intestate Succession Act. Here is an overview of how assets are distributed:

• If the deceased leaves behind a spouse but no children or parents: The spouse inherits everything.
• If the deceased leaves behind a spouse and children: The spouse receives half the estate, and the children share the other half equally.
• If the deceased has only children (no spouse): The children inherit everything in equal shares.
• If the deceased leaves behind a spouse and parents (but no children): The spouse inherits half the estate, and the parents share the remaining half equally.
• If the deceased has only parents (no spouse or children): The parents inherit everything in equal shares.
• If the deceased has only siblings (no spouse, children, or parents): The siblings inherit everything equally. If any sibling is deceased, their children (nieces and nephews) will inherit their share.
• If the deceased has only grandparents: The grandparents inherit everything equally.
• If the deceased has only uncles and aunts: The uncles and aunts inherit everything equally.
• If no relatives are alive: The estate goes to the government.

These rules follow the structure outlined in Section 7 of the Intestate Succession Act, which governs the legal framework for distributing assets when no will is present.

How Long Does It Take to Obtain Letters of Administration?

Typically, obtaining a Grant of Letters of Administration in Singapore takes around 4 to 6 weeks. In straightforward cases, it can sometimes be granted within as little as 2 weeks. However, the duration may vary depending on the complexity of the estate and the prompt submission of all necessary documentation.

How Much Do Letters of Administration Cost?

The cost of applying for Letters of Administration varies depending on the law firm you engage and the complexity of the estate. We offer fixed and transparent fees to provide clarity and peace of mind to our clients. For a detailed quote and a discussion tailored to your specific circumstances, we encourage you to contact us directly.

Conclusion

In summary, Letters of Administration are a crucial legal document required when a person dies without a valid will. The person appointed as the administrator is responsible for gathering and distributing the deceased’s assets according to the Intestate Succession Act. The process can usually be completed within a month or so, depending on the complexity of the case. For more detailed guidance on administering an estate or obtaining Letters of Administration, contact us for professional assistance.