5. Grants of Representation
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5. Grants of Representation

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What must the amended schedule of assets include according to the guidelines mentioned?

  • A clean version of the amended schedule of assets (correct)
  • Approval from the estate beneficiaries
  • A declaration of any existing debts
  • Verification of the applicant's financial status

    • What document title should accompany an amended schedule of assets?

  • Schedule of Assets – Supplementary Affidavit (correct)
  • Supplemental Schedule of Assets Affidavit
  • Revised Statement of Assets
  • Estate Assets Adjustment Form

    • Which of the following is NOT required in the supplementary affidavit when amending the schedule of assets?

  • Exhibiting a clean version of the amended schedule
  • Indicating the total value of the estate (correct)
  • Stating the amendments to be made
  • Providing reasons for the amendments

    • Who is responsible for administering the estate and distributing assets?

    <p>The Executor/Administrator</p> Signup and view all the answers

    What is the first step an applicant must take to amend the schedule of assets?

    <p>Prepare a supplementary affidavit</p> Signup and view all the answers

    What must be included in the Statement of Form 51 regarding the deceased's identity?

    <p>The deceased's true name as per the death certificate</p> Signup and view all the answers

    What is required on the cover page of the certified true copy of the will?

    <p>Certification by a solicitor stating it is a true copy</p> Signup and view all the answers

    Which of the following is NOT a requirement for the death certificate when filing for Probate?

    <p>A copy of the birth certificate of the deceased</p> Signup and view all the answers

    What should be explained in the Statement if applying for Grant by another name?

    <p>The reason for using another name</p> Signup and view all the answers

    What is the timeframe within which the reason for delay in applying for the Grant should be stated?

    <p>Within 6 months after the deceased's death</p> Signup and view all the answers

    What is the purpose of the probate and caveat search?

    <p>To locate any existing legal claims against the estate</p> Signup and view all the answers

    What happens if a Digital Death Certificate is issued by the Registrar?

    <p>It can be filed without any certification</p> Signup and view all the answers

    Which of the following details is not essential in the Statement when applying for Grant of Probate?

    <p>True name of the applicant</p> Signup and view all the answers

    Which of the following options correctly describe the types of documents that must be filed when applying for a Grant of Probate?

    <p>Ex parte Originating Summons, certified true copy of the Will, digitally verifiable death certificate.</p> Signup and view all the answers

    In which type of court should you apply if the estate exceeds S$5 million?

    <p>Family Division of the High Court</p> Signup and view all the answers

    What is the purpose of the Administration Oath (Form 54) in the probate process?

    <p>To affirm the executor's willingness to administer the estate.</p> Signup and view all the answers

    What additional documents might be required if the Schedule of Assets was unavailable at the time of filing?

    <p>Supplementary Affidavit and Schedule of Assets.</p> Signup and view all the answers

    Which of the following statements is true regarding the filing procedure of an Originating Summons?

    <p>One must include a digitally verifiable death certificate if applicable.</p> Signup and view all the answers

    Which section of the guidelines should you refer to for rules regarding the general procedure for probate applications?

    <p>Rule 208 of FJR.</p> Signup and view all the answers

    What is one example of an additional relevant document that may be required during the application for Grant of Probate?

    <p>Affidavit of foreign law.</p> Signup and view all the answers

    Which of the following documents is NOT typically part of the application process for a Grant of Probate?

    <p>Digital will version.</p> Signup and view all the answers

    Who is generally considered the most suitable person to apply for a Grant of Letters of Administration?

    <p>The individual most suitable among the beneficiaries based on intestate succession laws</p> Signup and view all the answers

    What document must be filed when there is a Will in place for the application for Letters of Administration?

    <p>Grant of Letters of Administration with Will annexed</p> Signup and view all the answers

    In the case of multiple beneficiaries under a Will, who has the highest priority to apply for Letters of Administration?

    <p>The universal or residuary legatee</p> Signup and view all the answers

    What must an applicant do if they do not have priority to apply for Letters of Administration?

    <p>Obtain renunciations from parties above them in priority</p> Signup and view all the answers

    When can citation proceedings be commenced during the application process?

    <p>If it is not possible to obtain express renunciations</p> Signup and view all the answers

    What factor must be checked regarding the number of administrators required for an application?

    <p>Whether there is a life interest arising under a Will</p> Signup and view all the answers

    Under the Intestate Succession Act 1967, who may apply if there is no valid Will?

    <p>The spouse of the deceased</p> Signup and view all the answers

    What kind of legatee is typically recognized under a Will when determining priority for administration?

    <p>Legatee with a beneficial interest</p> Signup and view all the answers

    What is the requirement for the Public Trustee regarding the security when obtaining a grant of letters of administration?

    <p>The Public Trustee is exempt from providing security.</p> Signup and view all the answers

    Under what circumstances can the court dispense with sureties for the bond?

    <p>When the administrator is entitled to the whole estate after debt payments.</p> Signup and view all the answers

    Which document must be filed after the court grants the application for dispensation of sureties?

    <p>The Administration Bond.</p> Signup and view all the answers

    What is required from adult beneficiaries for the application to dispense sureties?

    <p>Written consent.</p> Signup and view all the answers

    What sequence must be followed for the court to issue a grant of letters of administration when security is required?

    <p>Extract the order for dispensation, file the Administration Bond, and then issue the grant.</p> Signup and view all the answers

    What must be executed jointly by all administrators as part of the administration process?

    <p>The Administration Bond.</p> Signup and view all the answers

    What is necessary when filing the Originating Summons for a printed grant of letters of administration?

    <p>A separate application for the printed grant must be made.</p> Signup and view all the answers

    Which section of the PAA allows the court to vary the amount of the bond or dispense with sureties?

    <p>Section 29(3)</p> Signup and view all the answers

    Study Notes

    Grant of Probate

    • Application: An application for a Grant of Probate is made to the Family Division of the High Court if the estate exceeds S5million,ortheFamilyJusticeCourtsiftheestateislessthanS5 million, or the Family Justice Courts if the estate is less than S5million,ortheFamilyJusticeCourtsiftheestateislessthanS5 million.
    • Procedure: The process is outlined in Rule 208 of the Family Justice Rules (FJR) and Part XII of the Family Justice Courts Practice Directions (FJCPD).
    • Documents Required:
      • Ex parte Originating Summons
      • Statement (Form 51)
      • Certified true copy of the Will
      • Digitally verifiable death certificate or certified true copy
      • Administration Oath (Form 54)
      • Other relevant documents (if required):
        • Renunciations (Form 53)
        • Translations (Rule 953 FJR)
        • Affidavit of due execution (Rules 211 and 215 FJR)
      • Affidavit of foreign law (when electronic filing checklist is generated) (Rule 218 FJR/ FJCPD 65)
    • Statement (Form 51):
      • Contains the deceased's true name as per the death certificate, date of death, and place of death.
      • If the deceased is described in a grant using a name other than their true name, this must be stated and explained in the Statement (Rule 209 FJR).
      • Includes any relevant information, for example, the reason for the delay in applying for the grant if it's more than 6 months after the deceased’s death (Rule 208(8) FJR).
    • Certified True Copy of the Will:
      • Must include a certification by a solicitor on a covering page attached to the copy of the Will.
    • Digital Death Certificate:
      • If a digital death certificate or extract was issued by the Registrar of Births and Deaths Singapore, the digital document must be filed (no certified true copy required) (FJCPD 62(4)(a)).
      • If a digital death certificate is not available, a certified true copy of the death certificate or a certified true copy of a Court Order for presumption of death must be filed (FJCPD 62(4)(b)).

    Application for Letters of Administration

    • Applicant Eligibility: See Section 18 of the Probate and Administration Act (PAA).
    • Applicant Priority:
      • The applicant must have priority according to the laws of intestate succession.
      • The applicant must obtain renunciations from all parties with higher priority.
      • Renunciations are not required from those within the same priority class (Tan Hui Cheng Lily, deceased SGHC 106).
    • Number of Administrators:
      • Check if there is a minority or a life interest arising under a Will.
    • Dispensation of Sureties:
      • An application to dispense sureties is made by summons supported by an affidavit given by the administrator(s) (FJCPD 69).
      • The affidavit should include reasons for dispensing sureties, consent from all adult beneficiaries, and a clean version of the amended schedule of assets.
      • The Administration Bond must be signed jointly by the administrators (Form 55).

    Resealing of Grant of Representation

    • The Executor/Administrator should administer the estate according to applicable laws.

    Other Matters

    • Amendment of Schedule of Assets:
      • An amended schedule of assets can be filed without court permission (FJCPD 67(5)).
      • A supplementary affidavit must be filed alongside the amended schedule, providing reasons for the amendment.

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    Related Documents

    Probate & Succession Planning Grants of Representation PDF

    Description

    This quiz covers the procedure for applying for a Grant of Probate, including the necessary documents and rules involved. Participants will learn about specific forms like the Ex parte Originating Summons and Statement (Form 51), as well as additional requirements for processing applications. Test your knowledge of the probate process in estate management.

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