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Questions and Answers
What must the amended schedule of assets include according to the guidelines mentioned?
What must the amended schedule of assets include according to the guidelines mentioned?
What document title should accompany an amended schedule of assets?
What document title should accompany an amended schedule of assets?
Which of the following is NOT required in the supplementary affidavit when amending the schedule of assets?
Which of the following is NOT required in the supplementary affidavit when amending the schedule of assets?
Who is responsible for administering the estate and distributing assets?
Who is responsible for administering the estate and distributing assets?
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What is the first step an applicant must take to amend the schedule of assets?
What is the first step an applicant must take to amend the schedule of assets?
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What must be included in the Statement of Form 51 regarding the deceased's identity?
What must be included in the Statement of Form 51 regarding the deceased's identity?
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What is required on the cover page of the certified true copy of the will?
What is required on the cover page of the certified true copy of the will?
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Which of the following is NOT a requirement for the death certificate when filing for Probate?
Which of the following is NOT a requirement for the death certificate when filing for Probate?
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What should be explained in the Statement if applying for Grant by another name?
What should be explained in the Statement if applying for Grant by another name?
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What is the timeframe within which the reason for delay in applying for the Grant should be stated?
What is the timeframe within which the reason for delay in applying for the Grant should be stated?
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What is the purpose of the probate and caveat search?
What is the purpose of the probate and caveat search?
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What happens if a Digital Death Certificate is issued by the Registrar?
What happens if a Digital Death Certificate is issued by the Registrar?
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Which of the following details is not essential in the Statement when applying for Grant of Probate?
Which of the following details is not essential in the Statement when applying for Grant of Probate?
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Which of the following options correctly describe the types of documents that must be filed when applying for a Grant of Probate?
Which of the following options correctly describe the types of documents that must be filed when applying for a Grant of Probate?
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In which type of court should you apply if the estate exceeds S$5 million?
In which type of court should you apply if the estate exceeds S$5 million?
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What is the purpose of the Administration Oath (Form 54) in the probate process?
What is the purpose of the Administration Oath (Form 54) in the probate process?
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What additional documents might be required if the Schedule of Assets was unavailable at the time of filing?
What additional documents might be required if the Schedule of Assets was unavailable at the time of filing?
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Which of the following statements is true regarding the filing procedure of an Originating Summons?
Which of the following statements is true regarding the filing procedure of an Originating Summons?
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Which section of the guidelines should you refer to for rules regarding the general procedure for probate applications?
Which section of the guidelines should you refer to for rules regarding the general procedure for probate applications?
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What is one example of an additional relevant document that may be required during the application for Grant of Probate?
What is one example of an additional relevant document that may be required during the application for Grant of Probate?
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Which of the following documents is NOT typically part of the application process for a Grant of Probate?
Which of the following documents is NOT typically part of the application process for a Grant of Probate?
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Who is generally considered the most suitable person to apply for a Grant of Letters of Administration?
Who is generally considered the most suitable person to apply for a Grant of Letters of Administration?
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What document must be filed when there is a Will in place for the application for Letters of Administration?
What document must be filed when there is a Will in place for the application for Letters of Administration?
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In the case of multiple beneficiaries under a Will, who has the highest priority to apply for Letters of Administration?
In the case of multiple beneficiaries under a Will, who has the highest priority to apply for Letters of Administration?
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What must an applicant do if they do not have priority to apply for Letters of Administration?
What must an applicant do if they do not have priority to apply for Letters of Administration?
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When can citation proceedings be commenced during the application process?
When can citation proceedings be commenced during the application process?
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What factor must be checked regarding the number of administrators required for an application?
What factor must be checked regarding the number of administrators required for an application?
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Under the Intestate Succession Act 1967, who may apply if there is no valid Will?
Under the Intestate Succession Act 1967, who may apply if there is no valid Will?
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What kind of legatee is typically recognized under a Will when determining priority for administration?
What kind of legatee is typically recognized under a Will when determining priority for administration?
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What is the requirement for the Public Trustee regarding the security when obtaining a grant of letters of administration?
What is the requirement for the Public Trustee regarding the security when obtaining a grant of letters of administration?
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Under what circumstances can the court dispense with sureties for the bond?
Under what circumstances can the court dispense with sureties for the bond?
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Which document must be filed after the court grants the application for dispensation of sureties?
Which document must be filed after the court grants the application for dispensation of sureties?
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What is required from adult beneficiaries for the application to dispense sureties?
What is required from adult beneficiaries for the application to dispense sureties?
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What sequence must be followed for the court to issue a grant of letters of administration when security is required?
What sequence must be followed for the court to issue a grant of letters of administration when security is required?
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What must be executed jointly by all administrators as part of the administration process?
What must be executed jointly by all administrators as part of the administration process?
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What is necessary when filing the Originating Summons for a printed grant of letters of administration?
What is necessary when filing the Originating Summons for a printed grant of letters of administration?
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Which section of the PAA allows the court to vary the amount of the bond or dispense with sureties?
Which section of the PAA allows the court to vary the amount of the bond or dispense with sureties?
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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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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.
