Probate – An Overview:
While we are more aware of the laws that might concern us in our routine lives, probate laws can be confusing for many as we only have to deal with them when someone close to us passes away.
Our Wills and Probate Lawyer in Singapore considers it his responsibility to help you at such a sensitive time and simplify and summarize the probate law for you.
When someone passes away, there are two ways that you can take to go about his assets and estate:
1. In Case of a Will:
If the deceased left a will, his estate lawyer in Singapore would produce it to the family soon after his demise.
A typical will includes instructions regarding what will happen to the property, assets, and any other belongings when the person passes away. The will also include the names of executors who will be responsible for carrying out the instructions according to the deceased’s will.
To get the legal authority to execute the will, the executor(s) will have to obtain a Grant of Probate from the court, a process that Wills and Probate Lawyer in Singapore can streamline for you.
2. If There is No Will:
If the deceased didn’t leave a will with his estate lawyer in Singapore or with anyone else, the next of kin, his spouse, or a closed one would require obtaining a Letter of Administration to get the rights from the court to administer the estate of the deceased.
Administration means managing and dividing the inheritance as per the law, which ensures 50% of the estate goes to the spouse, and the remaining 50% is divided among the children.
In case of no spouse, no children, absence of both, or children being minor, there will be a different procedure that your Wills and Probate Lawyer in Singapore will guide you about.
To get a Letter of Administration or Grant of Probate, you will need apply to court, submit an application and fulfill the legal requirements. The process can take 4 weeks.
It is highly recommended to obtain professional services at such an emotionally draining time as they can make the process swift and easy and be worth the minimal probate lawyer fees in Singapore that you will have to pay.
The lawyer will help you in all the legal steps, including:
- Filing the Originating Summons
- Filing Supporting Documents like Death Certificate, Statement, Administration Oath, Certified Copy of the Will, Co-Administrator’s Consent Form, Inheritance Certificate, and other required documents.
- Filing Schedule of Assets and Supporting Affidavits
- Filing Affidavit of Justification to obtain and extract an Administration Bond if Sureties are needed for minors
- Any other legal formalities to ensure all the documents are complete and proper and the provision of the Grant of Probate or Letter of Administration is facilitated.
Why Should You Hire a Wills and Probate Lawyer Singapore?
Many people are hesistant from hiring an estate lawyer Singapore because of the conception of high probate lawyer fees in Singapore.
The reality is the fees are minimal, and the benefits it provides are worth it. The benefits include:
1. Emotional Relief:
When a dear one passes away, it is natural to be emotionally overwhelmed and not be in your best condition. In such a situation, fulfilling legal formalities, going to court, and involving yourself in the paperwork is not the best idea.
Besides, it can also delay the execution of a will as improper legal handling can delay the provision of Grant of Probate or Letter of Administration, and nobody would want that.
A lawyer can save you from all this hassle and ensure the provision of maximum relief so you can take your time to recover. He will also facilitate the timely execution of the deceased’s will.
2. Avoidance and Resolution of Conflicts:
When there is property or assets involved, the legal heirs likely become a target of third parties. Being subject to such conditions when someone is mourning the death of a closed one is the most unpleasant experience.
A lawyer can ensure that all legal heirs get their legal share in the estate without interference. He can also help avoid conflicts before they happen, or aid resolve them if they do.
3. Execution of a Will:
The process is smooth and streamlined when the deceased has left a will with a lawyer as he safeguards it and produces it when necessary.
Doing so ensures that the will is true and has not been tampered with. It is also a great way to avoid any conflicts as no one can challenge the will when it comes from a lawyer who will not benefit from it in any way.
4. Writing a Will:
A lawyer does not only help when you need to get a Grant of Probate or Letter of Provision; he can also help when you need to write a will.
It is recommended to write a will regardless of your age, assets, and health condition to avoid problems later. You should also update it at all important occasions of your life, such as when you get married or have kids.