When will you need Letters of Administration?

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When a person passes away intestate (i.e. without leaving behind a will or where the will is declared invalid), a next of kin must apply to court for a grant of letters of administration. The grant of letters of administration provides the appointed administrator with the authority to administer the deceased’s estate and distribute the assets pursuant to the intestate laws of Singapore.

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Who is entitled to be appointed as an Administrator?

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When an application for a grant of letters of administration is made in court, the court has the power to appoint whoever it thinks ought to be granted the letters of administration. According to the Intestate Succession Act, the following classes of persons, in descending order of priority, are entitled to apply for a grant:

 

1. the spouse of the deceased;

2. the children of the deceased;

3. the parents of the deceased;

4. brothers and sisters of the deceased;

5. nephews and nieces of the deceased;

6. grandparents of the deceased; and

7. uncles and aunts of the deceased.

 

Persons who have not attained the age of 21 or who have been declared bankrupt cannot be appointed to be administrators. Where a person entitled to a grant is under the age of 21, the grant will be made to his guardian, or if he had attained the age of 16, to any next of kin that he nominates.

 

At least two administrators or a trust corporation must be appointed if any of the beneficiaries is under the age of 21.

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Who are the beneficiaries?

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The rules under Section 7 of the Intestate Succession Act sets out how assets are distributed intestate. Call us to find out more who the beneficiaries will be in your case.

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Disclaimer:

The information provided does not constitute legal advice. You should obtain specific legal advice from a lawyer before taking any legal action. Although we try our best to ensure the accuracy of the information on this website, you rely on it at your own risk.