PART 11 | Order to bring in will, etc. |
| 54. The court may, on the application of any person interested, if it appears that there is reason to believe that any will or other testamentary document of a deceased person is in the possession or under the control of any person, or that any person has knowledge of the existence of such a will or document, order that that person do, within a time named, produce the will or document at the registry, or attend at a time named before a court, for the purpose of being examined in relation to the will or document. [27/2014] |
| Grant to Public Trustee in cases of delay |
55.—(1) In the following cases:| (a) | where, after the expiration of 6 months from the death of a deceased person, no application has been made for probate or letters of administration to his estate; | | (b) | where any such application, though made within the said 6 months, has not within that period been proceeded with, or has been withdrawn or refused; | | (c) | where any person, who has received a grant of letters of administration with or without the will annexed, neglects within one month of the date of the grant to give such security as he is lawfully required to furnish; | | (d) | where a receiver may be appointed under section 39, but it appears that such appointment would not be a sufficient protection for the estate; | | (e) | where an administrator has failed to extract the grant of letters of administration; or | | (f) | where after the death of a last surviving executor or administrator of a deceased person’s estate 6 months have elapsed and no application for the representation of the estate has been made, |
| letters of administration with or without the will annexed may be granted to the Public Trustee, or to such other person as the court thinks fit. |
[6/2004] | (2) Nothing in this section shall be construed so as to prevent the Public Trustee from applying for or being granted letters of administration of the estate of a deceased person with or without the will annexed before the expiration of a period of 6 months of the death of the deceased. [6/2004] |
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56.—(1) When funds in court are by an order directed to be paid, transferred or delivered to any person named or described in an order, or in a certificate of the registrar, except to a person therein expressed to be entitled to those funds as trustee, executor, or administrator, or otherwise than in his own right, or for his own use, the funds, or any portion thereof for the time being remaining unpaid, untransferred or undelivered, may, unless the order otherwise directs, on proof of the death of such person, whether on or after or, in the case of payment directed to be made to a creditor as such, before the date of the order, be paid, transferred, or delivered to the legal personal representatives of the deceased person, or to the survivors or survivor of them.| (2) If no administration has been taken out to the estate of such deceased person who has died intestate, and whose assets do not exceed $500, including the amount of the funds directed to be so paid, transferred or delivered to him, the funds may be paid, transferred or delivered to the person who, being a widower, widow, child, father, mother, brother or sister of the deceased, would be entitled to take administration to his or her estate upon a declaration by that person in the prescribed form. |
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57.—(1) Where the estate of a deceased person is insolvent his estate shall be administered in accordance with the rules set out in the First Schedule.| (2) The right of retainer of a personal representative and his right to prefer creditors may be exercised in respect of all assets of the deceased, but the right of retainer shall only apply to debts owing to the personal representative in his own right whether solely or jointly with another person. |
| (3) Subject to subsection (2), nothing in this Act shall affect the right of retainer of a personal representative, or his right to prefer creditors. |
| (4) Where the estate of a deceased person is solvent his estate shall, subject to the Rules of Court and section 58 as to charges on property of the deceased, and to the provisions, if any, contained in his will, be applicable towards the discharge of the funeral, testamentary and administration expenses, debts and liabilities payable thereout in the order mentioned in the Second Schedule. |
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| Charges on property of deceased to be paid primarily out of property charged |
58.—(1) Where a person dies possessed of, or entitled to, or, under a general power of appointment, by his will disposes of an interest in property which at the time of his death is charged with the payment of money, whether by way of legal mortgage, equitable charge or otherwise (including lien for unpaid purchase money), and the deceased has not by will, deed or other document signified a contrary or other intention, the interest so charged shall, as between the different persons claiming through the deceased, be primarily liable for the payment of the charge.| (2) Every part of the interest referred to on subsection (1), according to its value, shall bear a proportionate part of the charge on the whole thereof. |
(3) Such contrary or other intention shall not be deemed to be signified —| (a) | by a general direction for the payment of debts or of the debts of the testator out of his movable property or of his residuary estate; or | | (b) | by a charge of debts upon any such estate, |
| unless such intention is further signified by words expressly or by necessary implication referring to all or some part of the charge. |
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| (4) Nothing in this section shall affect the right of a person entitled to the charge to obtain payment or satisfaction thereof either out of the other assets of the deceased or otherwise. |
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| Administration of estates by consular officers |
59.—(1) Whenever any subject or citizen of any State mentioned in the first column of the Third Schedule —| (a) | dies within Singapore; or | | (b) | dies outside Singapore leaving property within Singapore, |
| and no person is present in Singapore at the time of his death who is rightfully entitled to administer the estate of the deceased person, the consul, vice-consul or consular agent of that State within Singapore may — |
| (i) | take possession and have the custody of the property of the deceased person; | | (ii) | apply the same in payment of his debts and funeral expenses; and | | (iii) | retain the surplus for the benefit of the persons entitled thereto. |
| (2) Notwithstanding subsection (1), the consul, vice-consul or consular agent shall immediately apply for, and shall be entitled to obtain from the court, letters of administration of the property of the deceased person, limited in such manner and for such time as to the court seems fit. |
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| Variation of Third Schedule |
| 60. The Minister may, by notification in the Gazette, add to, amend or vary the Third Schedule. |
| Letters of administration granted to consular officer to pass to his successors in office |
61.—(1) Letters of administration granted to a consular officer under section 59 shall be granted to such an officer in his official style and title and not in his personal name, but the person officiating as such consul, vice-consul or consular agent shall personally take the administrator’s oath.| (2) The letters of administration referred to in subsection (1) and the estate of the deceased shall pass from such consular officer to his successors in office, and shall vest in each such consular officer for the time being during his continuance in office without any order of the court or any conveyance, assignment or other instrument whatsoever. |
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| Administration by Public Trustee |
| 62.—(1) Where any person dies leaving property in Singapore not exceeding $50,000 in value (without deduction for debts), the Public Trustee, after satisfying himself that no application for letters of administration is pending, may, if he thinks fit, by writing signed by him declare that he undertakes to administer such property. [6/2004; 42/2005] (2) For the purpose of subsection (1), the amount of $50,000 shall not include —| (a) | the value of any property which the deceased possessed or was entitled to as trustee and not beneficially; and | | (b) | in the case of a person who dies on or after 17 September 2005, any moneys payable by an appointed insurer pursuant to the Dependants’ Protection Insurance Scheme or any other equivalent scheme maintained by the Central Provident Fund Board under the Central Provident Fund Act 1953. [42/2005] |
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| (3) Upon a declaration under subsection (1), the Public Trustee shall be empowered to administer such property as though letters of administration, with or without the will annexed, of the estate of the deceased person had been granted to him, and his receipt shall be a sufficient discharge to any person who pays any money or delivers any property to him. [6/2004] |
| (4) Notice of every declaration made under subsection (1) shall be given to the registrar. [16/2016] |
| (5) At any time prior to the distribution of any part of the property among the beneficiaries thereof under this section the Public Trustee may, if he thinks it expedient to do so, notwithstanding any declaration made by him under subsection (1), decline to proceed with the administration of the property in his hands until a grant of representation has been obtained in respect of the estate of the deceased. [6/2004] |
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| Payment for minor’s maintenance, etc., out of property not exceeding $25,000 in value held by Public Trustee |
| 63.—(1) Where any property not exceeding $25,000 in value is held by the Public Trustee, whether by virtue of a grant of letters of administration to him or by virtue of the powers conferred on him by this Act, and the property is held by him upon trust for any person for any interest whatsoever, whether vested or contingent, then, subject to any prior interest or charges affecting that property, the Public Trustee may in his sole discretion, during the minority of any such person, in respect of that person’s maintenance, education or benefit make payments of the whole or such part of the income and capital money of such property as may in all the circumstances be reasonable. [6/2004] | (2) When the property so held exceeds $25,000 but does not exceed $50,000 in value, the Public Trustee may make such payments of capital money to the extent of $25,000. [6/2004] |
(3) Such payments may be made to the parent or guardian of such person or otherwise as the Public Trustee may, in his discretion, determine, and whether or not there is —| (a) | any other fund applicable to the same purpose; or | | (b) | any person bound by law to provide for such person’s maintenance or education. [6/2004] |
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| Exemption from necessity of giving notice of distribution of property of less than $10,000 in value |
| 64.—(1) Where the total value of any property (without deduction for debts, but not including the value of any property which the deceased possessed or was entitled to as trustee and not beneficially) administered by the Public Trustee, whether by virtue of a grant of letters of administration to him or by virtue of the powers conferred on him by this Act, does not exceed $10,000, it shall not be necessary for the Public Trustee to give notice by advertisement in the Gazette or otherwise of his intention to distribute the estate or require any person interested to send in particulars of his claim against the estate, but the Public Trustee may proceed forthwith to convey or distribute the estate or any part thereof to or among the persons entitled thereto, having regard only to the claims, whether formal or not, of which the Public Trustee then had notice. [6/2004] | (2) The Public Trustee shall not, as respects the property conveyed or distributed under subsection (1), be liable to any person of whose claim the Public Trustee has not had notice at the time of conveyance or distribution. [6/2004] |
(3) Nothing in this section shall —| (a) | prejudice the right of any person to follow the property representing the same, into the hands of any person, other than a purchaser, who may have received it; or | | (b) | free the Public Trustee from any obligation to make searches similar to those which an intending purchaser would be advised to make or obtain. [6/2004] |
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| When interest is payable into Consolidated Fund |
| 65.—(1) Where any trust money in the hands of the Public Trustee is normally insufficient to earn bank interest if kept in a bank current account the money may be kept in a general banking account or deposited in any bank. [6/2004] | (2) Any interest allowed by the bank shall be paid into the Consolidated Fund. |
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| Executors’ or administrators’ commission |
| 66.—(1) The court may in its or his discretion allow the executors or administrators a commission not exceeding 5% on the value of the assets collected by them, but in the allowance or disallowance of such commission the court shall be guided by its or his approval or otherwise of their conduct in the administration of the estate. [27/2014] | (2) The registrar may, in the course of the taking of the administration accounts of executors or administrators, exercise the powers conferred on the court by subsection (1). [27/2014] |
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| Testamentary and funeral expenses |
| 67.—(1) The court shall allow the executors or administrators the reasonable testamentary and other expenses incurred by them, and also proper funeral expenses and all reasonable expenses of subsequent religious ceremonies suitable to the station in life of the deceased. [27/2014] | (2) The registrar may, in the course of the taking of the administration accounts of executors or administrators, exercise the powers conferred on the court by subsection (1). [27/2014] |
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| Where funds of estate cannot be immediately distributed |
68.—(1) Where, upon the conclusion of the administration of the estate of a person dying testate or intestate, there remain in the hands of the personal representative funds of which he is unable to dispose immediately by distribution in accordance with law by reason of the inability of the person entitled to give a discharge, through lack of legal capacity or otherwise, or for any other cause which to the Public Trustee appears sufficient, the personal representative may, if the Public Trustee consents to accept the same, pay those funds to the Public Trustee who —| (a) | shall not be required to make any enquiry whether the administration has been conducted in accordance with law; | | (b) | may accept those funds as a trustee for the person entitled, and apply the same for the benefit of such person; and | | (c) | may for such purpose exercise all the powers conferred on him under section 63. [6/2004] |
| (2) The receipt of the Public Trustee may be accepted by the personal representative and shall constitute a full and sufficient discharge in respect of such funds. [6/2004] |
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| Power of registrar to grant probate or letters of administration in uncontested cases |
| 69. Notwithstanding anything to the contrary in this Act, the registrar may exercise and shall be deemed always to have had power to exercise, in uncontested matters and subject to rules made under any written law for the time being in force relating to the courts, all or any of the powers conferred upon the court by Parts 2, 3 and 10, and by section 55. |
70. As from 8 March 2004 —| (a) | any letters of administration granted to the official assignee; | | (b) | any application made by the official assignee (whether for letters of administration or otherwise); | | (c) | any estate or part thereof of a deceased person vested in or being administered by the official assignee; and | | (d) | any other action (whether for the administration of the estate of a deceased person or otherwise) begun by the official assignee, |
| under the provisions of this Act in force immediately before that date shall be deemed to have been so granted to, made by, vested in or administered or begun by the Public Trustee under the provisions of this Act in force as from that date, and any such application, administration or other action still pending on that date may be continued with by the Public Trustee in accordance with the provisions of this Act in force as from that date. |
[6/2004] |
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