Probate and Administration Act 1934

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3 Express renunciation

4 Constructive renunciation

5 Effect of renunciation

6 Provisions as to number of personal representatives

7 Notation of domicile

9 Probate of copy or draft, or of contents

11 Administration with copy annexed of authenticated copy of will proved abroad

12 Codicil propounded after probate

13 On failure of executors

14 Letters of administration with will annexed may be granted to attorney of absent executor

15 Grant to attorney of absent person entitled to letters of administration

16 Codicil propounded after grant of letters of administration

17 Letters of administration until will produced

18 Letters of administration on intestacy

19 Letters of administration to attorney of person entitled

20 Letters of administration pending probate action

22 Persons who lack mental capacity

23 Letters of administration of trust property

24 Letters of administration to collect and preserve property

25 Death of one of several executors, etc.

26 Grants with exception

27 Administration when limited grant expired and some part of estate unadministered

29 Administration bond

30 Bond by creditor administrator

31 Assignment of bond

32 Revocation of grant

35 Grants in excess of jurisdiction not to be invalid

37 Vesting of estate in Public Trustee in certain circumstances between death and grant of administration

38 Estate vested in Chief Justice before 1 October 1997

39 Receiver pending grant

40 Sale by order of court

41 Application of rules relating to receivers

43 No suit against receiver

44 Receiver’s lien

47 Power of court to re-seal

48 Provisions for estate duty

49 Security on re-sealing letters of administration

50 Security for creditors in Singapore

51 Notice of sealing

52 Notice of revocation

54 Order to bring in will, etc.

55 Grant to Public Trustee in cases of delay

57 Administration of assets

58 Charges on property of deceased to be paid primarily out of property charged

59 Administration of estates by consular officers

60 Variation of Third Schedule

61 Letters of administration granted to consular officer to pass to his successors in office

62 Administration by Public Trustee

63 Payment for minor’s maintenance, etc., out of property not exceeding $25,000 in value held by Public Trustee

64 Exemption from necessity of giving notice of distribution of property of less than $10,000 in value

65 When interest is payable into Consolidated Fund

66 Executors’ or administrators’ commission

67 Testamentary and funeral expenses

68 Where funds of estate cannot be immediately distributed

69 Power of registrar to grant probate or letters of administration in uncontested cases

70 Transitional provision

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Probate and Administration
Act 1934

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act relating to the grant of probate and letters of administration.

[1 January 1935]

PART 1

PRELIMINARY

Short title

1. This Act is the Probate and Administration Act 1934.

Interpretation

2. In this Act, unless there is something repugnant in the subject or context —

“court” means the General Division of the High Court or a Family Court;

“letters of administration” means a grant under the seal of the court issuing the same, authorising the person or persons therein named to administer an intestate’s estate in accordance with law;

“letters of administration with the will annexed” means a grant under the seal of the court issuing the same, authorising the person or persons therein named to administer a testator’s estate in compliance with the directions contained in his will, and in accordance with law;

“prescribed form” means the form prescribed by rules made under any law for the time being in force relating to the courts;

“probate” means a grant under the seal of the court issuing the same, authorising the executor or executors expressly or impliedly appointed by a testator’s will, or one or more of them, to administer the testator’s estate in compliance with the directions contained in his will, and in accordance with law;

“probate action” means a cause or matter in which a probate application is contested by any person, and includes any application to alter or revoke the grant of any probate or letters of administration;

“probate application” means an application for a grant of probate or letters of administration, and “probate applicant” shall be construed accordingly;

“Public Trustee” means the Public Trustee appointed under the Public Trustee Act 1915 and includes a Deputy Public Trustee and an Assistant Public Trustee appointed under that Act;

“registrar” means the registrar of the Family Justice Courts;

“will” includes any codicil or other testamentary document.

[6/2004; 42/2005; 27/2014; 44/2014; 40/2019]