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Probate and Administration (Amendment) Bill

Bill No. 48/1965

Read the first time on 13th December 1965.

An Act to amend the Probate and Administration Ordinance (Chapter 17 of the Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: —

Short title and commencement

1. This Act may be cited as the Probate and Administration (Amendment) Act, 1965, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the Probate and Administration Ordinance (hereinafter in this Act referred to as “the Ordinance”) is hereby amended —

(a)

by inserting immediately after the definition of “letters of administration with the will annexed” appearing therein the following new definition: —

“ “Official Assignee” includes any officer appointed by the President to discharge the duties of Official Assignee in Bankruptcy;”;

(b)

by deleting the definition of “prescribed form” appearing therein and substituting therefor the following: —

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

(c)

by deleting the words “or a Deputy Registrar” appearing in the first line of the definition of “Registrar” therein and substituting therefor the words “or the Deputy Registrar or Assistant Registrar”.

Amendment of section 6

3. Section 6 of the Ordinance is hereby amended —

(a)	by deleting the words “under the Courts Ordinance” appearing in the last line of the proviso to subsection (1) thereof and in subsection (2) thereof and substituting therefor in each case the words “under any written law for the time being in force relating to the courts”; and
(b)	by deleting the marginal note “Cap. 3.” wherever it appears therein.

Amendment of section 34

4. Section 34 of the Ordinance is hereby amended by deleting subsection (1) thereof and substituting therefor the following: —

“(1) District Courts shall exercise the jurisdiction conferred on them by any written law for the time being in force relating to the courts in accordance with the foregoing provisions of this Ordinance, subject to the provisions of sections 35 and 36 of this Ordinance and to District Court Rules made or deemed to be made under any written law relating to the courts.”.

New section 36A

5. The Ordinance is hereby amended by inserting in PART IX and immediately before section 37 thereof the following new section: —

“Vesting of property of an intestate

36A.—(1) Where a person dies intestate his movable and immovable property until administration is granted in respect thereof shall vest in the Chief Justice in the same manner and to the same extent as it vests in the Probate Judge in England.

(2) On the making of an order for a grant of administration by the court all such property shall vest in the administrator.”.

Amendment of section 44

6. Section 44 of the Ordinance is hereby amended —

(a)

by inserting immediately after the definition of “court of probate” appearing therein the following new definition: —

“ “the Commonwealth” shall, for the purposes of this Part, be deemed to include any country in the Commonwealth which the President may, by notification in the Gazette, specify to be a country to which this Part applies;”;

(b)

by deleting the words “British Commonwealth” appearing in the third line of the definition of “ “probate” and “letters of administration” ” therein and substituting therefor the word “Commonwealth”;

(c)

by deleting the semi-colon appearing at the end of the definition of “ “probate” and “letters of administration” ” therein and substituting therefor a full-stop; and

(d)

by deleting the definition of “British court in a foreign country” appearing therein.

Amendment of section 45

7. Section 45 of the Ordinance is hereby amended by deleting the words “British Commonwealth” appearing in the first and second lines thereof and substituting therefor the word “Commonwealth”.

Amendment of section 54

8. Section 54 of the Ordinance is hereby amended —

(a)

by deleting the full-stop appearing at the end thereof and substituting therefor a colon; and

(b)

by adding thereto the following proviso: —

“Provided that nothing in this section shall be construed so as to prevent the Official Assignee 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 six months of the death of the deceased.”.

Repeal and re-enactment of section 56

9. Section 56 of the Ordinance is hereby repealed and the following substituted therefor: —

“Administration of assets

56.—(1) Where the estate of a deceased person is insolvent his estate shall be administered in accordance with the rules set out in Part I of the First Schedule to this Ordinance.

(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; and subject as aforesaid, nothing in this Ordinance shall affect the right of retainer of a personal representative, or his right to prefer creditors.

(3) Where the estate of a deceased person is solvent his estate shall, subject to rules of court and the provisions hereinafter contained 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 Part II of the First Schedule to this Ordinance.”.

New section 56A

10. The Ordinance is hereby amended by inserting immediately after section 56 thereof the following new section: —

“Charges on property of deceased to be paid primarily out of the property charged

56A.—(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; and every part of the said interest, according to its value, shall bear a proportionate part of the charge on the whole thereof.

(2) Such contrary or other intention shall not be deemed to be signified —

(a)	by 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.

(3) 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.”.

Repeal and re-enactment of section 58

11. Section 58 of the Ordinance is hereby repealed and the following substituted therefor: —

“Variation of Second Schedule

58. The President may, by notification in the Gazette, add to, amend or vary the Second Schedule to this Ordinance.”.

Repeal and re-enactment of section 60

12. Section 60 of the Ordinance is hereby repealed and the following substituted therefor: —

“Administration by Official Assignee

60.—(1) Where any person dies leaving property in Singapore not exceeding ten thousand dollars in value (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) the Official Assignee, after satisfying himself that no petition for letters of administration is pending, may, if he thinks fit, by writing signed by him declare that he undertakes to administer such property, and thereupon he shall be empowered to administer it 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; and notice of every such declaration shall be filed in court.

(2) At any time prior to the distribution of any part of the property among the beneficiaries thereof under this section the Official Assignee may, if he thinks it expedient to do so, notwithstanding any declaration made by him under subsection (1) of this section, 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.”.

New sections 60A 60B and 60C

13. The Ordinance is hereby amended by inserting immediately after section 60 thereof the following new sections: —

“Payment for minor’s maintenance, etc. out of property not exceeding in value $10,000 held by Official Assignee

60A.—(1) Where any property not exceeding in value ten thousand dollars is held by the Official Assignee, whether by virtue of a grant of letters of administration to him or by virtue of the powers conferred on him by this Ordinance, and such 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 Official Assignee may in his sole discretion, during the minority of any such person, in respect of such 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.

(2) When the property so held exceeds ten thousand dollars but does not exceed twenty thousand dollars in value, the Official Assignee may make such payments of capital money to the extent of ten thousand dollars.

(3) Such payments may be made to the parent or guardian of such person or otherwise as the Official Assignee 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.

Exemption from necessity of giving notice of distribution of property of less than $5,000

60B. 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 Official Assignee whether by virtue of a grant of letters of administration to him or by virtue of the powers conferred on him by this Ordinance, does not exceed five thousand dollars, it shall not be necessary for the Official Assignee 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 Official Assignee 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 Official Assignee then had notice, and the Official Assignee shall not, as respects the property so conveyed or distributed, be liable to any person of whose claim the Official Assignee has not had notice at the time of conveyance or distribution; but 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 Official Assignee from any obligation to make searches similar to those which an intending purchaser would be advised to make or obtain.

When interest is payable into Consolidated Fund

60C. Where any trust money in the hands of the Official Assignee 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 and any interest allowed by the bank shall be paid into the Consolidated Fund.”.

Amendment of section 63

14. Section 63 of the Ordinance is hereby amended by deleting subsections (2), (3), (4), (5) and (6) thereof and substituting therefor the following new subsections: —

“(2) Where, upon the conclusion of the administration of the estate of a person dying testate or intestate, there remain in the hands of the Official Assignee, or of any other 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 shall appear sufficient, the Official Assignee or other legal representative, as the case may be, may, if the Public Trustee consents to accept the same, pay such funds to the Public Trustee, who shall not be required to make any enquiry whether the administration has been conducted in accordance with law, but may accept such funds as a trustee for the person entitled, and apply the same for the benefit of such person and may for such purpose exercise all the powers conferred on the Official Assignee under section 60A of this Ordinance, as if the references in that section to the Official Assignee had been references to the Public Trustee.

(3) The receipt of the Public Trustee may be accepted by the Official Assignee or other legal personal representative, as the case may be, and shall constitute a full and sufficient discharge in respect of such funds.”.

Amendment of section 64

15. Section 64 of the Ordinance is hereby amended —

(a)	by deleting the words “under the Courts Ordinance” appearing in the fourth and fifth lines thereof and substituting therefor the words “under any written law for the time being in force relating to the courts”; and
(b)	by deleting the marginal note “Cap. 3.” thereto.

Repeal and re-enactment of First Schedule

16. The First Schedule to the Ordinance is hereby repealed and the following substituted therefor: —

“FIRST SCHEDULE

(Section 56).

Part I

Rules As to Payment of Debts Where Estate Is Insolvent

1. The funeral, testamentary and administration expenses shall have priority.

2. Subject as aforesaid, the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors and as to debts and liabilities provable and as to the valuation of annuities and future and contingent liabilities respectively, and as to the priorities of debts and liabilities, as may be in force for the time being under the law of bankruptcy with respect to the assets of persons adjudged bankrupt.

Part II

Order of Application of Assets Where the Estate Is Solvent

1. Property of the deceased undisposed of by will, subject to the retention thereout of a fund sufficient to meet any pecuniary legacies.

2. Property of the deceased not specifically devised or bequeathed but included (either by a specific or general description) in a residuary gift, subject to the retention out of such property of a fund sufficient to meet any pecuniary legacies, so far as not provided for as aforesaid.

3. Property of the deceased specifically appropriated or devised or bequeathed (either by a specific or general description) for the payment of debts.

4. Property of the deceased charged with, or devised or bequeathed (either by a specific or general description) subject to a charge for the payment of debts.

5. The fund, if any, retained to meet pecuniary legacies.

6. Property specifically devised or bequeathed, rateably according to value.

7. Property appointed by will under a general power, rateably according to value.

8. The following provisions shall also apply —

(a)	the order of application may be varied by the will of the deceased;
(b)	this part of this Schedule does not affect the liability of land to answer the death duty imposed thereon in exoneration of other assets.”.

Miscellaneous amendments

17. The following sections and provisions of the Ordinance are hereby amended by deleting the words “the Colony” wherever they appear therein, including the marginal notes thereto, and substituting therefor the word “Singapore”: —

Sections 7, 11, the cross-heading before section 11, sections 14, 15, 19, 34 (2), 37, 40, the cross-heading of Part X, sections 44, 45, 46, 49(1), 51 and 57.