36. Appendix A of the principal Rules is amended —(a) | by deleting the words “(Seal)” and “Registrar.” wherever they appear in the following Forms and substituting thereto the words “# This form requires sealing by the Court and the signature of the Registrar.”:Forms 1, 8, 27, 28, 42, 43, 49, 56, 72, 73 to 76, 79, 80, 82, 84, 85, 92, 94, 100, 101, 103, 104, 106, 108 to 111, 136, 142, 145, 147, 148, 170, 182, 184 to 187, 189, 191, 193 to 197, 200, 201, 204, 206, 207, 212, 213 and 227; |
| (b) | by deleting the word “(Seal)” at the end of Forms 210, 211 and 219 and substituting in each case the words “# This form requires sealing by the Court.”; | (c) | by deleting the form reference specified in the second column of the Table and substituting the new form reference specified in the third column of the Table against the respective Forms specified in the first column of that Table: | (d) | by deleting the words “(Title as in Form 114 or 119)” in Forms 115, 116 and 117 and substituting in each case the words “(Title as in Form 112)”; | (e) | by deleting the words “(Title as in Form 114)” in Form 118 and substituting the words “(Title as in Form 112)”; | (f) | by deleting the words “(Title as in Form 171)” in Forms 174 and 175 and substituting in each case the words “(Title as in Form 172)”; | (g) | by deleting Forms 11, 13, 14, 19, 46, 63, 66, 68, 69, 70, 95, 113, 114, 119, 146, 161, 165, 167, 171, 188, 192, 214, 215, 216, 224A and 225; | (h) | by inserting, immediately after Form 79, the following Form:“ | | | | | REQUEST TO ENTER JUDGMENT |
| | Request is made for judgment to be entered against the defendant, (name): |
*1. For failure by the defendant to enter an appearance within the time limited for appearing. |
(a) | the writ has been duly served on the defendant, (name), on (date of service) as specified in the memorandum of service filed on (date) and properly endorsed; and |
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(b) | I have conducted a search for appearance and no appearance has been entered by the defendant. |
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*2. For failure by the defendant to serve a defence on the plaintiff, within the period fixed under the Rules of Court for service of defence. |
I certify that no defence has been served on the plaintiff by the defendant, (name), within the period fixed by the Rules of Court for service of defence. |
Issued by: (Solicitors for the ). |
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”; |
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| (i) | by inserting, immediately after Form 151, the following Form:“ | | | | | | | The Applicant(s) and , his wife, of state as follows: |
1. | Particulars of First Applicant: |
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(f) | Relationship to child (if any): |
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2. | Particulars of Second Applicant: |
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(f) | Relationship to child (if any): |
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3. | The Applicant(s) is (are) resident in Singapore at Singapore and domiciled in Singapore. |
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4. | The First Applicant married the Second Applicant at on . |
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5. | The Applicant(s) has (have) resident with him (her) (them) the following persons: |
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| | 6. | Particulars of infant to be adopted (“the said infant”): |
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(j) | The said infant is entitled/not entitled* to any property (state particulars if infant is entitled to property). |
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(k) | The said infant is/is not* in the actual custody (or under the guardianship) of the Applicant(s) (state whereabouts of the said infant if he is not in the actual custody of the Applicant(s)). |
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(l) | The Applicant(s) have/have not* been supporting the said infant since (date on which support commenced). |
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(m) | The said infant has/has not* been subject to an adoption order or of any application for an adoption order. (State particulars if the said infant has been subject to an adoption order or an application for an adoption order.) |
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7. | Particulars of natural father of infant to be adopted: |
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(f) | Consent to the Originating Summons has/has not* been obtained. |
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8. | Particulars of natural mother of infant to be adopted: |
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(f) | Consent to the Originating Summons has/has not* been obtained. |
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9. | The Applicant(s) undertakes (undertake) if an order is made on this Originating Summons, to provide maintenance and education for the said infant. The Applicant(s) will, if required, secure the above provision by bond or otherwise as the Court may require. |
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| | 10. | The Applicant(s) has not (have not nor has either of them) received or agree to receive, and no person has made or given or agreed to make or give to the Applicant(s) (or either of them) any payment or reward in consideration of the adoption of the said infant except as follows: |
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| (State the nature of the payment or reward made or received in consideration of the adoption.) |
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11. | The Applicant(s) shall provide for the costs of this Originating Summons including the costs of the Director of Social Welfare if he is appointed guardian in adoption of the said infant or such person as may be appointed by this Court. |
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”; and |
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| (j) | by deleting Forms 6, 10, 18, 20, 25, 26, 44, 45, 47, 60, 61, 65, 67, 83, 86, 87, 96, 107, 112, 141, 143, 144, 149, 150, 151, 152 to 158, 160, 162, 164, 166, 167, 172, 173, 177 to 181 and 224 and substituting the following Forms, respectively:“ | | | | | | | The writ of summons herein was served on — |
Capacity in which person is served: (The defendant) (or as may be). |
On: (Day, date and time of service). |
Method of service: (State how service effected). |
Issued by: (Solicitors for the ). |
| | | | | | | | | | | | | | Appearance is entered for the following parties in this action: |
Appearing party type: (e.g. 1st Defendant) |
Where appearing party is represented by solicitors |
Solicitor’s contact particulars: (tel.); (fax); (email). |
Where appearing party is acting in person |
Address for service within jurisdiction (if residential address is outside jurisdiction): |
Other contact particulars: (tel.); (fax); (email). |
The statement of claim is (required / not required) to be filed and delivered. |
Issued by: (Solicitors for the ). |
| | | | | | | | | | | | SUMMONS FOR LEAVE TO ISSUE A THIRD PARTY NOTICE |
| | Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): |
1. | Leave to issue a third party notice, a copy of which is attached herein. |
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2. | The costs of this application be . |
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Grounds of application: (State the grounds here) or (As set out in the affidavit of [name]). |
Issued by: (Solicitors for the ). |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | | | | | | | SUMMONS FOR THIRD PARTY DIRECTIONS |
| | To: The third party (and his solicitors). |
Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): |
1. | The defendant serve a statement of claim on the said third party within days from this date, who shall plead thereto within days. |
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2. | (State any other directions as may be required). |
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3. | The said third party be at liberty to appear at the trial (or hearing) of this action, and take such part as the Judge shall direct, and be bound by the result of the trial (or hearing). |
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4. | The question of the liability of the said third party to indemnify the defendant be tried at the trial (or hearing) of this action, but subsequent thereto. |
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5. | The costs of this application be costs in the cause and in the third party proceedings. |
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Grounds of application: (To set out grounds) or (As set out in the affidavit of [name]). |
Issued by: (Solicitors for the ). |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | | | | | | | STATEMENT IN SUPPORT OF AN INTERPLEADER SUMMONS: BY SHERIFF/BAILIFF |
| | 1. On (date), of gave me notice that he claimed the following property (specify the property claimed) taken by me in execution under (the writ of seizure and sale) issued in this action. |
2. On (date), I notified the execution creditor of the said claim. He does not admit the claim and has not requested me to withdraw from possession of the property claimed. |
3. I value the property claimed at approximately $ . I claim no interest in the subject-matter in dispute other than commission fees and expenses of execution. |
4. I do not in any manner collude with any of the parties herein. |
| | | | | | | | | | | | AFFIDAVIT IN SUPPORT OF AN INTERPLEADER SUMMONS BY A PERSON UNDER LIABILITY |
| | (In a pending action application as in Form 60, in any other case by an originating summons) |
I, of (if in an action, the abovenamed defendant) do make oath (or affirm) and say as follows: |
1. (If in an action.) This action is brought to recover (state what) claimed by the plaintiff but I have received a claim adverse to that of the plaintiff from of (or, if no action), I have received adverse claims from of and of to (state what) which is of the approximate value of $ . |
I expect to be sued on these claims by the said claimant. |
2. I claim no interest in the subject-matter in dispute (other than the sum of $ for costs or charges) (or as the case may be). I do not in any manner collude with either (or any) of the said claimants. |
3. I am ready and willing to bring into Court or to pay or dispose of the subject-matter in dispute in such manner as the Court may direct. |
Sworn (or affirmed) as in Form 78. |
| | | | | | | | | | | | SUMMONS FOR DIRECTIONS PURSUANT TO ORDER 25 |
| | To: The defendant (and his solicitors). |
Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): |
1. This action be consolidated with action(s) in the following Suit Number(s): |
2. This action be referred to the Registrar. The costs of this application be costs in the cause. |
3. The action be (or by consent) transferred to the . The costs of this application be in the discretion of the . |
4. Unless the plaintiff gives security for the defendant’s costs within days in the sum of $ to the satisfaction of the Registrar, the action be transferred to the with stay meanwhile. The costs of this application be in the discretion of the (and if the security is paid, the directions shall be as follows: ). |
5. The plaintiff have leave to amend the writ by . The service of the writ and the defendant’s appearance do stand. The costs incurred and thrown away by the amendment be the defendant’s in any event. |
6. The plaintiff have leave to amend the statement of claim as shown in the document served herewith and to re-serve the amended statement of claim in days. Thereafter the defendant have leave to serve an amended defence (if so advised) in days. The plaintiff have leave to serve an amended reply (if so advised) in days. The costs of and thrown away by the amendments be the defendant’s in any event. |
| | 7. The defendant have leave to amend the defence as shown in this summons and to re-serve the amended defence in days. Thereafter, the plaintiff have leave to re-serve an amended reply (if so advised) in days. The costs of and thrown away as a result of the amendments be the plaintiff’s in any event. |
| | 8. The plaintiff serve on the defendant the further and better particulars of the statement of claim specified in this summons within days. |
9. The defendant serve on the plaintiff the further and better particulars of the defence specified in the document served herewith within days. |
10. The plaintiff serve on the defendant the further and better particulars of the reply specified in this summons within days. |
11. The plaintiff give security for the defendant’s costs to the satisfaction of the Registrar in the sum of $ on the following grounds: |
In the meantime, all further proceedings be stayed. |
12. The plaintiff serve on the defendant a list of documents and file an affidavit verifying such list (limited to the documents relating to the (special damage claimed) (plaintiff’s industrial injury, industrial disablement or sickness benefit rights) (period from to ) (issues raised in paras. of the statement of claim and paras. of the defence) (issues of )) within days. |
| | 13. The defendant serve on the plaintiff a list of documents and file an affidavit verifying such list (limited to documents relating to the (period from to ) (issues raised in paras. of the statement of claim and paras. of the defence) (issues of )) within days. |
14. There be inspection of documents within days of the service of the lists (filing of the affidavits). |
15. The plaintiff have leave to serve on the defendant the interrogatories shown in the document served herewith. The defendant is to answer the interrogatories on affidavit within days. |
16. The defendant have leave to serve on the plaintiff the interrogatories shown in the document served with this summons. The plaintiff is to answer the interrogatories on affidavit within days. |
17. The plaintiff (or defendant) (retain and preserve pending the trial of the action) (upon days notice to give inspection of) (the subject-matter of the action, to the defendant (or plaintiff) and to his legal advisers (and experts)). |
18. The statements in the following documents be admissible in evidence at the trial without calling as a witness the maker of the statements: |
| | (A certified true copy of the above documents be admissible in evidence at the trial without production of the original documents). |
19. The following affidavits (in the form of the draft affidavit (served herewith)) (to be served within days) be admissible in evidence at the trial: |
20. Evidence of the following fact(s), namely, be received at the trial by statement on oath of information and belief (by the production of the following documents or entries in books or copy documents or copy entries in books, namely, ). |
21. It be recorded that the parties ((plaintiff) (defendant) refuses to) admit for the purposes of this action that ( (the truth of the statements in the document served (herewith)). |
22. The affidavits of the evidence in chief of all witnesses shall be limited to one affidavit for each witness to be exchanged within weeks hereof. |
23. Objections to the contents of the affidavit evidence shall be taken within weeks after the exchange of the affidavit evidence. |
24. The evidence in chief or the substance thereof of all expert witnesses shall be in the form of affidavit and shall be exchanged/disclosed within weeks hereof. |
25. The following witnesses on behalf of the plaintiff (or defendant) may be examined before the Registrar (or a special examiner to be agreed upon by the parties or appointed by the Registrar) upon days’ notice and need not attend at the trial: |
26. There shall be a discussion between the experts for the purpose of requiring the experts to identify the issues in the proceedings and where possible reach agreement on any issue not later than days before the exchange of the affidavits of evidence in chief. The issues which the experts are to discuss shall be limited to the following: |
| | 27. Within days of the discussion, the expert witnesses are to prepare and furnish to the parties a joint written statement indicating the agreed issues, the issues on which they disagree and a summary of the reasons for disagreement. |
28. That (name) of (organisation) be appointed as assessor(s) in this action. |
29. A plan of the locus in quo other than a sketch plan be receivable in evidence at the trial. |
| | 30. Photographs and a plan of the locus in quo be agreed, if possible. |
31. By consent, (the right of appeal be excluded) (any appeal be limited to the Court of Appeal) (any appeal be limited to questions of law only). |
Estimated no. of witnesses: |
To be set down within: days. |
Any other matters: (to be tried immediately after the action in Suit Number ). |
33. The witnesses whom the plaintiff intends if necessary to call shall be limited to the following: |
Witnesses of fact: (names). |
Expert witnesses: (names). |
34. The witnesses whom the defendant intends if necessary to call shall be limited to the following: |
Witnesses of fact: (names). |
Expert witnesses: (names). |
| | 35. The costs of this application be costs in the cause. |
Grounds of application: (To set out grounds) or (As set out in the affidavit of [name]). |
Issued by: (Solicitors for the ). |
# This form requires sealing by the Court and the signature of the Registrar. |
(a) | Applicants are to indicate only those prayers for which directions are necessary. |
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(b) | For paragraphs 33 and 34, all witnesses must be named here or in the order of Court to be extracted on this summons for directions. Witnesses not so named shall not be allowed to testify at the trial without leave of court. |
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| | | | | | | | | | | | SUMMONS FOR DIRECTIONS PURSUANT TO ORDER 25 |
| | To: The defendant (and his solicitors). |
Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): |
1. Interlocutory Judgment be entered by consent as follows: |
(State the terms of the judgment to be entered, e.g. against the defendant for damages to be assessed and costs reserved to the Registrar.) |
2. The plaintiff serve on the defendant a list of documents and file an affidavit verifying such list within days. |
3. The defendant serve on the plaintiff a list of documents and file an affidavit verifying such list within days. |
4. There be inspection of documents within days of the service of the lists and (filing of the affidavits). |
5. The affidavits of the evidence in chief of all witnesses shall be limited to one affidavit for each witness to be exchanged within weeks hereof. |
6. The objections to the contents of the affidavit evidence shall be taken within weeks after the exchange of the affidavit evidence. |
7. The evidence in chief or the substance thereof of all expert witnesses shall be in the form of affidavit and shall be exchanged/disclosed within weeks hereof. |
8. The assessment of damages be fixed for hearing for day(s). The notice of appointment for assessment of damages shall be filed within weeks hereof and served on the defendant within days thereafter. |
| | 9. The witnesses whom the plaintiff intends if necessary to call shall be limited to the following: |
Witnesses of fact: (names). |
Expert witnesses: (names). |
10. The witnesses whom the defendant intends if necessary to call shall be limited to the following: |
Witnesses of fact: (names). |
Expert witnesses: (names). |
11. [Include other prayers if necessary.] |
12. The costs of this application be costs in the cause. |
Grounds of application: (To set out grounds) or (As set out in the affidavit of [name]). |
Issued by: (Solicitors for the ). |
# This form requires sealing by the Court and the signature of the Registrar. |
(a) | Applicants are to indicate only those prayers for which directions are necessary. |
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(b) | For paragraphs 9 and 10, all witnesses must be named here or in the order of Court to be extracted on this summons for directions. Witnesses not so named shall not be allowed to testify at the trial without leave of court. |
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| | | | | | | | | | | | SUMMONS FOR INTERROGATORIES |
| | Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): |
The plaintiff (or defendant) (or as may be) be at liberty to serve interrogatories in writing on the defendant (or plaintiff) (or as may be) (in the form of the document attached) and for the questions to be answered in writing by way of an affidavit within days. |
Grounds of application: (To set out grounds) or (As set out in the affidavit of [name]). |
Issued by: (Solicitors for the ). |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | | | | | | | | | Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): |
Grounds of application: (State the grounds here) or (As set out in the affidavit of [name]). |
Issued by: (Solicitors for the ). |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | | | | | | | NOTICE FOR SETTING DOWN AN ACTION FOR TRIAL |
| | To: The Registrar and (other parties to the action). |
The plaintiff (or defendant) hereby sets down this action for trial for days. |
The requisite documents pursuant to Order 34, Rule 3, are attached herewith. |
Issued by: (Solicitors for the ). |
| | | | | | | | | | | | | | The time of the Court was occupied as follows: |
| | | | | | | | | | | | | | | | | Total time occupied: hour(s) minute(s) |
The List of Exhibits is as follows: |
| | | | | | | Witness who proved Exhibit |
| | | | | | | | | | | | | | | (Name of Clerk of the Court) |
| | | | | | | | | | | | SUBPOENA TO TESTIFY5/ SUBPOENA TO PRODUCE DOCUMENTS1/ SUBPOENA TO TESTIFY5 AND TO PRODUCE DOCUMENTS1 |
| | You are required to attend at: |
Venue: (Supreme Court / Subordinate Courts) (Court / Chamber number) |
Before: Judge / Registrar |
*(a) | In person (for subpoena to testify and subpoena to testify and to produce documents); or |
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*(b) | In person or by an agent (for subpoena to produce documents) |
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and so from day to day until the end of the above proceedings. |
*(a) | (Where it is a subpoena to testify) To give evidence on behalf of the in the said proceedings. |
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*(b) | (Where it is a subpoena to produce documents) To produce the documents specified hereunder on behalf of the in the said proceedings: |
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(Specify the documents to be produced). |
| | *(c) | (Where it is a subpoena to testify and to produce documents) To give evidence and produce the documents specified hereunder on behalf of the in the said proceedings: |
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(Specify the documents to be produced). |
Issued by: (Solicitors for the ). |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | | | | | WRIT OF SEIZURE AND SALE IN RESPECT OF IMMOVABLE PROPERTY |
| | Having seized the interest of (name of execution debtor) in the immovable property specified in the Schedule hereto pursuant to the Order of Court dated , you are directed to serve the Writ of Seizure and Sale together with the said Order of Court on (name of execution debtor), of and, if the execution debtor cannot be found, affix a copy of the same on some conspicuous part of the immovable property known as , and thereafter, if necessary, to sell the said interest to satisfy the sum $ which is the sum outstanding payable to the said (name of execution creditor) pursuant to a judgment (or order as may be) dated against the said (name of execution debtor). |
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| | | | | | | | | | | Whole or part lot (if part lot, to state approved new lot number or strata lot number) |
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| (**If title document is a lease, to cancel the Vol No. and Fol No. and simply state the Lease No.) |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | | | SUMMONS FOR LEAVE TO ISSUE EXECUTION |
| | Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): |
1. The plaintiff (or as may be) be at liberty to issue execution (or writ of seizure and sale, or as may be) against the defendant (or as may be) on the judgment herein dated , (notwithstanding that 6 years have elapsed since such judgment, or as may be); and |
2. The defendant (or as may be) do pay the costs of and occasioned by this application. |
Grounds of application: As set out in the affidavit of (name). |
Issued by: (Solicitors for the ). |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | | | | | | | UNDERTAKING, DECLARATION AND INDEMNITY |
| | 1. I/We hereby undertake to pay all charges and fees that are imposed by the Sheriff/bailiff and to fully indemnify the Sheriff/bailiff and his officers and keep them indemnified against all actions, proceedings, liabilities, claims, damages, costs and expenses incurred in relation to or become payable by the Sheriff/bailiff in respect of or arising from the execution. Please appoint a suitable date to execute the Writ of Seizure and Sale/Delivery/Possession*. |
2. **I/We hereby declare that as at the date of this undertaking, declaration and indemnity, the property the Sheriff/bailiff is requested to seize under this Writ of Seizure and Sale/Delivery/Possession* is/is not the subject-matter of a seizure or attachment under any execution or order issued by the Subordinate Courts or the High Court. |
(State particulars of prior execution if applicable.) |
3. For seizure of movable property under a Writ of Seizure and Sale/Delivery*. |
I/We hereby declare that, as at the date of this undertaking, declaration and indemnity, I/we have reason to believe that the execution debtor is the owner or occupier at the address of execution or the owner of the property liable to be seized. |
(State the grounds of belief.) |
| | | | | | | | | | | | ORDER OF COURT FOR THE SEIZURE AND SALE IN RESPECT OF IMMOVABLE PROPERTY |
| | Before (Name and designation of Judicial Officer): |
Upon the application of and upon reading the affidavit of filed on , and upon hearing , the following orders are made: |
1. | The interest of in the immovable property specified in the Schedule herein be attached and taken in execution to satisfy the judgment of the abovenamed dated . |
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2. | (State costs orders given by the Court.) |
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| | | | | | | | | | | Whole or part lot (if part lot, to state approved new lot number or strata lot number) |
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| (**If title document is a lease, to cancel the Vol No. and Fol No. and simply state the Lease No.) |
Note: | This order shall, unless registered under any written law relating to such immovable property, remain in force for 6 months from the date hereof. |
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# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | | | | | | | SUMMONS FOR APPOINTMENT OF RECEIVER |
| | To: the defendant (and others) (and his solicitors) |
Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): |
1. A receiver be appointed (or that (name of specific receiver) be appointed receiver) in this action to receive the rents, profits and moneys receivable in respect of the interest of the defendant in the following property, namely, (describe the property) in or towards satisfaction of the moneys and interest due to the plaintiff under the judgment (or order) in this action dated ; and |
2. Costs of this application be . |
Grounds of application: (To set out grounds) or (As set out in the affidavit of [name]). |
Issued by: (Solicitors for the ). |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | | | | | | | (For Registrar’s Appeal, Title as in Action) |
District Court Appeal/Civil Appeal No. of 20 . |
| | In the matter of No. of 20 . |
Take notice that an appeal has been filed by the abovenamed plaintiff (or defendant) to the (*District Judge in Chambers/Judge in High Court in Chambers/High Court/Court of Appeal). |
The appeal is against the decision (to specify the whole or part of the decision, in an appeal to the High Court or Court of Appeal) of the (*Registrar of the Subordinate Courts/Registrar of the Supreme Court/Magistrate in Chambers/District Judge in Chambers/ Magistrate/District Judge/Justice/Judicial Commissioner) (name) given on , as follows: |
Issued by: (Solicitors for the ). |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | | | | | | | SUMMONS TO REMOVE SOLICITOR FROM RECORD |
| | To: (name of party whose solicitor has ceased to act) |
Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): |
1. | (Name of solicitor who has ceased to act) ceases to be the solicitor acting for (name of party whose solicitor has ceased to act), plaintiff (or defendant) (or as may be) in this action (or matter); and |
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2. | Costs of this application be . |
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Grounds of application: (To set out grounds) or (As set out in the affidavit of [name]). |
Issued by: (Solicitors for the ). |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | | | | | | | NOTICE OF CEASING TO ACT AS SOLICITOR |
| | To: The Registrar and the (plaintiff/defendant (name) or his solicitors) |
Take notice that the following solicitor has ceased to act — |
Name of solicitor ceasing to act: |
Party for whom the solicitor has ceased to act: |
Address for service of the party for whom the solicitor has ceased to act: (last known address of the plaintiff or defendant, if acting in person, or the principal or registered address of the plaintiff or defendant if a body corporate). |
Issued by: (Solicitors for the ). |
| | | | | | | | | | | | SUMMONS FOR WITHDRAWAL OF SOLICITOR |
| | To: (name of party whose solicitor is withdrawing) |
Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): |
1. | (Name of solicitor withdrawing) ceases to be the solicitor acting for (name of party represented by that solicitor), the plaintiff (or defendant) (or as may be) in this action (or matter) upon compliance with the requirements of Order 64, Rule 5(1) of the Rules of Court; and |
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2. | Costs of this application be . |
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Grounds of application: (To set out grounds) or (As set out in the affidavit of [name]). |
Issued by: (Solicitors for the ). |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | | | | | | | CERTIFICATE UNDER THE RECIPROCAL ENFORCEMENT OF COMMONWEALTH JUDGMENTS ACT (CHAPTER 264) |
| | I, , Registrar of the Supreme Court of the Republic of Singapore, hereby certify that the judgment, a certified copy of which is annexed, was obtained by the plaintiff (or defendant) against the defendant (or plaintiff) in this action on (date) for payment of the sum of $ and $ for costs, and carries interest at the rate of % per annum calculated on the said sums of $ and $ from the date of the said judgment until payment. |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | | | | | | | CERTIFICATE UNDER THE RECIPROCAL ENFORCEMENT OF FOREIGN JUDGMENTS ACT (CHAPTER 265) |
| | I, , Registrar of the Supreme Court of the Republic of Singapore, hereby certify that — |
1. The writ of summons (or as may be), a copy of which is annexed, was issued out of the Registry of the Supreme Court on (date) by the abovenamed plaintiff against the abovenamed defendant, for payment of the sum of $ in respect of (state shortly nature of claim or ground of action); |
2. The said writ was duly served on (date), upon the said defendant (state mode of service) (that the said defendant duly appeared to the said writ on (date)); |
3. The said plaintiff obtained judgment against the said defendant, a certified copy of which is annexed, for payment of the sum of $ in respect of (state shortly nature of claim or terms of judgment), together with the sum of $ for costs; |
4. The said judgment was obtained (state grounds on which judgment was based); |
5. The said judgment carries interest at the rate of % per annum calculated on the said sums of $ and $ from the date of the said judgment until payment; |
6. (No) objection has been made to the jurisdiction of the Court (on the grounds that ); and |
7. The pleadings in the action consisted of: |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | | | | | | | ORIGINATING SUMMONS FOR ADOPTION |
| | IN THE HIGH COURT/SUBORDINATE COURTS OF THE REPUBLIC OF SINGAPORE |
In the Matter of the Adoption of Children Act (Chapter 4) |
In the Matter of (to be called ), an infant. |
(a) | The Director of Social Welfare be appointed as the guardian in adoption of the infant, (original name of infant) to be called . |
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(b) | The consent of the following persons be dispensed with: |
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(c) | The service of the Originating Summons, Notice to Hear Originating Summons and all subsequent documents filed in these proceedings on the following persons be dispensed with: |
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| | (d) | [Where the child is born in Singapore] |
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| The applicant(s) be authorised to adopt the said infant, (original name of infant) to be called born on , which date is identical with the entry numbered and made on in the Register of Births for the Republic of Singapore. |
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| [Where the child is born outside Singapore] |
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| The applicant(s) be authorised to adopt the infant, (original name of infant) to be called born on . |
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(e) | The applicant(s) pay(s) the cost of these proceedings to the Director of Social Welfare. |
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(f) | (To specify if any other orders sought.) |
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| | 3. | A copy of the affidavit and Adoption Statement in support of this application is filed together with the Originating Summons. |
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*This summons is taken out by , solicitor for the abovenamed applicants whose address is . |
[If applicant is unrepresented] |
*This summons is taken out by the abovenamed applicant who resides at [and if applicant does not reside within the jurisdiction] and whose address for service is (to state address in Singapore). |
| | | | | | | | | | | | CONSENT TO ADOPTION ORDER AND DISPENSATION OF SERVICE OF DOCUMENTS |
| | I (We), , of (and of ) being (the parent of the abovenamed infant) (or guardian of the abovenamed infant) (or the person having actual custody of the abovenamed infant) (or a person liable to contribute to the support of the abovenamed infant) state as follows: |
1. I (We) understand the nature and effect of the adoption order which is applied for in these proceedings and that in particular I (we) understand that the effect of the order will be to permanently deprive me (us) of my (our) parental rights. |
2. I (We) hereby consent to the making of an adoption order in favour of the Applicant(s). |
3. I (We) consent to the dispensation of service of the Originating Summons, Request for Further Hearing of Originating Summons and all other subsequent documents filed in these proceedings on me (us). |
| | | | | | | | | | | | | | Advocate and Solicitor (or Commissioner for Oaths). |
| | | | | | | | | | | | REQUEST FOR FURTHER HEARING OF ORIGINATING SUMMONS |
| | (a) | [Where child is born in Singapore] |
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| The Applicant(s) be authorised to adopt the said infant, (original name of infant) to be called born on , which date is identical with the entry numbered and made on in the Register of Births for the Republic of Singapore; |
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| [Where child is born outside Singapore] |
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| The Applicant(s) be authorised to adopt the infant, (original name of infant) to be called born on . |
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(b) | The Applicant(s) pay(s) the costs of these proceedings to the Director of Social Welfare. |
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(c) | (To specify if any other orders sought.) |
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3. | The grounds of the application are set out in the affidavit(s) filed in support of this application. |
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4. | Party/Parties* to be served with this summons: (e.g. natural parents) |
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# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | | | | | | | | | 1. | Parties present at the hearing: |
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(a) | Male/Female applicant(s)*: |
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(b) | Applicant(s)’s solicitor*: |
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(c) | Natural mother/father*: |
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(d) | Natural mother’s/father’s solicitor*: |
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(e) | Guardian in adoption (name of Child Welfare Officer)*: |
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2. | Orders made pending the final determination of the Originating Summons: |
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(a) | The Applicant(s) shall have the custody of the said infant for (duration of interim adoption order) with effect from (date of commencement of probationary period). |
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(b) | The Applicant(s) shall be subject to the supervision of and who shall be at liberty at all reasonable times to visit and interview the infant alone and to make all necessary inquiries as to the comfort and well-being of the infant. |
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(c) | The guardian in adoption shall submit to the Court a further affidavit to report on the interim adoption order by (submission of date of report). |
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(d) | This order shall be reviewed on (date of review). |
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(f) | Any of the parties including the guardian in adoption of the said infant may apply to the Court for further orders. |
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(g) | (To specify if any other orders given.) |
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# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | | | | | | | | | (Order where child is born in Singapore) |
1. | Parties present at the hearing: |
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(a) | Male/Female applicant(s)*: |
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(b) | Applicant(s)’s solicitor*: |
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(c) | Natural mother/father*: |
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(d) | Natural mother’s/father’s solicitor*: |
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(e) | Guardian in adoption (name of Child Welfare Officer)*: |
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(a) | The Applicant(s) be authorised to adopt the said infant (original name of infant) to be called born on , which date is identical with the entry numbered and made on in the Register of Births for the Republic of Singapore. |
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(b) | The Applicant(s) pay(s) the costs of these proceedings to the Director of Social Welfare. |
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(c) | (To specify if any other orders given.) |
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# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | | | | | | | | | | | (Order where child is born outside Singapore) |
1. | Parties present at the hearing: |
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(a) | Male/Female applicant(s)*: |
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(b) | Applicant(s)’s solicitor*: |
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(c) | Natural mother/father*: |
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(d) | Natural mother’s/father’s solicitor*: |
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(e) | Guardian in adoption (name of Child Welfare Officer)*: |
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(a) | The Applicant(s) be authorised to adopt the said infant (original name of infant) to be called born on . |
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(b) | The Applicant(s) pay(s) the costs of these proceedings to the Director of Social Welfare. |
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(c) | (To specify if any other order given.) |
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# This form requires sealing by the Court and the signature of the Registrar. |
| | | | 2. | Date and country of birth of child: |
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3. | Name and surname of child: |
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5. | Name and surname, address and occupation of adopter or adopters: |
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6. | Date of adoption order and description of Court by which made: |
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8. | Signature of officer deputed by Registrar-General to effect the entry: |
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| | | | | | | | | | | | | | 1. | Parties present at the hearing: |
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(a) | Applicant(s)’s solicitor: |
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(b) | Natural mother’s/father’s* solicitor: |
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(c) | Guardian in adoption (name of Child Welfare Officer): |
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2. | Orders made: (To specify orders given). |
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# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | | | | | | | | | 2. | Order(s) sought: (Set out orders applied for.) |
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3. | Grounds of application: (Choose one of the following.) |
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(a) | The grounds of the application are set out in the affidavit(s)/consent(s)* filed in support of this application. |
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(b) | The grounds of the application are set out herein. |
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4. | Party/Parties* to be served with this summons: |
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5. | Consent*: I/We* consent to this summons. |
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Signature: (Signature of consenting party.) |
Name: (Name of solicitor for party consenting to this summons/ If in person, name of party consenting to this summons.) |
This summons is taken out by: (To state name and party taking out this summons.) |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | | | | | | | | | Upon the application of the plaintiff in this action and upon reading the affidavit of filed on and upon hearing : |
You are directed to arrest the ship of the port of (and the cargo now or lately laden therein, together with the freight due for the transportation thereof) or (and the freight due for the transportation of the cargo now or lately laden therein) and to keep the ship under safe arrest until you shall receive further orders. |
The plaintiff’s claim is for (copy from the writ). |
Taken out by solicitors for the . |
Sheriff’s endorsement as to service. |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | | | | | | | | | (Description of property giving name, if a ship). |
We, of , solicitors for of hereby file a caveat against the arrest of (description of property giving name, if a ship) and hereby undertake to enter an appearance in any action that may be begun in the High Court against the said and, within 3 days after receiving notice that such an action has been begun, to give bail in the action in a sum not exceeding dollars or to pay that sum into Court. We consent that the writ of summons and any other document in the action may be left for us at . |
Issued by: (Solicitors for the ). |
| | | | | | | | | | | | | | Upon the application of the plaintiff in this action and upon reading the affidavit of filed on (date) and upon hearing : |
Whereas in this action you were directed to arrest the and to keep the same under safe arrest until you should receive further orders. Now you are directed to release the said from the arrest effected by virtue of the warrant in this action. |
Taken out by solicitors for the . |
On (date), the was released from arrest pursuant to this Instrument. |
| | | | | | | | | | | | CAVEAT AGAINST RELEASE AND PAYMENT |
| | We, of , solicitors for of hereby file a caveat against the issue of a release with respect to (description of property giving name, if a ship) now under arrest and, should the said property be sold by order of the Court, a caveat against payment out of Court of the proceeds of sale. |
Issued by: (Solicitors for the ). |
| | | | | | | | | | | | | | We withdraw the caveat as follows: |
Issued by: (Solicitors for the ). |
| | | | | | | | | | | | STATEMENT FOR PROBATE OR ADMINISTRATION |
| | IN THE HIGH COURT/SUBORDINATE COURTS OF THE REPUBLIC OF SINGAPORE |
In the Matter of the Probate and Administration Act (Chapter 251) |
In the Estate of deceased |
In the matter of an Application by (names of Applicant(s)) |
| | | | | | 1. who resided at died on the day of 20 at domiciled in had at the time of his death property within the jurisdiction of this Court. |
2. The whole of the estate and effects of the deceased, movable and immovable, within the jurisdiction exclusive of what the deceased was possessed of or entitled to as a Trustee for any other person or persons and not beneficially, but without deducting anything on account of the debts due or owing from him, does/does not exceed in value $3 million to the best of the Applicant’s knowledge, information and belief. |
| | 3. The Applicant believes the paper writing hereto exhibited and a certified true copy of which is annexed hereto marked “A” to be a copy of the true and original Last Will and Testament (with Codicil thereto) of the said deceased. |
4. The Applicant is the sole executor (or one of the executors) named in the said Will ( of , the other executor therein named died on the day of or on the day of by instrument duly signed renounced probate and execution of the said Will). |
| | | | | | 1. who resided at died on the day of 20 at domiciled in had at the time of his death property within the jurisdiction of this Court. |
| | 2. The whole of the estate and effects of the deceased, movable and immovable, within the jurisdiction exclusive of what the deceased was possessed of or entitled to as a Trustee for any other person or persons and not beneficially, but without deducting anything on account of the debts due or owing from the deceased, does/does not exceed in value $3 million to the best of the Applicant’s knowledge, information and belief. |
3. The said deceased, who was a (1) citizen and a (2) died intestate (3) leaving him surviving (4) . |
4. The Applicant is the (5) . |
5. of and of has (or have) a prior right to the Applicant being (6) and of has (or have) an equal right to the Originating Summons being (6) but he on the day of 20 , by writing signed by renounced such right. |
6. There is minority (or life) interest in the estate of the said (7) . |
7. (The Applicant desires that of (8) be appointed co-administrator with him of the estate of the said deceased. The consent in writing of the said so to be appointed is hereto annexed). |
| | | | | | (c) | Administration with Will. |
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In place of paragraph 4 of the Statement in Form 172(a) proceed: |
| | 1. The Testator did not in his said Will name any executor (or the executor named in the said Will died on the day of or has renounced probate and execution thereof), and the Applicant is the (state relationship, if any) of the said deceased, and the residuary legatee or one of the residuary legatees named in the said Will or the Testator (died a widower or bachelor (if so) and) did not in his said Will name any executor or residuary legatee and the Applicant is the (as in Order 71, Rule 5(5)). |
| | | | | | (d) | For Administration — Unadministered estate. |
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As in (b) above inserting the following paragraph after paragraph 3 of the Statement in Form 172(b): |
On the day of 20 , Letters of Administration of the estate of the said deceased were granted to the said as the lawful of the said deceased; but he died on the day of 20 leaving (part of) the estate unadministered. |
| | | | | | (e) | Administration by a trust company. |
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Proceed as in (b) above down to paragraph 3 thereof inclusive; then proceed: |
1. The Applicant, , is a Trust Company licensed under the Trust Companies Act (Chapter 336) and having its registered office at . |
2. The Applicant company has by writing filed herewith been authorised by the (5) to apply for Letters of Administration of the estate of the said . |
3. of has a prior and (or) of has an equal right to the said to Letters of Administration being (state relationship) but he on the day of 20 by writing signed by him renounced such right. |
4. There is a (or no) minority and a (or) life interest in the estate of the said namely (set out the minority and life interest, stating the name, age and interest of each minor entitled). |
5. The Applicant company by a resolution of their board of directors, a copy whereof under the Seal of the Applicant company is filed herewith, have authorised an officer of the Applicant company to make and sign this Statement and to make, swear and sign the Affidavit in support of the Originating Summons on their behalf. |
Note: | In an Application for probate where there is one executor or executrix only named in the Will, he or she should be described as the sole executor or the sole executrix and in an Application for Letters of Administration all persons entitled to any part of the estate should be disclosed. |
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| | (1) | State country e.g. Singapore, Malaysia. |
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(2) | Religion e.g. Christian, Buddhist, Hindu, Muslim (if a Muslim state Madzhab to which he belonged). |
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(3) | A widower, widow, spinster or bachelor. |
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(4) | His only or one of the lawful widows (or her lawful husband) and state the next-of-kin (in case of children state name, sex, and age or date of birth). |
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(5) | Descriptions to be used where the person applying for Letters of Administration is: |
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| | | | “the lawful widow” or, if the deceased was of a religion allowing polygamy, as “the only lawful widow” or “one of the lawful widows” as the case may be; |
| | | | | | | | “the lawful father and next-of-kin”; |
| | | | “the lawful mother and next-of-kin” or “the lawful mother and only next-of-kin”; |
| | | | “the lawful and only child and only next-of-kin” or “one of the lawful children and next-of-kin”; |
| | | | | | | | “the lawful sister”; the brother or sister shall further be described as “one of the next-of-kin” or the “only next-of-kin”; |
| | | | “the lawful nephew” and “one of the” or “only next-of-kin”; |
| | | | “the lawful niece” and “one of the” or “only next-of-kin”; if a brother or sister is living and the nephew or niece being the child of a brother or sister of the intestate who died in his lifetime applies for administration, he or she shall be described as “one of the persons entitled in distribution to the estate and effects of the deceased”; |
| | | | grandchild, cousin, etc., shall be described as “lawful” and “one of the next-of-kin” or “only next-of-kin”. |
| | (7) | Set out the minority or life interest stating the name, age and interest of each minor entitled. |
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(8) | State relationship, if any, to deceased. |
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(9) | Set out the capacity of the Applicant as in (5) above, or as may be. |
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| | | | | | (f) | For Resealing (in the High Court). |
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1. late of deceased died on the day of 20 , and had at the time of his death his ordinary or principal domicile in (or without any known domicile or without any fixed domicile or as may be). |
2. The said deceased died intestate and Letters of Administration of his estate and effects of which a true copy is hereunto annexed were duly granted to the Applicant (or to of ) by the (name of Court). |
(Or 2. | The said deceased duly executed his Last Will and Testament dated the day of 20 , and Probate thereof, of which a true copy is hereunto annexed, was duly granted to the Applicant the executor thereof (or to of the executor thereof) by the (name of Court).) |
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(Or 2. | The said deceased duly executed his Last Will and Testament dated the day of 20 , and Letters of Administration with such Will and Testament annexed thereto, of which Letters and Will a true copy is hereunto annexed, were duly granted to the Applicant (or to of ) by the (name of Court).) |
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| | 3. The said deceased resided or carried on (or did not reside or carry on) business in Singapore at any time within 12 months next before his death. |
4. So far as the Applicant is aware there are (or no) debts due from the estate of the said deceased to creditors residing in Singapore. |
5. The said deceased died possessed of certain property in Singapore, namely: |
6. The Applicant has been duly authorised by the said by power of attorney dated the day of 20 which has been deposited in the Supreme Court at Singapore under the provisions of section 48 of the Conveyancing and Law of Property Act (Chapter 61) to make this application on his behalf. |
| | | | | | (g) | Probate as in (a) above, for remaining executor(s) where more than one executor. |
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1. who resided at died on the day of 20 at domiciled in had at the time of his death property within the jurisdiction of this Court. |
2. The whole of the estate and effects of the deceased, movable and immovable, within the jurisdiction exclusive of what the deceased was possessed of or entitled to as a Trustee for any other person or persons and not beneficially, but without deducting anything on account of the debts due or owing from him, does/does not exceed in value $3 million to the best of the Applicant’s knowledge, information and belief. |
3. The Applicant believes the paper writing hereto exhibited and a certified true copy of which is annexed hereto marked “A” to be a copy of the true and original Last Will and Testament (with Codicil thereto) of the said deceased. |
4. On the day of Probate of the estate and effects of the said deceased was granted to as of the executors named in the said Will in Probate No. of 20 leave being reserved to the other executor(s) therein named to come in and prove the same. |
5. The Applicant(s) is/are the other executor(s) named in the said Will of , deceased. |
| | | | | | | | | | | | CERTIFICATE OF RESULTS OF CAVEAT AND PROBATE APPLICATION SEARCHES |
| | (Title as in Form 172 or as may be) |
A search of the probate record of caveats has been carried out immediately prior to the filing of this originating summons and there are no caveats in respect of the captioned estate. |
A search of the probate record of caveats has been carried out and the following caveat(s) is/are found against the captioned estate: |
A search of the record of probate applications has been carried out immediately prior to the filing of this originating summons and there are no probate applications in respect of the captioned estate. |
A search of the record of probate applications has been carried out and the following application(s) is/are found against the captioned estate: |
(Party type/Solicitors for the (party type)) |
| | | | | | | | | | | | | | BE IT KNOWN that at the date hereunder-written the Last Will and Testament (with codicils if such is the case) (a copy whereof is hereunto annexed) of late of deceased who died on the day of 20 at , was proved before this Court, and that Administration of all and singular the movable and immovable property of the estate and effects was committed and granted by this Court to sole executor (or one of the executors or as the case may be) named in the said Will he (or they) being first sworn well and faithfully to administer the same, by paying the just debts of the deceased and the legacies contained in his Will (or will and codicils) and to render a just and true account thereof whenever lawfully required. |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | (b) | Of Letters of Administration. |
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BE IT KNOWN that at the date hereunder-written Letters of Administration of all and singular the movable and immovable property estate and effects of late of deceased who died on the day of 20 , were committed and granted to (insert the name and character in which the Grant is taken) he having been first sworn well and faithfully to administer the same by paying the just debts of the deceased and distributing the residue of his property according to law and to render a just and true account of his administration whenever lawfully required. |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | (c) | Of Letters of Administration for unadministered estate. |
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BE IT KNOWN that late of deceased died intestate on the day of 20 , Letters of Administration of all and singular his movable and immovable property estate and effects were committed and granted by the High Court/Subordinate Courts to (insert the name and character in which the Grant was taken) who after taking such administration intermeddled in the property of the said deceased and afterwards died on the day of 20 , leaving part thereof unadministered and that on the day of 20 , Letters of Administration of the said property so left unadministered were granted by this Court to (insert the name and character in which Grant was taken) he having been first sworn well and faithfully to administer the same by paying the just debts of the said intestate and distributing the residue of such his property according to law and to render a just and true account of his administration whenever lawfully required. |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | (d) | Of Letters of Administration for unadministered estate with will annexed. |
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BE IT KNOWN that the Last Will and Testament (a copy whereof is hereunto annexed) of late of deceased, was on the day of 20 proved in the High Court/Subordinate Courts and Probate thereof was granted to the Executor (or one of the executors) named therein who after taking such Probate died leaving the administration of the estate of the deceased incomplete and without having by his will appointed any executor thereto and be it further known that on the day of 20 Letters of Administration with the said will annexed of all and singular the movable and immovable property estate and effects of the deceased and left unadministered as aforesaid were committed and granted by this Court to (insert the name and character in which the Grant was taken) he having been first sworn well and faithfully to administer the same according to the said will and to pay the just debts of the said deceased, and the legacies in the said will contained as far as the said property of the deceased shall extend and the law requires and to render a just and true account thereof when lawfully required. |
| | # This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | As in (b) above inserting after “granted to ” the duly constituted attorney of (one of the lawful children and next-of-kin of the said deceased or as may be) for the use and benefit of the said until he shall obtain a grant of Letters of Administration to himself. |
| | | | | | As in (b) above inserting after “granted to ” as the legal guardian of the lawful infant children and next-of-kin of the said deceased, limited until one of the said infants shall obtain a grant to himself. |
| | | | | | BE IT KNOWN that at the day of 20 the Last Will and Testament (with codicil(s) if such is the case) (a copy whereof is hereto annexed) of late of deceased who died on the day of 20 at was proved before this Court, and that Administration of all and singular the movable and immovable property of the estate and effects was committed and granted by this Court to as of the executors named in the said Will he/she/they having been first sworn well and faithfully to administer the same by paying the just debts of the deceased and the legacies contained in the said Will (and codicil(s)) and to render a just and true account thereof whenever lawfully required, power being reserved of making the like grant to the other executor(s) named in the said Will. |
And be it further known that at the date hereunder-written the said Will of the said deceased (with codicil(s) hereto)(a copy whereof is hereunto annexed) was also proved in this Court, and that the like administration of all and singular the movable and immovable property of the said deceased was committed and granted by this Court to the other executor(s) named in the said Will he/she/they having been first duly sworn well and faithfully to administer the same, by paying the just debts of the said deceased and the legacies contained in the said Will (and codicil(s)) and to render a just and true account thereof whenever lawfully required. |
| | # This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | | | | | | | | | (Title as in Form 172 or as may be) |
Let no grant be sealed in the estate of late of deceased, who died on the day of 20 at without notice to of having interest as (here describe the nature of the interest). |
| | | Caveator (or Solicitor for the Caveator) |
| | My address for service is . |
| | | | | | | | | | | | | | (Title as in Form 172 or as may be) |
You are hereby warned within 8 days after service hereof upon you to file a notice of appearance in Form 180 either in person or by your solicitor at the Registry of the Supreme Court/Subordinate Courts: |
(1) | setting forth what interest you have in the estate of the abovenamed of deceased, contrary to that of the party at whose instance this warning is issued; or |
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(2) | setting forth your brief grounds if you have no contrary interest but wish to show cause against the sealing of a grant to such party. |
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And take notice that in default of your so doing the Court may proceed to issue a grant of probate or administration in the said estate notwithstanding your caveat. |
Issued by: (Set out the name and interest including the date of the will, if any, under which the interest arises) of the party warning, (the name of his solicitor and the address for service). (If the party warning is acting in person, this must be stated.) |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | | | | | | | APPEARANCE TO WARNING OR CITATION |
| | To: The Registrar and the person warning (or citor) |
Appearance is entered for the following party in this matter — |
Appearing party type: Caveator (or person cited) |
Appearing party’s contact details: |
For an appearance to warning |
Appearance is entered in respect of the following warning to caveator — |
in respect of the estate of , deceased |
of (address of deceased). |
Contact details of person warning: |
Appearing party is claiming an interest contrary to that of the person warning (or showing cause against the making of a grant to the person warning). |
(To state particulars of contrary interest or brief grounds for showing cause.) |
| | For an appearance to citation |
Appearance is entered in respect of the following citation — |
in respect of the estate of , deceased |
of (address of deceased). |
Contact details of the citor: |
Issued by: (Solicitors for the ). |
| | | | | | | | | | | | | | (Title as in Form 172 or as may be) |
(a) | Citation by brother to father to accept or refuse Administration. |
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Whereas it appears by an affidavit of filed the day of 20 that of died there on the day of 20 a bachelor without a mother and intestate, leaving you, his natural and lawful father and next-of-kin: |
And whereas it also appears that is the natural and lawful brother of the said deceased, and the natural and lawful son of you : |
Now this is to require you, the said that, within 8 days after service hereof, you do cause an appearance to be entered by you in the Registry of the Supreme Court/Subordinate Courts, and accept or refuse Letters of Administration of the estate of the said deceased or show cause why the same should not be granted to the said . |
And take notice that in default of your so appearing and accepting and extracting the said Letters of Administration the Court will proceed in the premises according to law, your absence notwithstanding. |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | (b) | Citation to accept or refuse Probate. |
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Whereas it appears by the affidavit of filed the day of 20 that, of , deceased, died on the day of 20 , at having made and duly executed his Last Will and Testament bearing date (and now remaining in the Registry) and therein appointed you, the said , the sole executor (or sole executor and residuary legatee and devisee or as may be): |
| | And whereas it further appears by the said affidavit that the said is a creditor (or a legatee named in the said will or as may be): |
Now this is to require you, the said , that, within 8 days after the service hereof, you do cause an appearance to be entered by you in the Registry of the Supreme Court/Subordinate Courts, and accept or refuse probate and execution of the said will (or as may be) of the said deceased, or show cause why the same should not be granted to the said as creditor of the said deceased (or as may be): |
And take notice that in default of your so appearing and accepting and extracting the said probate of the said will the Court will proceed in the premises according to law, your absence notwithstanding. |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | (c) | Citation to bring in Probate (Another Will set up). |
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Whereas it appears by an affidavit of filed the day of 20 that probate of the alleged Last Will and Testament of of , deceased, was, on the day of 20 granted to you by the Court: |
And whereas it is alleged in the said affidavit that the said deceased made and duly executed his Last Will and Testament, dated the day of 20 , and thereof appointed the said , executor (or as may be) and that the said probate ought to be called in, revoked, and declared null and void at law: |
Now this is to require you, the said that, within 8 days after service hereof on you, you do bring into and leave in the Registry of the Supreme Court/Subordinate Courts, the aforesaid probate in order that the said may proceed in due course of law for the revocation of the same. |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | (d) | Citation to bring in Probate (Intestacy alleged). |
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Whereas it appears by the affidavit of , filed the day of 20 that probate of the alleged Last Will and Testament of of , deceased, was on the day of 20 , granted to you by the Court, and that the said deceased died a bachelor, leaving the said , his natural and lawful father and next-of-kin: |
And whereas it is alleged in the said affidavit that the said deceased died intestate, and that the said probate ought to be called in, revoked, and declared null and void at law: |
Now this is to require you, the said that, within 8 days after service hereof on you, you do bring into and leave in the Registry of the Supreme Court/Subordinate Courts, the aforesaid probate in order that the said may proceed in due course of law for the revocation of the same. |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | (e) | Citation to bring in Letters of Administration (Will set up). |
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Whereas it appears by the affidavit of , filed the day of 20 , that Letters of Administration of all the estate and effects of of , deceased, were, on the day of 20 , granted to you by the Court: |
And whereas it is alleged in the said affidavit that the said deceased made and duly executed his Last Will and Testament, dated the day of 20 , and thereof appointed the said , executor (or as may be), and that the said Letters of Administration ought to be called in, revoked and declared null and void at law: |
Now this is to require you, the said , that, within 8 days after service hereof on you, you do bring into and leave in the Registry of the Supreme Court/Subordinate Courts, the aforesaid Letters of Administration in order that the said may proceed in due course of law for the revocation of the same. |
| | # This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | (f) | Citation to bring in Letters of Administration (Administrator alleged not to be entitled). |
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Whereas it appears by the affidavit of , filed the day of 20 , that Letters of Administration of all the estate and effects of of , deceased, were, on the day of 20 , granted to you by the Court, as the natural and lawful brother and one of the next-of-kin of the said deceased: |
And whereas it is alleged in the said affidavit that you are not one of the next-of-kin of the said deceased, and that is the said lawful son and only next-of-kin (or as may be) and that the said Letters of Administration ought to be called in, revoked, and declared null and void in law: |
Now this is to require you, the said , that, within 8 days after service hereof on you, you do bring into and leave in the Registry of the Supreme Court/Subordinate Courts, the aforesaid Letters of Administration in order that the said may proceed in due course of law for the revocation of the same. |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | (g) | Citation to see proceedings. |
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Whereas it appears by the affidavit of , filed the day of 20 , that there is now pending in the Court, Probate suit entitled and another against , No. of 20 , wherein the plaintiffs are proceeding to prove in solemn form of law the alleged Last Will and Testament, dated the day of 20 , at . |
| | And whereas it further appears by the said affidavit that you are the natural and lawful and one of the next-of-kin of the said deceased (or a legatee under the alleged will, dated or as may be). |
Now this is to give notice to you, the said , to appear in the said suit either personally or by your solicitor, should you think it for your interest so to do, at any time during the dependence of the said suit and before final judgment shall be given therein. |
And take notice that, in default of your so doing, the said Court will proceed to hear the said will proved in solemn form of law and pronounce judgment in the said suit, your absence notwithstanding. |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | (h) | Citation against executor who has intermeddled. |
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Whereas it appears by the affidavit of , filed the day of 20 that, of , deceased, died on the day of 20 at having made and duly executed his Last Will and Testament bearing date (and now remaining in the Registry) and therein appointed you, the said , the sole executor (or sole executor and residuary legatee and devisee or as may be): |
And whereas it is alleged in the said affidavit that you the said have intermeddled in the estate of the said deceased: |
Now this is to require you, the said that, within 8 days after service hereof on you, you do cause an appearance to be entered by you in the Registry of the Supreme Court/Subordinate Courts and show cause why you should not be ordered to take probate of the said will under pain of the law and contempt thereof. |
And take notice that in default of your so appearing and complying with the requirements of this citation the Court will proceed in the premises according to law, your absence notwithstanding. |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | (i) | Citation to propound a Will. |
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Whereas it appears by the affidavit of filed the day of 20 that of died on the day of 20 at , intestate a widower leaving the said , his lawful son the only person entitled to his estate: |
And whereas it is alleged in the said affidavit that the said deceased left a certain paper writing dated the day of , 20 , purporting to be a will wherein he appointed you the said sole executor (or sole executor and residuary legatee and devisee or as may be): |
Now this is to require you, the said that, within 8 days after service hereof on you, you do propound the said will or paper writing should you think it in your interest to do so. |
And take notice that in default of your complying with the requirements of this citation the Court will proceed to grant Letters of Administration of the said estate to the said , your absence notwithstanding. |
# This form requires sealing by the Court and the signature of the Registrar. |
| | | | | | | | | | | | REQUEST4 FOR HEARING DATES/ FURTHER HEARING DATES |
| | Request for the matter to be fixed for hearing/further hearing* before: Judge/Registrar* |
Number of hearing/further hearing* days requested: days |
Number of hearing days previously expended: days |
Issued by: (Solicitors for the ). |
(*Delete as appropriate). |
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