Family Justice (Probate and Other Matters) Rules 2024

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Table of Contents

Enacting Formula

Part 1 GENERAL

1 Citation and commencement (P. 1, r. 1)

2 Transitional provisions and application (P. 1, r. 2)

3 General definitions (P. 1, r. 3)

4 Practice directions (P. 1, r. 4)

Part 2 OVERVIEW

1 Purpose of this Part (P. 2, r. 1)

2 Commencement and service of action (P. 2, r. 2)

3 Notice of intention to contest or not contest claim (P. 2, r. 3)

4 Defence or affidavit and challenge to jurisdiction (P. 2, r. 4)

5 Case conference (P. 2, r. 5)

6 Conduct of case conference (P. 2, r. 6)

7 Directions for defence or affidavit on merits (P. 2, r. 7)

8 Affidavits of evidence-in-chief (P. 2, r. 8)

9 Applications in pending proceedings (P. 2, r. 9)

10 Appeals in applications (P. 2, r. 10)

11 Directions for trial or hearing (P. 2, r. 11)

12 Appeals after trial or hearing (P. 2, r. 12)

13 Costs (P. 2, r. 13)

14 Enforcement (P. 2, r. 14)

15 Flowchart (P. 2, r. 15)

Part 3 GENERAL MATTERS

1 Ideals (P. 3, r. 1)

2 Judge-led approach to achieve Ideals (P. 3, r. 2)

3 Hearings (P. 3, r. 3)

4 Jurisdiction and powers of Registrar (P. 3, r. 4)

5 General powers of Court (P. 3, r. 5)

6 Calculation of time (P. 3, r. 6)

7 Extension or shortening of time (P. 3, r. 7)

8 Inspection of court documents (P. 3, r. 8)

9 Judgment in proceedings heard in private (P. 3, r. 9)

10 Applications to Court in an action (P. 3, r. 10)

11 Applications relating to orders under section 11A of Family Justice Act 2014 (P. 3, r. 11)

12 Forms (P. 3, r. 12)

13 Language of documents (P. 3, r. 13)

14 Use of foreign documents under Apostille Convention or Civil Procedure Convention (P. 3, r. 14)

15 Amendment of documents in proceedings (P. 3, r. 15)

16 Amendment of judgments and orders (P. 3, r. 16)

17 Methods of hearing (P. 3, r. 17)

18 Instalment payments (P. 3, r. 18)

Part 4 PARTIES TO PROCEEDINGS AND CAUSES OF ACTION

1 Parties to proceedings in own name (P. 4, r. 1)

2 Representation by litigation representative (P. 4, r. 2)

3 Representation by solicitor, etc. (P. 4, r. 3)

4 Representation of estates (P. 4, r. 4)

5 Representation of beneficiaries by trustees, etc. (P. 4, r. 5)

6 Representation of deceased person interested in proceedings (P. 4, r. 6)

7 Representation of parties who die or become bankrupt (P. 4, r. 7)

8 Representative proceedings (P. 4, r. 8)

9 Notice of action for non-parties (P. 4, r. 9)

10 Claim for declaration without other relief (P. 4, r. 10)

11 Appointment, change and discharge of solicitor (P. 4, r. 11)

12 Withdrawal of solicitor who has ceased to act for party (P. 4, r. 12)

Part 5 AMICABLE RESOLUTION OF CASES

1 Duty to consider amicable resolution of disputes (P. 5, r. 1)

2 Terms of amicable resolution (P. 5, r. 2)

3 Powers of Court (P. 5, r. 3)

4 Additional powers of Court in certain cases (P. 5, r. 4)

Part 6 NON-CONTENTIOUS PROBATE PROCEEDINGS

1 Definitions of this Part (P. 6, r. 1)

2 Duty of Registrar on receiving application for grant (P. 6, r. 2)

3 Application for grant (P. 6, r. 3)

4 Grant in additional name (P. 6, r. 4)

5 Engrossments for purposes of record (P. 6, r. 5)

6 Evidence as to due execution of will (P. 6, r. 6)

7 Execution of will of blind or illiterate testator (P. 6, r. 7)

8 Evidence as to terms, conditions and date of execution of will (P. 6, r. 8)

9 Attempted revocation of will (P. 6, r. 9)

10 Affidavit as to due execution, terms, etc., of will (P. 6, r. 10)

11 Wills not proved under section 6 of Wills Act 1838 (P. 6, r. 11)

12 Wills of persons on military service and seamen (P. 6, r. 12)

13 Evidence of foreign law (P. 6, r. 13)

14 Order of priority for grant where deceased left will (P. 6, r. 14)

15 Grants to attesting witnesses, etc. (P. 6, r. 15)

16 Order of priority for grant in case of intestacy (P. 6, r. 16)

17 Additional personal representatives (P. 6, r. 17)

18 Grants where 2 or more persons entitled in same degree (P. 6, r. 18)

19 Exceptions to rules as to priority (P. 6, r. 19)

20 Right of assignee to grant (P. 6, r. 20)

21 Grants to persons having expectation of succession (P. 6, r. 21)

22 Grants where deceased died domiciled outside Singapore (P. 6, r. 22)

23 Grants to attorneys (P. 6, r. 23)

24 Grants on behalf of infants (P. 6, r. 24)

25 Grants where infant is co-executor (P. 6, r. 25)

26 Grants in case of lack of mental capacity (P. 6, r. 26)

27 Grants to trust corporations and other corporate bodies (P. 6, r. 27)

28 Renunciation of probate and administration (P. 6, r. 28)

29 Notice to Attorney-General of intended application for grant (P. 6, r. 29)

30 Administration oath (P. 6, r. 30)

31 Administration bonds (P. 6, r. 31)

32 Forms of grants (P. 6, r. 32)

33 Amendment and revocation of grant (P. 6, r. 33)

34 Caveats (P. 6, r. 34)

35 Contested matters (P. 6, r. 35)

36 Notice of commencement of probate action (P. 6, r. 36)

37 Effect of caveat, etc., upon commencement of probate action (P. 6, r. 37)

38 Citations (P. 6, r. 38)

39 Citation to accept or refuse or to take grant (P. 6, r. 39)

40 Citation to propound will (P. 6, r. 40)

41 Address for service (P. 6, r. 41)

42 Application for order to bring in will or to attend for examination (P. 6, r. 42)

43 Applications in respect of copies of wills (P. 6, r. 43)

44 Issue of copies of will, etc. (P. 6, r. 44)

45 Inspection, etc., of original will or other testamentary documents (P. 6, r. 45)

46 Resealing (P. 6, r. 46)

Part 7 CONTENTIOUS PROBATE PROCEEDINGS

1 Definition of this Part (P. 7, r. 1)

2 Requirements in connection with issue of originating claim (P. 7, r. 2)

3 Service of originating claim out of jurisdiction (P. 7, r. 3)

4 Intervener in probate action (P. 7, r. 4)

5 Notice of action (P. 7, r. 5)

6 Filing of notice of intention to contest or not contest (P. 7, r. 6)

7 Revocation of existing grant (P. 7, r. 7)

8 Affidavit of testamentary scripts (P. 7, r. 8)

9 Default of notice of intention to contest or not contest (P. 7, r. 9)

10 Service of statement of claim (P. 7, r. 10)

11 Service of defence (P. 7, r. 11)

12 Counterclaim (P. 7, r. 12)

13 Contents of pleadings (P. 7, r. 13)

14 Default of pleadings (P. 7, r. 14)

15 No summary judgment (P. 7, r. 15)

16 Discontinuance or dismissal (P. 7, r. 16)

17 Settlement of action (P. 7, r. 17)

18 Application to Court by summons (P. 7, r. 18)

19 Single application pending trial (P. 7, r. 19)

20 Form of judgments and order (P. 7, r. 20)

21 Administration pending trial (P. 7, r. 21)

22 Examination of administrator’s account (P. 7, r. 22)

Part 8 INHERITANCE (FAMILY PROVISION) ACT 1966

1 Definition of this Part (P. 8, r. 1)

2 Powers of Courts as to parties (P. 8, r. 2)

3 Supporting affidavit (P. 8, r. 3)

4 Applications in proceedings under section 3 (P. 8, r. 4)

5 Endorsement of memorandum on probate, etc. (P. 8, r. 5)

Part 9 LEGITIMACY ACT 1934

1 Definition of this Part (P. 9, r. 1)

2 Commencement of proceedings (P. 9, r. 2)

3 Parties to proceedings (P. 9, r. 3)

4 Supporting affidavit (P. 9, r. 4)

5 Service of application on Attorney-General (P. 9, r. 5)

6 Subsequent applications (P. 9, r. 6)

Part 10 WILLS ACT 1838

1 Definitions of this Part (P. 10, r. 1)

2 Rectification of will (P. 10, r. 2)

3 Endorsement of memorandum on probate, etc. (P. 10, r. 3)

Part 11 DISABILITY

1 Definitions of this Part (P. 11, r. 1)

2 Person under disability must sue, etc., by litigation representative (P. 11, r. 2)

3 Appointment of litigation representative (P. 11, r. 3)

4 Permission to begin and contest action required (P. 11, r. 4)

5 Appointment of litigation representative where person under disability does not file and serve notice of intention to contest or not contest (P. 11, r. 5)

6 Admission not to be implied from pleading of person under disability (P. 11, r. 6)

7 Production of documents (P. 11, r. 7)

8 Compromise, etc., by person under disability (P. 11, r. 8)

9 Approval of settlement (P. 11, r. 9)

10 Control of money recovered by person under disability (P. 11, r. 10)

11 Proceedings under Civil Law Act 1909: Apportionment by Court (P. 11, r. 11)

12 Service of certain documents on person under disability (P. 11, r. 12)

Part 12 APPEALS FROM APPLICATIONS IN ACTIONS, REGISTRAR’S DECISIONS AND TRIALS OF ORIGINATING APPLICATION BY DISTRICT JUDGE OR MAGISTRATE

1 Scope of this Part (P. 12, r. 1)

2 General matters and structure of this Part (P. 12, r. 2)

3 When time for appeal starts to run (P. 12, r. 3)

4 One appeal for each application (P. 12, r. 4)

5 Permission to intervene (P. 12, r. 5)

6 Stay of enforcement, etc. (P. 12, r. 6)

7 Appeal to be heard in chambers (P. 12, r. 7)

8 Powers of appellate Court (P. 12, r. 8)

9 Absence of parties (P. 12, r. 9)

10 Appellate intervention only if substantial injustice (P. 12, r. 10)

11 Expedited appeal (P. 12, r. 11)

12 Withdrawal of appeal or application (P. 12, r. 12)

13 Consent judgment or order (P. 12, r. 13)

14 Judgment (P. 12, r. 14)

15 Bringing of appeal (P. 12, r. 15)

16 Documents to be filed (P. 12, r. 16)

17 Bringing of appeal (P. 12, r. 17)

18 Further arguments before District Judge or Magistrate (P. 12, r. 18)

19 Permission to appeal (P. 12, r. 19)

20 Security for costs (P. 12, r. 20)

21 Documents to be filed (P. 12, r. 21)

22 Payment out of security for costs and release of undertaking (P. 12, r. 22)

23 Enforcement of judgments or orders which have been subject matter of appeal (P. 12, r. 23)

24 Bringing of appeal (P. 12, r. 24)

25 Documents to be filed (P. 12, r. 25)

Part 13 APPEALS FROM JUDGMENTS AND ORDERS AFTER TRIAL

1 Scope and application of this Part (P. 13, r. 1)

2 Definitions of this Part (P. 13, r. 2)

3 When time to appeal starts to run (P. 13, r. 3)

4 Bringing of appeal (P. 13, r. 4)

5 Permission to appeal (P. 13, r. 5)

6 Permission to intervene (P. 13, r. 6)

7 Stay of enforcement, etc. (P. 13, r. 7)

8 Security for costs (P. 13, r. 8)

9 Documents to be filed (P. 13, r. 9)

10 Appellant’s Case, respondent’s Case and appellant’s Reply (P. 13, r. 10)

11 Page limits (P. 13, r. 11)

12 Powers of appellate Court (P. 13, r. 12)

13 Absence of parties (P. 13, r. 13)

14 Expedited appeal (P. 13, r. 14)

15 Withdrawal of appeal or application (P. 13, r. 15)

16 Consent judgment or order (P. 13, r. 16)

17 Judgment (P. 13, r. 17)

18 Payment out of security for costs and release of undertaking (P. 13, r. 18)

19 Further arguments (P. 13, r. 19)

20 Enforcement of judgments which have been subject matter of appeal (P. 13, r. 20)

Part 14 TRANSFER OF PROCEEDINGS

1 Applications under section 29(1) of Family Justice Act 2014 (P. 14, r. 1)

2 Applications under section 29(2) of Family Justice Act 2014 (P. 14, r. 2)

3 Notice of transfer (P. 14, r. 3)

Part 15 CONTEMPT OF COURT

1 Definitions of this Part (P. 15, r. 1)

2 Committal order for contempt of court (P. 15, r 2)

3 Application for permission of Court (P. 15, r. 3)

4 Application for committal order after permission of Court granted (P. 15, r. 4)

5 Power to commit without application (P. 15, r. 5)

6 Transfer to Family Division (P. 15, r. 6)

7 Provisions as to hearing (P. 15, r. 7)

8 Power to suspend execution of committal order (P. 15, r. 8)

9 Discharge of committal respondent (P. 15, r. 9)

10 Saving for other powers (P. 15, r. 10)

11 Form of committal order (P. 15, r. 11)

12 Order to arrest committal respondent (P. 15, r. 12)

13 Bailiff may engage auxiliary police officer or other security agency (P. 15, r. 13)

Part 16 COSTS

1 Definitions and general matters of this Part (P. 16, r. 1)

2 Powers of Court (P. 16, r. 2)

3 Entitlement to costs and assessment of costs (P. 16, r. 3)

4 Adverse costs orders against successful party (P. 16, r. 4)

5 Adverse costs orders against non-party (P. 16, r. 5)

6 Adverse costs orders against solicitor (P. 16, r. 6)

7 Costs for litigant not legally represented (P. 16, r. 7)

8 Solicitor representing party who lacks capacity (P. 16, r. 8)

9 When party may sign judgment for costs without order (P. 16, r. 9)

10 Fixed costs (P. 16, r. 10)

11 Powers of Registrar to assess costs (P. 16, r. 11)

12 Supplementary powers of Registrar (P. 16, r. 12)

13 Costs of assessment proceedings (P. 16, r. 13)

14 Interim certificates (P. 16, r. 14)

15 Power of Registrar where party liable to be paid and to pay costs (P. 16, r. 15)

16 Assessment of bill of costs comprised in account (P. 16, r. 16)

17 Mode of beginning proceedings for assessment (P. 16, r. 17)

18 Notification of time appointed for assessment (P. 16, r. 18)

19 Delivery of bills, etc. (P. 16, r. 19)

20 Form of bill of costs (P. 16, r. 20)

21 Powers of Registrar assessing costs payable out of fund (P. 16, r. 21)

22 Basis of assessment (P. 16, r. 22)

23 Costs payable to solicitor by his or her own client (P. 16, r. 23)

24 Costs payable to trustee out of trust fund, etc. (P. 16, r. 24)

25 Remuneration of trustees and personal representatives (P. 16, r. 25)

26 Assessment of remuneration (P. 16, r. 26)

27 Certificate (P. 16, r. 27)

28 Certificate of Registrar to be conclusive unless set aside (P. 16, r. 28)

29 Application to Judge for review (P. 16, r. 29)

30 Review of Registrar’s decision by Judge (P. 16, r. 30)

31 Interest on costs (P. 16, r. 31)

Appendix 1

Part 17 COURT FEES

1 Definitions of this Part (P. 17, r. 1)

2 Court fees (P. 17, r. 2)

3 Court powers relating to court fees (P. 17, r. 3)

4 Refund of fees paid for unused documents (P. 17, r. 4)

Part 18 LODGMENT IN COURT, MONEY IN REGISTRY AND PAYMENT TO BAILIFF

1 Definitions of this Part (P. 18, r. 1)

2 Payment into Court under Trustees Act 1967 (P. 18, r. 2)

3 Notice of lodgment (P. 18, r. 3)

4 Funds how lodged (P. 18, r. 4)

5 Crediting lodgment and dividends (P. 18, r. 5)

6 Interest on money lodged in Court (P. 18, r. 6)

7 Computation of interest (P. 18, r. 7)

8 Payment out of funds in Court (P. 18, r. 8)

9 Name of payee to be stated in order (P. 18, r. 9)

10 Payment out on death of payee (P. 18, r. 10)

11 Transfer of investment of funds in Court (P. 18, r. 11)

12 Accountant-General to give certificate of funds in Court (P. 18, r. 12)

13 Publication of list of funds in Court (P. 18, r. 13)

14 Unclaimed funds in Court with Accountant‑General (P. 18, r. 14)

15 Bailiff to keep account (P. 18, r. 15)

16 How money paid to bailiff (P. 18, r. 16)

17 Payment under judgment or order (P. 18, r. 17)

18 Proof before payment out (P. 18, r. 18)

19 Where money due to Government under any law (P. 18, r. 19)

20 Method of payments by bailiff (P. 18, r. 20)

21 Instalments ledger (P. 18, r. 21)

Table of Derivations

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