Category Archive Legal Advice Blog

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9 IMPORTANT RULES of LETTER OF ADMINISTRATION or DISTRIBUTION IN INTESTACY

INTESTACY  OR LETTER OF ADMINISTRATION SCENARIO

Many people are confused about the term “ Intestacy”  and “Letter of Administration” which actually refers to the same scenario namely a situation which occurs when anyone dies without making a Will to dispose off the beneficial interest in all his property.

 

Intestacy can be total or partial intestacy.

Total intestacy can occur when a person  have a will but the will is invalid or he has never made any will.

Partial intestacy occurs when the deceased dispose of part of the beneficial interest in his property by will but his will did not dispose all the other assets that belong to him which can occur when the gift fails and there is no residuary clause in the will.

 

Rules for Distribution in Intestacy or Letter of Administration scenario

What happens in intestacy ? Well, firstly your property would  be left to your next of kin in accordance with the Intestate Succession Act, Cap 146 (IS Act) which means that certain people whom you want to benefit from your estate may not be able to do so if they do not fall within  the IS Act Rules for Distribution as shown below and secondly you cannot choose  the person of your choice to help you to collect and distribute your assets.

 

Rules for distribution-section 7 of the Intestate Succession Act

 

In effecting such distribution, the following rules shall be observed:

Rule 1

   If an intestate dies leaving a surviving spouse, no issue and no parent, the spouse shall be entitled to the whole of the estate.

Rule 2

   If an intestate dies leaving a surviving spouse and issue, the spouse shall be entitled to one-half of the estate.

Rule 3

   Subject to the rights of the surviving spouse, if any, the estate (both as to the undistributed portion and the reversionary interest) of an intestate who leaves issue shall be distributed by equal portions per stirpes to and amongst the children of the person dying intestate and such persons as legally represent those children, in case any of those children be then dead.
   Proviso No. (1) — The persons who legally represent the children of an intestate are their descendants and not their next-of-kin.
   Proviso No. (2) — Descendants of the intestate to the remotest degree stand in the place of their parent or other ancestor, and take according to their stocks the share which he or she would have taken.

Rule 4

If an intestate dies leaving a surviving spouse and no issue but a parent or parents, the spouse shall be entitled to one-half of the estate and the parent or parents to the other half of the estate.

Rule 5

   If there are no descendants, the parent or parents of the intestate shall take the estate, in equal portions if there be 2 parents, subject to the rights of the surviving spouse (if any) as provided in rule 4.

Rule 6

   If there are no surviving spouse, descendants or parents, the brothers and sisters and children of deceased brothers or sisters of the intestate shall share the estate in equal portions between the brothers and sisters and the children of any deceased brother or sister shall take according to their stocks the share which the deceased brother or sister would have taken.

Rule 7

   If there are no surviving spouse, descendants, parents, brothers and sisters or children of such brothers and sisters but grandparents of the intestate, the grandparents shall take the whole of the estate in equal portions.

Rule 8

   If there are no surviving spouse, descendants, parents, brothers and sisters or their children or grandparents but uncles and aunts of the intestate, the uncles and aunts shall take the whole of the estate in equal portions.

Rule 9

   In default of distribution under rules 1 to 8, the Government shall be entitled to the whole of the estate.

 

For further queries, kindly please contact us:

Raymond Lim & Co. – Location @

#03-40 People Park Center
101 Upper Cross Street
Singapore 058357
Mobile: 9760 7060
Tel: 6222 1004
Fax: 6222 1648

Main E-mail  : RaymondLimCo@yahoo.com.sg 
Other E-mail : RaymondLimWeiFeng@gmail.com

Our websites:

 

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DIFFERENCES IN LEGAL FEES FOR UNCONTESTED, CONSENT & CONTESTED DIVORCE CASES

Are you currently facing marital problems with your spouse and you have already tried very hard to salvage the marriage with the other side?

However, both of you are still not able to reach a solution to resolve your marital differences with the other side. Usually it is advisable for you to invite the other side to consider engaging a marriage counselor to help each other to reconcile the marital differences and avoid a divorce as divorce can be a traumatizing experience.

However, if after having exhausted the many avenues to try to reconcile the differences with the other side and both side realise that it is impossible to carry on living together, then sometimes it is not a bad thing to consider divorce as an option to free each other from an unhappy marriage so that both sides can move on with their lives and be friends to work together on other issues after the divorce especially if both parties already have children in the marriage.

If you are embarking on filing divorce proceeding to dissolve the unhappy marriage with your spouse, it is advisable firstly to consider the following:

  1. Whether you can discuss with the other spouse to work out amicable prior settlement to achieve an uncontested divorce or consent divorce before one party proceeds to engage a lawyer to prepare the necessary court papers to file the divorce proceeding with the Singapore Family Justice Court.

OR

2.If you are facing the other spouse who is unwilling or hostile to even have a prior discussion on the issues involving the care arrangement of the children, the financial issues of maintenance and division of matrimonial assets acquired by both parties from the time of marriage which invariable means that your divorce case is likely to become an contested divorce case.

 

WHAT IS AN UNCONTESTED OR CONSENT DIVORCE?

An uncontested or consent divorce means a situation where you and your spouse not only wants to end the marriage but also agree on the ancillary issues like care arrangement of the children, the financial issues of maintenance for wife and children and division of matrimonial house and other assets jointly acquired by both parties from the time of the marriage before one of the party engaging a lawyer to prepare the divorce documentation work to be submitted to the court.

 

FIXED FEE FOR UNCONTESTED OR CONSENT DIVORCE

If you are looking for a divorce lawyer within your budget, then you are strongly advised to consider whether you can talk to your spouse to explore the possibility of reaching an agreement to divorce and the ancillary issues so that both parties can proceed with an uncontested or consent divorce.

This is because the cost of divorce in Singapore is much cheaper for uncontested or consent  divorce as compared to a contested divorce.

Most lawyers in Singapore will charge a fixed fee structure for uncontested or consent divorce because the lawyers are able to assess in advance the amount of work and documents to prepare as compared to contested divorce where it is not possible to estimate in advance the amount of work and documents to be done. This is because the duration and intensity of the amount of work and documents needed to be done for contested divorce is dependable on how and what the other spouse does.

The fixed fee for uncontested or consent divorce should be nett fees and include the lawyer fees for preparing the divorce forms and settlement agreement terms, consultation time required by lawyers to interview client to collect the necessary datas to prepare the court papers,  court filing fees, commissioning fees, bankruptcy search fees, photocopying and other miscellaneous fees .

There are different fixed fees for different types of uncontested or consent divorce for example, cases where couple do not have children and property would be most affordable. Cases involving property and children would require filing of additional documents like Parenting and Property Plan with the court and writing letters to HDB or CPF Board  on issues involving the agreed transfer of one spouse’s CPF monies or waiver of CPF monies refund for one party’s transfer of the share of the house to other spouse.

 

WHAT IS A CONTESTED DIVORCE?

An contested divorce means a situation where you and your spouse are not able to sit down to have a prior agreement on the issues of divorce, care arrangement of the children, division of the matrimonial house and assets.

This scenario of contested divorce can occur because one spouse refuses to talk to you about settling the issues or one spouse has committed an secret adulterous affair and it is not generally advisable to approach this spouse to discuss the prospect of divorce without compromising the private investigator actions to gather evidence of this spouse alleged adulterous affair.

 

WHAT IS THE FEES FOR CONTESTED DIVORCE?

Usually most divorce lawyers in Singapore would not fix the fees for contested divorce where both parties are not able to reach an agreement or the case are complex.

The standard practice is to bill on an hourly basis based  on the experience of the lawyer who does the work, time spent on  court attendance, mediation meeting in the court negotiating with the other side, drafting court documents as required by the case or making urgent sub applications like interim maintenance, custody, care and control of the child, access for one party to see the child.

Besides the lawyer fees, there are also court filing fees and disbursements (for things like photocopying).

For this kind of contested divorce, you can discuss with your lawyer to give an estimate of the fee structure or a cost budget so as to spend within the budget that you can afford to. Such fee structure or cost budget can range from between $10,000 to $30,000.

 

OUR UNCONTESTED OR CONSENT DIVORCE FEE STRUCTURE

At Raymond Lim & Co, our fixed fees for an Uncontested Divorce are in the range from $1,200 to $2,600.

Our Fees for an Uncontested Divorce will includes all our legal fees, filing and court fees and involves the following work:

– preparing divorce papers.

–  preparing your settlement terms (if any).

– filing the divorce papers for  uncontested divorce hearing.

– applying to the court to issue  your Interim Judgment ( temporary divorce certificate)  and Final Judgment (final divorce certificate)

 

OUR CONTESTED DIVORCE FEE STRUCTURE

If you and your spouse are not able to  reach any agreement as to the divorce  or if you and your spouse have  complex issues which are not able to be settled in the beginning and required the assistance of the Court and legal process, please contact us for a free phone consultation.

At the consultation, we will be able to advise you an estimate of the legal fees and some advice to prepare for an contested divorce.

 

Raymond Lim & Co. – Location @

#03-40 People Park Center
101 Upper Cross Street
Singapore 058357
Mobile: 9760 7060
Tel: 6222 1004
Fax: 6222 1648

Main E-mail  : RaymondLimCo@yahoo.com.sg 
Other E-mail : RaymondLimWeiFeng@gmail.com

Our websites:

 

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PART 3 of 3 (FINAL PART) – ADMINISTATION OF HDB FLAT UPON DEATH OF SOLE LESSEE OWNER

There are serious consequences imposed by HDB if the next-of-kin do not either obtain the Grant of Letter of Administration or Probate or carry out a transmission /transfer/ disposal of the flat  as the flat may be vested in the HDB if :

  1. Letter of Administration/Probate is not taken out within 12 months from the dath of the sole lessee or tenant-in-common;
  2. The personal representatives do not apply for a transmission /transfer of the flat within 6 months from the date of representation;
  3. The executor/administrator do not apply for a transfer of the flat to the eligible beneficiaries or disposal of the flat (if there is no one eligible to take over the flat) within 12 months from the completion date of the transmission.

These are the actions that you should take namely as follows:

  1. If the co-lessee under joint tenancy of the HDB flat passed away, the family should inform the HDB branch officer managing the flat and the HDB Branch officer will advise the family of the procedure to lodge the Notice of Death to transfer the ownership of the flat to the other surviving co-owner.
  2. If the sole lessee or co-lessee under the tenancy-in-common passed away, the deceased’s family must find a private lawyer to apply to the Court for the Grant of Letter of Administration (if the deceased did not leave a Will) or Grant of Probate (if there is a Will).
  3. If you are appointed under the Grant of Letter of Administration or Grant of Probate as the administrator or executor, you have to go to the HDB branch officer managing the flat to vest the flat in your name as administrator/executor in your fiduciary capacity known as “transmission”. You need to bring along the following documents namely as follows :
  4. Original Summons for the Grant of Letter of Administration or Grant of Probate;
  5. Engross Grant of Letter of Administration/Probate;
  • Engross Schedule of Asset usually attached to the engross Grant of Letter of Administration /Probate;
  1. Syriah Court Inheritance Certificate (for Muslim estate);
  2. Duplicate Lease of the flat (if any);
  3. Original copy of the death certificate of the deceased;and
  • Identity Card.

 

  1. Once the flat is vested in the name of the administrator/executor, you can apply to transfer the flat to the beneficiaries as owners but subject to HDB eligibility rules. You may need to ask the HDB branch office for a transfer application form and to submit to the branch office managing the flat.

 

  1. You can do the transmission and transfer of the flat at the same time.

 

  1. What if the beneficiaries are not eligible to take over the flat from the administrator/executor. The only way for the administrator/executor is to sell the flat. However, one has to check if the deceased has a Will or no Will to see if the administrator /executor can sell or not sell the flat. The Will of the deceased must provide for a power of sale for the administrator to sell the flat before the administrator can sell the flat. If there is no power of sale in the Will, then the administrator/executor has to apply to the Court for an Order of Court to sell the flat. If there is no Will, the Administrator may proceed to sell the flat as long as the deceased has not passed away for more than 6 years. An order of Court is required before the flat may be sold where the deceased has passed away for more than 6 years.

 

Raymond Lim & Co. – Location @

#03-40 People Park Center
101 Upper Cross Street
Singapore 058357
Mobile: 9760 7060
Tel: 6222 1004
Fax: 6222 1648

Main E-mail  : RaymondLimCo@yahoo.com.sg 
Other E-mail : RaymondLimWeiFeng@gmail.com

Our websites:

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PART 2 of 3 – ADMINISTATION OF HDB FLAT UPON DEATH OF SOLE LESSEE OWNER

In the scenario of the deceased owner is holding the HDB flat as a tenant-in-common or sole lessee, then the next-of-kin of the deceased owner would be required by HDB to engage a private lawyer to apply to the Court for the Grant of Letter of Administration (if lessee did not leave a Will) or Grant of Letter of Administration (if there is a Will) within a year from the death of the lessee.  This is because the HDB requires the deceased’s next-of-kin to be appointed by the Court to administer the deceased lessee’s HDB flat and other property.

However, if the deceased owner has passed away for more than a year and the next-of-kin of the deceased have not apply to court for either the Grant of Letter of Administration or Grant  of Probate, then the next-of-kin need to appoint  a private lawyer urgently to make application for the said Grants with the Court and also to write to request the HDB for extension of time for the next-of-kin of the deceased owner to obtain the said Grants.

Such a person who administer the deceased’s estate and distribute the said estate among the respective beneficiaries is called a personal representative.  The personal representative is called an “executor” if he is the person appointed by the deceased in his or her Will to administer and distribute the property among the beneficiaries. If the deceased did not leave a Will, the personal representative is known as “administrator”.

Usually upon the death of the sole lessee or tenant-in common of a HDB flat, the HDB require the personal representative of the deceased lessee’s estate to apply to the Court for either the Grant of Letter of Administration or Grant of Probate.

The Grant of Letter of Administration or Grant of Probate are Court Orders which give legal authority to the administrator or executor to administer the deceased’s estate.

Upon obtaining the Grant of Letter of Administration / Grant of Probate, the personal representative will need to go the HDB branch office to vest the deceased’s HDB flat in his name as administrator/executor of the estate, a process called transmission within 6 months from the date of obtaining the Grant of Letter of Administration/Grant of Probate.  The personal representative will also need to apply for the transfer of the flat to the eligible beneficiaries as owner or disposal of the flat usually by sale (if there is no one eligible to take over the flat) within 1 year from the date of transmission of the deceased’s flat to the executor/administrator.

To be continue in Part 3 of 3. Please watch out for the final part of the article.

Raymond Lim & Co. – Location @

#03-40 People Park Center
101 Upper Cross Street
Singapore 058357
Mobile: 9760 7060
Tel: 6222 1004
Fax: 6222 1648

Main E-mail  : RaymondLimCo@yahoo.com.sg 
Other E-mail : RaymondLimWeiFeng@gmail.com

Our websites:

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PART 1 of 3 – ADMINISTATION OF HDB FLAT UPON DEATH OF SOLE LESSEE OWNER

We have frequently come across clients making inquiries about HDB directing them to apply through lawyers to the Court for Grant of Letter of Administration when their deceased parent  holding the  HDB flat as sole lessee owner.

If there are two co-owners who are holding the HDB flat as joint tenants, then if one of the co-owner passed away leaving behind a surviving co-owner, then there is no need for the Administrator or Executors to apply for Grant of Letter of Administration to administer the HDB flat. This is because the deceased co-owner’s share in the flat will pass to the surviving joint owner upon his death (even if he or she has made a Will).

If the deceased owner is holding the HDB flat as a tenant-in-common or sole lessee,  the beneficiaries named in his or her Will (if any) or as set out in the Intestate Succession Act (no Will) will be entitled to his share in the flat.

For Muslim estates, the Syriah Court Inheritance Certificate will usually set out the beneficiaries entitled to inherit the deceased’s estate.

To be continue in Part 2 of 3. Please watch out for the second part of the article.

By Raymond Lim, Dedicated Divorce Lawyer & Professional La

 Raymond Lim & Co. – Location @

#03-40 People Park Center
101 Upper Cross Street
Singapore 058357
Mobile: 9760 7060
Tel: 6222 1004
Fax: 6222 1648

Main E-mail  : RaymondLimCo@yahoo.com.sg 
Other E-mail : RaymondLimWeiFeng@gmail.com

Our websites:

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What is the difference between Grant of Probate and Letter of Administration?

 


What is Letter of Administration?

When a person passes away without having written a Will in his/her life time, then the next of kin will need to apply to the Court for a Court Order called Letter of Administration to authorise the next of kin to collect the person’s assets and distribute the assets according to the intestacy law in Singapore.

 

What is Grant of Probate?

If the person has done a Will, then his/her Will will state who is the executor, the one appointed to distribute the Deceased’s assets. In such a case, the executor will have to apply to the Court for a Court Order called Grant of Probate to authorise the next of kin to collect the person’s assets and distribute the assets as set out in the Will.

In both cases, the Applicant will need to submit the Deceased’s death certificate, next of kin’s NRIC and an inventory list of Deceased’s assets to us to draft the court application papers for either the Letter of Administration or Grant of Probate.

 

For further enquiries, 

Call 6222 1004 Now  or Click here to get FREE Consultation with our Lawyer, Raymond Lim.

请马上拨电话 6222 1004点击这里现在获取和我们的律师,Raymond Lim免费咨询。

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What is the procedure for Change of Name or Deed Poll?

Deed Poll or Change of Name


What is Deed Poll?

A deed poll is a legal document that expresses an active intention. Deed Poll for change of name, including ethnic name, (if any).

 

How to get Change of Name or Deed Poll done?

Mostly importantly, you have to prepare and provide the details of change of name (including chinese name if any) for the Deed Poll.
Your New Name
Your Old Name
Current NRIC No.
Home Address

With the information above, you make an appointment with Raymond Lim & Co. to come to our office by PHONE CALL (+65-6222 1004) or EMAIL (raymondlimco@yahoo.com.sg) or SMS (+65-97607060).

Next you can either EMAIL (raymondlimco@yahoo.com.sg) or SMS (+65-97607060) the above detail as requested for the Deed Poll (Change of Name) execution.

Bring along original NRIC and scanned copies of your NRIC (front and back) before your appointment to shorten the process. But you can still fill up the form and send in your documents on the day itself of the appointment.

During the appointment day, you'll be asked to sign the deed poll in the presence of our lawyer. Raymond Lim.

 

How long will it take?

It should take less than 24 hours from the time you submit the following requested information below via EMAIL (raymondlimco@yahoo.com.sg) or SMS (+65-9760 7060) to Raymond Lim & Co. to allow us to prepare the Deed Poll for you sign at our office during the appointment date with our Deed Poll lawyer, Raymond Lim.

Your New Name
Your Old Name
Current NRIC No.
Home Address
if you have submitted the requested documents abovementioned prior to your appointment date with our lawyer, Raymond Lim.

 

How much does it cost?

Our Deed Poll rate is S$90.

 

What do I have to do next?

After the Deed Poll is completed, you have to make an appointment and register or update your new name at ICA (Immigration and Check Point Authority Singapore) and to get a new NRIC.

At the same time, you have inform the employer, banks, telcos and others regarding your new change of name in your new NRIC.

 

Call 6222 1004 Now or Click here to get FREE Consultation with our Lawyer, Raymond Lim.

请马上拨电话 6222 1004 或点击这里现在获取和我们的律师,Raymond Lim免费咨询。

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What is the purpose for Letter of Administration?

DISTRIBUTION OF A DECEASED PERSON ASSETS TO THE NEXT-OF-KIN OF THE DECEASED


If you have a next-of-kin who suddenly passed away and the bank or insurance companies will only release this next of kin’s monies in the bank account or insurance proceeds upon production of a court order called either GRANT OF PROBATE OR GRANT OF LETTER OF ADMINISTRATION, then you are looking into the need to apply to the Court to issue these two court orders.

Or imagine a scenario where your next-of-kin or loved one is the sole owner of the HDB flat and HDB require you being the next of kin of the deceased to produce the GRANT OF PROBATE or GRANT OF LETTER OF ADMINISTRATION in order for you to either sell the flat to prospective purchaser or to do a transfer of the flat ownership to either the next-of-kin or the person that your demise next-of-kin want to give to.

If a deceased person have done a Will – a document providing for the appointment of a person called the Executor to collect and distribute his or her assets to the loved ones that this deceased person wishes to give to, then the Executor should engage a lawyer to apply to the Singapore Family Justice Courts to issue a Court Order called Grant of Probate.

If a deceased person have not done a Will which means he or she did not provide in writing as to who should receive his or her assets, then the next-of-kin of the deceased called the Administrator should engage a lawyer to apply to the Singapore Family Justice Courts to issue a Court Order called Grant of Letter of Administration.

For further enquiries, 

Call 6222 1004 Now  or Click here to get FREE Consultation with our Lawyer, Raymond Lim.

请马上拨电话 6222 1004点击这里现在获取和我们的律师,Raymond Lim免费咨询。

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What is a Letter of Administration in Singapore?

WHAT IS A LETTER OF ADMINISTRATION IN SINGAPORE?


When a person passes away without having written a Will in his/her life time, then the next of kin called the Administrator will need to apply to the Court for a Court Order called Grant of Letter of Administration to authorise the next of kin to collect the person’s assets and distribute the assets according to the intestacy law in Singapore. The Administrator will be the person who engage lawyer to apply to the Singapore Family Justice Court to issue this Court Order called Grant of Letter of Administration.

If the demise person is a single person, the Administrator will be usually be the parent who will apply for the Grant of Letter of Administration where the Administrator will collect the assets of the deceased and distribute equally among the father and mother of the deceased.

If the demise person is a married person, the Administrator will usually be the wife of this demise person who will collect the assets of the deceased and distribute equally among the wife and children of the deceased.

If the demise person is a widow or widower whose spouse has already passed away before he or her, then the eldest child will usually be the Administrator who will collect the assets of the deceased and distribute equally among the children of the deceased.

However, if the eldest child of the deceased is not willing to be the Administrator to apply for the Grant of Letter of Administration, then he or she will need to sign a Court Form called Renunciation of right to be Administrator to assign this right to be administrator to the next relative who is eligible to succeed him or her to be the Administrator.

For further enquiries, 

Call 6222 1004 Now  or Click here to get FREE Consultation with our Lawyer, Raymond Lim.

请马上拨电话 6222 1004点击这里现在获取和我们的律师,Raymond Lim免费咨询。

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About Probate in Singapore

ABOUT GRANT OF PROBATE IN SINGAPORE


If the person has done a Will, then his/her Will will state who is the executor, the one appointed to distribute the Deceased’s assets. In such a case, the executor will have to apply to the Court for a Court Order called Grant of Probate to authorise the next of kin to collect the person’s assets and distribute the assets as set out in the Will. statement to the Court that they did witnesses the deceased signed the will.

You need to submit the original Will through your lawyer to the Singapore Probate Registry for verification when applying for the Grant of Probate. The Will must be signed by the deceased person in the presence of 2 witnesses. If the will is prepared by law firm, then the 2 witnesses will usually be coming from the law firm. However, there are cases where I do come across the deceased had signed the will in the presence of 2 friends or next-of-kin, then make sure that you can contact these 2 witnesses to provide a statement to the Court that they did witnesses the deceased signed the will.

For further enquiries, 

Call 6222 1004 Now  or Click here to get FREE Consultation with our Lawyer, Raymond Lim.

请马上拨电话 6222 1004点击这里现在获取和我们的律师,Raymond Lim免费咨询。