Grant of Probate
When a person passes away and he/she has a Will, a Probate application has to be commenced to distribute the deceased's estate as per their wishes in their Will.
When a person who has a Will passes, the beneficiaries will need the Executor to apply for “Grant of Probate”. The Executor is the person assigned by the Deceased to responsibly administer the estate or properties. However, the Executor will have to tender the relevant documents, including the Will, to be recognized by the Court to administer the Deceased’s Will.
The Executor has to be rigid and unbiased to execute the Deceased’s Will. The Executor will have to find the total value of the Deceased assets before paying off their debts (taxes, credit card debts, loans etc) and distributing the remainder with strict accordance to the instructions set out by the Deceased in their Will.
Letter of Administration
When a person passes away and he/she does NOT have a Will, the Letters of Administration will allow an administrator to distribute the deceased's estate.
The Letters of Administration is issued by the Court pursuant to an application. The Court will assign an administrator to manage and distribute the deceased's estate to the rightful heirs.
This situation normally arises when the deceased person fails to leave behind a Will. As there was no Will prepared, the Administrator will have to distribute the acquired assets in accordance to the law.
"Guide me on the Will, Wasiat and Hibah process"What is the Islamic Inheritance Law?
When a person passes away and he/she has a will, the person in the will has to apply for a grant of probate.
Muslim Singaporeans naturally abide to the laws of the Muslim Law Act. The Islamic Inheritance Law can be found under the Administration of Muslim Law Act.
Therefore, any deceased Muslim person residing in Singapore will have their inheritance (properties) administered accordingly under the Islamic Inheritance Law.
Faraidh is a section within the Islamic Law that provides guidance for the distribution of a deceased person’s estate among their heirs.
What is the Inheritance Certificate?
When a person passes away and he/she has a will, the person in the will has to apply for a grant of probate.
The Syariah Court possess the judicial power to issue Inheritance Certificates. This certificate is an essential requirement for proceedings that have been done in accordance to the Muslim Law.
Thus, the Certificate will certify and distinguish lawful heirs through their relationships to the deceased and specify each of their particular shares.
The beneficiaries need to assign a personal representative to be the administrator to rightful distribute the assets. Usually, the administrator will be the spouse or the next of kin of the deceased.
