What Is Included in a Deceased Person’s Estate?

A person’s estate can include many different types of assets, such as:

• money in bank accounts;
• houses, HDB flats and other property;
• shares and other investments;
• business interests;
• vehicles;
• valuables and personal possessions; and
• other assets owned by the deceased.

An estate includes the deceased’s assets and liabilities. Before anything is distributed, the person administering the estate should identify what the deceased owned and owed.

However, an asset does not automatically fall into the estate simply because the deceased had an interest in it.

How the asset was owned and whether a valid nomination exists, can change what happens next.

What Happens if There Is a Will?

If the deceased left a valid Will and named one or more executors, the executor(s) will usually extract a Grant of Probate from the Court.

The Grant formally recognises the executor(s)’ authority to collect and manage estate assets, pay debts and expenses, and distribute the balance according to the Will.

A Will does not always allow beneficiaries to take assets immediately. Banks and other institutions may first require the executor(s) to produce the Grant.

What Happens if There Is No Will?

A person who dies without a valid Will is said to have died intestate.

An eligible beneficiary may need to extract a Grant of Letters of Administration. Once appointed, the administrator has legal authority to manage the estate.

For a non-Muslim who was domiciled in Singapore, the estate is generally distributed under the Intestate Succession Act 1967. Muslim estates are governed by different inheritance rules.

In other words, family members cannot simply decide among themselves who should inherit. The applicable law determines the beneficiaries and their shares.

Read more: Why Everyone Should have a Will by Ms. Gloria James

What Happens if the Original Will is Misplaced or Destroyed?

If the original Will cannot be found, first check the deceased’s personal belongings, files, safe-deposit box and other places where important papers were usually kept. Ask the named executor(s), family members and any lawyer who prepared or stored the Will.

A search should also be made of the Singapore Academy of Law (SAL) Wills Registry to see whether a Will record was deposited and where the original may be held.

SAL has also introduced a Wills Repository Service. Through participating law firms, individuals can securely deposit a digital copy of their Will in addition to the Wills Registry record. This can make a copy easier to locate after death, although the original paper Will may still be required for the usual probate process.

If the original paper Will was last known to be in the testator’s possession but is missing after death, the law may presume that the testator destroyed it intending to revoke it.

This is a rebuttable presumption, sometimes described by the Latin term animo revocandi, and it can be overcome with sufficiently strong evidence.

To use a digital or printed copy instead, the executor(s) must apply to the Court under section 9 of the Probate and Administration Act 1934 to admit the copy, draft or contents of the Will to probate.

The evidence should establish that the Will was properly signed and witnessed, prove its terms, explain how the original was lost or destroyed, set out the searches and enquiries made, and show that the testator did not intend to revoke it.

Helpful evidence may include affidavits from the drafting lawyer or witnesses, a reliable copy or final draft, records showing where the original was kept, and statements or conduct showing that the deceased continued to treat the Will as valid.

If the Court is not satisfied, the copy may not be admitted and the estate may instead be administered under an earlier valid Will or the applicable intestacy rules.

What Happens if There Is a Will but the Executor(s) Are Unable or Unwilling to Act?

If no named executor(s) can or will act for example, because an executor has died, lacks capacity or has renounced probate, the appropriate application may be for letters of administration with the Will annexed. Who may apply depends on the circumstances and the priority rules.

Read more: Can an Executor of a Will Be Forced to Execute the Will by a Judge?

What Happens to Property When Someone Dies?

The key question is how the property was owned.

Property Held in Joint Tenancy

If property is held in joint tenancy, the deceased’s interest generally passes to the surviving joint owner or owners by the right of survivorship, rather than under the Will or intestacy rules.

The surviving owner should still check the administrative steps required by the relevant authority, bank or conveyancing professional, especially if there is an outstanding mortgage.

Property Held as Tenants-in-Common

The position is different if the property is held as tenants-in-common.

Each owner has a distinct share. The deceased’s share forms part of the estate and is distributed under the Will or the applicable intestacy rules.

This distinction is particularly important for HDB flats and private residential property owned with another person.

Read more: How are Assets Distributed in the Event that there is No Will?

What Happens to the Deceased’s Bank Accounts?

The bank should be notified of the account holder’s death.

What happens next depends on whether the account was held solely or jointly and on the bank’s requirements.

Some joint accounts, and some sole accounts with modest balances, may be dealt with without a Grant if the bank’s conditions are met.

For other accounts, the bank may require a Grant of Probate or Letters of Administration before releasing the money to the executor(s) or administrator(s).

What Happens to CPF Savings When Someone Dies?

CPF savings are dealt with separately from the estate and cannot be distributed through a Will.

If there is a valid CPF nomination, the covered CPF monies are distributed to the nominee or nominees in the stated proportions.

If there is no valid CPF nomination, CPF monies are generally transferred to the Public Trustee for distribution under the applicable intestacy or Muslim inheritance rules.

A CPF nomination does not cover everything connected with CPF. Property bought using CPF savings, Dependants’ Protection Scheme benefits and CPF Investment Scheme investments are handled separately.

What Happens to Investments and Insurance Policies?

Shares, investment accounts and other investments owned by the deceased should be identified and valued as part of the administration process.

CPF Investment Scheme investments generally form part of the estate. Certain insurance benefits may instead be paid directly to nominated beneficiaries.

Insurance policies should be checked individually.

Where a valid nomination applies, the insurer may pay the proceeds directly to the nominated beneficiary without requiring a Grant.

Do not assume that every insurance payout forms part of the estate: check the policy terms and nomination records.

What Happens to a Person’s Debts When They Die?

A person’s debts do not automatically disappear on death.

The executor(s) or administrator(s) must deal with the deceased’s liabilities and estate expenses before distributing the remaining assets.

Beneficiaries should therefore avoid treating estate assets as their own before the administration is complete.

The amount ultimately available for distribution may be lower than the apparent value of the assets once debts and expenses are taken into account.

Where a court application is required, the estate assets must be declared accurately in the Schedule of Assets.

When May Probate Not Be Required?

Not every estate requires a court grant.

Depending on the facts and the institution’s requirements, a Grant may not be needed for:

• some property held under joint tenancy;
• certain insurance policies with nominations;
• CPF monies; and
• certain bank accounts, depending on the bank’s requirements.

For an intestate estate worth no more than S$50,000, the Public Trustee may be able to administer qualifying assets. This is not automatic: exclusions apply, including certain disputes, debts, business interests and other types of assets.

Whether a Grant is needed depends on the particular assets, their value, how they were owned and the requirements of each institution.

When Should You Speak to an Estate Lawyer?

Estate administration can become less straightforward where:

• it is unclear whether there is a valid Will;
• the executor(s) are unwilling or unable to act;
• family members disagree about the estate;
• there are questions about who is entitled to inherit;
• the deceased owned substantial or overseas assets;
• property ownership is complicated;
• assets cannot readily be located;
• there are significant debts;
• there are competing probate applications or caveats; or
• the validity or interpretation of a Will is disputed.

Legal advice is especially useful where there is a dispute, a caveat, uncertainty about the Will, executor(s) who cannot act, overseas assets or complicated property ownership.

How GJC Law Can Help

After a death, families may need help identifying the estate assets, confirming who may act and deciding whether a Grant of Probate or Letters of Administration is required.

GJC Law’s estate lawyers assist with probate and estate administration, including applications for Grants of Probate and Letters of Administration, as well as issues arising during administration and distribution.

We also advise on more complex matters involving executors, administrators, beneficiaries, property, overseas assets and estate disputes.

Speak with GJC Law about the next steps in administering an estate in Singapore.

Frequently Asked Questions

Does every estate need probate in Singapore?

No. Whether a Grant is required depends on the assets involved. CPF monies, some nominated insurance proceeds, certain jointly owned property and some bank accounts may be dealt with without a Grant.

What happens if someone dies without a Will in Singapore?

An eligible person may need to extract a Grant of Letters of Administration. For a non-Muslim who was domiciled in Singapore, the estate is generally distributed under the Intestate Succession Act 1967.

Does CPF form part of a person’s estate?

Generally, no. CPF savings are dealt with under the CPF nomination regime rather than through a Will. A valid nomination directs covered CPF monies to the nominee or nominees; otherwise, they are generally transferred to the Public Trustee for distribution under the applicable law.

Does an HDB flat automatically form part of the estate?

Not necessarily. If the flat is held in joint tenancy, the deceased’s interest generally passes to the surviving joint owner or owners.

If it is held as tenants-in-common, the deceased’s share forms part of the estate.

Can beneficiaries take money from the estate immediately after a death?

Usually not. The estate must first be properly administered. Where a Grant is required, the executor(s) or administrator(s) use it to collect assets, pay debts and expenses, and distribute the balance.

How long does it take to obtain probate in Singapore?

There is no guaranteed timeframe. The duration depends on whether the papers are complete, the estate is straightforward and any dispute or unusual issue arises. Contested matters can take substantially longer than routine applications.

Can I administer an estate without a lawyer?

Yes, in suitable cases. A person may apply without a lawyer, and eligible sole executors may be able to use the Court’s probate eService. Legal advice may be helpful for complex, disputed or unusual estates.

What if the deceased had assets overseas?

Overseas assets may require separate grants, resealing or other procedures depending on where the assets are located. Advice may be needed in each relevant jurisdiction.

Disclaimer: This article provides general information only and does not constitute legal advice. The appropriate steps depend on the facts of each estate and the requirements in force at the relevant time.