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WHY YOU SHOULD MAKE OR UPDATE YOUR WILL & LPA IN A DIVORCE

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If you are thinking of getting a divorce, or going through one, or have completed your divorce, it is absolutely critical that you make or update your personal Will and your LPA.  This is because under your old will:

• you might have willed your assets to your ex spouse.  It is thus important that you update your will to provide for your new situation.
• you might have appointed your ex spouse to be your executor.  This gives your ex spouse the right to control your assets and estate.
• you would not have provided for your new situation now that you are divorced.

Furthermore, if you did not make a previous will, should you pass away before the divorce is finalised, your ex spouse will be entitled to a minimum of 50% of all your assets!  This is the law under the Intestate Succession Act which provides that if you did not make a will, your spouse will inherit 50% of your assets (if you have children).  Your spouse will also have the right to apply for Letter of Administration and thus gain control of your assets and estate.

So, if you are contemplating divorce, going through a divorce, or have completed your divorce, the golden rule is – make a fresh Will and LPA.

Contact us at tel 6854-5336 to enquire about our will writing services.

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Our fees for Wills and LPA:

Personal Will – $500

Lasting Power of Attorney – $300

Promotion – $590 if you do both Will & LPA together

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SINGAPORE PROBATE LAWYERS

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FIXED PROBATE FEES

Grant of Probate – $1,200

Letters of Administration – $1,500

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(GST & Disbursements not included.  Above fees are for straightforward probate cases and where assets are less than $3 million)

Probate Lawyers

Protect your loves ones by making a Will. When you make a Will, you create certainty about who will inherit your estate and who should manage it.

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Singapore Probate Lawyers – Letters of Administration

Our team of experienced and dedicated Singapore probate lawyers have extensive experience in advising and obtaining Grants of Probate (where there is a will) and Letters of Administration (where there is no will).

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What does a Singapore Probate Lawyer do?

When a person dies, someone needs to collect all his assets and distribute them to the beneficiaries.  Your Singapore Probate Lawyer will apply to court to get you a Grant of Probate (where the person dies with a will) or Letters of Administration (where the person dies without a will) to enable the rightful person to collect the deceased’s assets and to distribute them in accordance with the will or in accordance with the Intestate Succession Act.

To put it simply, the probate lawyer’s main job is to help family members to obtain a Grant of Probate (where there is a will) or Letters of Administration (where there is no will). These are simply court orders that identifies the rightful person to collect the deceased’s assets and to distribute them. As an example, if the deceased has a bank account, the bank will need to see this court order to satisfy themselves that they are dealing with the rightful party.

At PKWA Law, we usually obtain the grant of probate or letters of administration in 1 to 2 months for most cases.

Call our Family Law, Probate and Wills team at tel: 6854-5336 for any further questions.

Below you will find useful information on probate matters.

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1. What happens when a person dies and leaves behind a property that belongs to him/her?

A person, known either as an ‘executor’ or an ‘administrator’, has to be appointed by the Court to take charge of the deceased person’s property (collectively known as his ‘estate’).

If there is a will that has been made by the deceased person, it will contain details of the appointment of an ‘executor’ to take charge of the estate as appointed by the deceased person.

If there is no will made by the deceased person, an appointment of a person known as an ‘administrator’ will be appointed to take charge of the estate. This administrator is usually one of the next-of-kin of the deceased.

In order for such persons to be recognised legally as the executor or administrator of the deceased person’s estate, applications have to be made for ‘Probate’ or ‘Letters of Administration’ respectively.

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2. What is a Grant of Probate?

It is a court order authorising an executor, appointed by the deceased person under his Will, to administer his estate according to the directions contained in his Will.

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3. What are Letters of Administration?

It is a court order authorising a person(s) to administer the estate of the deceased person in accordance with the law.

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4. Who can apply for the Grant of Probate or Letters of Administration?

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 .Grant of Probate

Only the executor(s) named in the Will of the deceased may apply for the Grant of Probate.

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Letters of Administration

In the case of Letters of Administration, any of the deceased person’s family members is entitled to apply to be appointed as an administrator. However, the law gives priority to certain members of the family over others, depending on the marital status of the deceased person and his/her family’s composition.

For example, if the deceased person was single, his surviving parents will have the priority over his brothers and sisters to be the administrators; or if the deceased person was married with children, his spouse will have priority over the children to be the administrator.

The law also requires that at least 2 administrators be appointed where there are one or more minor beneficiaries. A ‘minor beneficiary’ refers to any person below 21 years of age who has a share in the estate. This is to protect the minor beneficiary’s interest in the estate.

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