The process of Citation Proceedings Probate in Singapore

Posted by Singapore Probate Lawyer on November 23rd, 2020

In case the Will has been drafted by the deceased, but the executive named in the Will is uncontactable, what can be done? If the deceased did not draft a Will, then the closest person next to him has the right to make an application for a Grant or Letter of Administration. After which, the citation proceedings probate in Singapore will begin. However, the order of priority of the person applying for a grant of letters will be from-

• The beneficiary of the deceased residuary assets

• The executor of the beneficiary (if the beneficiary is deceased)

• The beneficiary mentioned in the Will is the closest person to the deceased

• Any heir closest to the deceased

• Any creditor of deceased

Assuming that the person topping the priority list is uncontactable, an application to the family justice court can be made to prove constructive renunciation of the person with the top priority.

Probate citation proceedings in Singapore-

 The processing involves serving the person with the priority in the citation. If any, the defendant will make an appearance to apply for an application for the Grant of Probate by a specific date. In case there is no appearance, then it will be considered that the defendant has constructively renounced his/her legal right to be the executor.

While the defendant is uncontactable but had previously expressed an intention to be the executive, the citation proceedings probate in Singapore will not result in renouncing the defendant's right. This is because the defendant might have handled the deceased's affairs like an executive, or in some cases, he might respond out of time.

Moreover, even if the defendant is considered to have constructively renounced his/ her right, the defendant may withdraw renunciation if it in some way benefits the state or beneficiary under the Will.

For cases where there is no named executive or no one appears after the commencement of the citation proceeding probate in Singapore, the letters of administration are granted to the person whom the court considers the most capable.

In a case where no close person of the deceased makes an application for the letter of administration, the creditors can apply. If no creditors apply for the same, the court can grant the letter of administration to whomever it is considered the most capable of managing the state.

Who can help the right way for Citation Proceedings Probate in Singapore?

Not is it important to hire a good lawyer for citation proceedings probate in Singapore but also in cases where the deceased has mentioned organ donation after death in Singapore. As both things can complicate the matter, legal assistance can be beneficial to have smooth and transparent operations. Populus Law Corporation can be the right choice for such cases. Their professional lawyers are well versed with such situations and have efficiently dealt with them previously. Their expert help and guidance in every way can help you by making the process convenient and easy for you.