What to Do When a Family Member Dies Without a Will (Intestacy)

When a person in Singapore dies without a valid will, their estate is distributed according to the Intestate Succession Act, rather than according to their own wishes. For families dealing with this situation, the immediate priorities are usually understanding who has the right to apply to administer the estate, how assets will be distributed, and how to unlock bank accounts and other assets that are frozen upon death. This guide addresses each of these practically.

What “Dying Intestate” Means

A person dies intestate when they leave no valid will, or when their will does not dispose of their entire estate. In either situation, the portion of the estate not covered by a valid will is distributed according to a fixed legal formula set out in the Intestate Succession Act, regardless of what the deceased may have verbally expressed or intended.

It is worth noting that the Intestate Succession Act does not apply to Muslims in Singapore, whose estates are instead distributed according to Muslim inheritance law (Faraid), administered separately.

Who Can Apply for Letters of Administration

When there is no will, there is no named executor, so someone must apply to court for the legal authority to administer the estate. This authority is granted through a document called Letters of Administration.

The right to apply generally follows the beneficiary’s entitlement to the estate. The spouse of the deceased generally has priority to apply for a grant of Letters of Administration, followed by the beneficiaries with lower priority bassed on their entitlement to the estate. Eligible beneficiaries may apply to become the administrator based on a strict legal order of priority based on the applicant’s relationship to the deceased:

1. Spouse
2. Children (if no surviving spouse, or jointly with the spouse)
3. Parents (if no surviving spouse or children)
4. Siblings
5. Other more distant relatives, in order set out by the Act

Generally, the person with the highest priority under this order who is willing and able to act will apply. Where multiple people have equal priority (such as several children), they can apply jointly, or one can apply after obtaining the renunciation of rights (if they have lower priority) and consent of those with prior right.

How Assets Are Distributed Under the Intestate Succession Act

The distribution formula depends on which family members survive the deceased:

• Spouse and children survive: The spouse receives half of the estate, and the children and descendants of any deceased children share the other half according to the rules of distribution.
• Spouse survives, no children: The spouse receives half of the estate, and the deceased’s parents receive the other half equally. If no parents survive, the spouse receives the whole estate.
• Children survive, no spouse: The children share the entire estate equally, subject to the rules concerning descendants of deceased children.
• No spouse or children, parents survive: The parents share the estate equally.
• No spouse, children, or parents: The estate passes to siblings and the children of deceased siblings, and if none survive, to grandparents, and then to aunts and uncles, following the order set out in the Act.
• No surviving relatives within the statutory categories: The estate passes to the Singapore Government.

It is a common misconception that a surviving spouse automatically inherits the entire estate. Under Singapore’s intestacy rules, this is only the case where there are no surviving children and no surviving parents of the deceased.

Step-by-Step: Applying for Letters of Administration

1. Establish that there is no valid will. This may involve checking with the Wills Registry, as well as with the deceased’s lawyers or family members. However, registration with the Wills Registry is voluntary and not mandatory, so its absence from the registry does not conclusively prove no will exists.
2. Determine who has priority to apply, based on the order set out above.
3. Gather required documents, including the death certificate, the deceased’s NRIC, and information on the deceased’s assets and family members (including any minors, who require special provisions).
4. File the application with the Family Justice Courts, including an inventory of the deceased’s assets and liabilities.
5. Provide a Renunciation and Consent from other family members with equal or higher priority, where applicable, confirming they consent to the applicant taking on the role.
6. Obtain a Grant of Letters of Administration. Once the court is satisfied with the application, it issues the grant, which is the applicant’s legal authority to deal with the estate.
7. Administer the estate, including collecting assets, settling any debts, and distributing the remainder according to the intestacy formula.

Timeline for Unlocking Frozen Assets

When a person dies, their bank accounts and certain other assets are typically frozen, meaning no withdrawals or transfers can be made until someone has the legal authority to act. This is a protective measure, but it can create practical difficulties for families needing access to funds for funeral expenses or ongoing obligations.

Generally:

• Banks may release a limited amount for funeral expenses even before Letters of Administration are granted, upon presentation of the death certificate and relevant documentation, though policies vary by bank.
• Full access to frozen bank accounts, investment holdings, and other assets typically requires the Grant of Letters of Administration to be presented to the relevant institution.
• The overall timeline from application to grant can range from a few months to longer, depending on the complexity of the estate, whether all required consents are straightforward to obtain, and the court’s processing time.

CPF savings are handled separately from the rest of the estate. They are distributed according to any CPF nomination made by the deceased during their lifetime. If no nomination was made, the CPF savings are transferred to the Public Trustee’s Office for distribution according to intestacy laws or Muslim Inheritance law, rather than being dealt with through the Letters of Administration process for the general estate.

Frequently Asked Questions

What if the deceased had debts? Debts must be settled from the estate before the remaining assets are distributed to beneficiaries. The administrator is responsible for identifying and settling valid debts as part of administering the estate.

Can Letters of Administration be applied for without a lawyer? It is possible to apply without a lawyer, but the process involves preparing court documents, an inventory of the deceased’s assets, and consents from other family members, which can become complex where the estate has multiple asset types or where family members disagree, making legal assistance advisable in most cases.

What happens if a minor child is a beneficiary? Where a minor is entitled to a share of the estate, special provisions apply. In particular, where there is a minority interest, the court has specific requirements concerning who may be granted Letters of Administration, which can include a trust corporation, a trust corporation together with an individual, or two or more individuals. 

Get in Touch

For advice specific to your situation, contact Tan, Lee & Choo LLC:

WhatsApp/Phone: 9692 2522
Email: enquiry@tanleeandchoo.com.sg
Hours: Mon – Fri, 9:30am – 5:00pm
Address: 1 Park Road #04-04, People’s Park Complex, Singapore 059108