Chapter 4 - Non-Contentious Probate Proceedings, O.71

Question 1

NON-CONTENTIOUS PROBATE PROCEEDINGS TO OBTAIN GRANT OF PROBATE

Overview

Answer 1

1) The law
2) Application
3) Hearing
4) Post-hearing

Question 2

NON-CONTENTIOUS PROBATE PROCEEDINGS TO OBTAIN GRANT OF PROBATE

The law

Answer 2

O.71

• lays down procedure for non-contentious probate proceedings.

Question 3

NON-CONTENTIOUS PROBATE PROCEEDINGS TO OBTAIN GRANT OF PROBATE

Application

Answer 3

O.71, r.5

• Form & mode: Originating Summons in Form 6
• Affidavit: information in Form 159
• Exhibits: as the Registrar may require

Question 4

NON-CONTENTIOUS PROBATE PROCEEDINGS TO OBTAIN GRANT OF PROBATE

Hearing

Answer 4

O.71, r.4

• no grant until Registrar is satisfied ;
• Registrar may require proof of identity of the deceased or the applicant;
• Notice in Form 158;
• Notify the Registrar of the Principal Registry.

Question 5

NON-CONTENTIOUS PROBATE PROCEEDINGS TO OBTAIN GRANT OF PROBATE

Post-hearing

Answer 5

• extraction;
• payment of debt;
• distribution of asset;
• preparation of account.

Question 6

NON-CONTENTIOUS PROBATE PROCEEDINGS TO OBTAIN LA AT HIGH COURT

Overview

Answer 6

1) The law
2) Application
3) Hearing
4) Sureties
5) Extraction
6) Distribution of asset

Question 7

NON-CONTENTIOUS PROBATE PROCEEDINGS TO OBTAIN LA AT HIGH COURT

The law

Answer 7

O.71

• lays down procedure for non-contentious probate proceedings.

Question 8

NON-CONTENTIOUS PROBATE PROCEEDINGS TO OBTAIN LA AT HIGH COURT

Application

Answer 8

O.71, r.5

• Form & mode: Originating Summons in Form 6
• Affidavit: information in Form 159
• Exhibits: as the Registrar may require.

Question 9

NON-CONTENTIOUS PROBATE PROCEEDINGS TO OBTAIN LA AT HIGH COURT

Hearing

Answer 9

O.71, r.4

• no grant until Registrar is satisfied ;
• Registrar may require proof of identity of the deceased or the applicant;
• Notice in Form 158;
• Notify the Registrar of the Principal Registry.

Question 10

NON-CONTENTIOUS PROBATE PROCEEDINGS TO OBTAIN LA AT HIGH COURT

Sureties

Answer 10

O.71, r.34

• For Letters of Administration, the Court requires two (2) sureties;
• The presentation of these sureties can be exempted by making an Application to
  Dispense with Sureties.

Question 11

NON-CONTENTIOUS PROBATE PROCEEDINGS TO OBTAIN LA AT HIGH COURT

Extraction

Answer 11

• can be extracted in 2 weeks;
• after LA is extracted, it is the duty of administrator to pay off all the liabilities of the deceased in accordance with S.6 DA.

Question 12

NON-CONTENTIOUS PROBATE PROCEEDINGS TO OBTAIN LA AT HIGH COURT

Distribution of asset - meaning of child & parent

Answer 12

S.3 DA

1) Child:
– a legitimate child and where the deceased is
permitted by his personal law a plurality of wives includes a child by any of such wives;
– does not include an adopted child other
than a child adopted under the provisions of the Adoption Act 1952.

2) Parent:

– natural mother or father of a child, or the lawful mother or father of a child under the Adoption Act 1952.

Question 13

NON-CONTENTIOUS PROBATE PROCEEDINGS TO OBTAIN LA AT HIGH COURT

Distribution of asset - whether step-child includes

Answer 13

Pang Chuan Cheong v Oh Kwong Foi

• Not included, unless s/he has been LEGALLY adopted.

Question 14

NON-CONTENTIOUS PROBATE PROCEEDINGS TO OBTAIN LA AT HIGH COURT

Distribution of asset - whether spouse of unregistered marriage includes

Answer 14

Chia Siew Li v Liew Khey Cheong

• unregistered marriage does not qualify the spouse the entitlement of the shares of the deceased.

Question 15

NON-CONTENTIOUS PROBATE PROCEEDINGS TO OBTAIN LA AT HIGH COURT

Distribution of asset - apportionment & shares for distribution

Answer 15

S.4 DA

• spouse only: all to spouse
• spouse & parents: 1/2 each
• children: divide equally
• only parents: all to parents
• spouse + children: 1/3 spouse + 2/3 children
• children + parents: 2/3 children + 1/3 parents
• spouse + children + parents: 1/2 children, 1/2 spouse, 1/2 parents