If the deceased owned assets in Singapore, it is advisable for family members to initiate a probate process in Singapore. This is because there is no mutual recognition of court orders between Singapore and China, and Singapore courts do not recognize foreign grants of probate as they are without first being endorsed by the Singapore Court. For the Registrar to consider a person entitled to a grant in Singapore, they must be satisfied that the applicant is also entitled under the law of the deceased’s domicile.
(1) Domicile
Domicile is a common law concept influenced by factors such as nationality, permanent residency, habitual residence, or tax residence. However, none of these factors alone is conclusive. In Singapore, a person can only have one domicile at any point of his or her life. There is no simple test for domicile. Generally, the domicile of origin would be determined by where a person is born. A person may also choose to acquire a domicile of choice (residing in another country) or dependence (following parents’ or spouse’s domicile), different from the domicile of origin. The burden of proving a change of domicile lies with the person alleging the change.
(2) If the deceased domiciled in Singapore
If the deceased domiciled in Singapore, assets will be distributed according to Singaporean law by the courts. If the deceased left a will, family members could apply for a grant of probate to the courts. The executor appointed by the will of the deceased will distribute the assets according to the will. The executor named in the will distributes assets accordingly. Wills that are legally recognized under Singaporean law will necessarily include an executor. If the deceased died without a will(intestate), family members can apply for a letter of administration instead. The courts will appoint an administrator in the letter of administration to take care of managing and distributing assets according to the Intestate Succession Act of Singapore.
(3) If the deceased domiciled outside Singapore
If the deceased domiciled outside Singapore but owned assets in Singapore, the courts court could still issue a grant of probate or letter of administration according to the law of the deceased’s domicile.
For example, if the deceased domiciled in China and left a will valid under Chinese law, the Singapore courts could accept the will to be valid. The courts will additionally require an affidavit from a lawyer practicing or having practiced in China as evidence. The foreign law affidavit would serve to explain if the execution of the will is valid under Chinese law and who under Chinese law can execute the will. If the deceased domiciled in China and died without a will (intestate), a foreign law affidavit will also be required, explaining how the assets should be distributed according to Chinese intestacy law, who is able to be appointed as the administrator of the estate
Given the potential complexity of recognizing foreign wills applying for a letter of administration in Singapore, if you own assets in Singapore, it is also advisable to plan ahead and make a will here.
Conclusion
Coping with the loss of a loved one is already a significant challenge, and navigating the probate process in a foreign country can add further complexity. At Bethel Chambers, our team of lawyers is here to provide assistance and support during this difficult time. We are confident in our ability to guide you through the intricacies of cross-border and Singapore probate law, ensuring that the wishes of the deceased are fully realized. You can rely on us to handle the legal matters with care and expertise, allowing you to focus on grieving and healing.
